这篇关于印第安人保留地的文章我读的是云里雾里。。。有好些句子理解不过来,还请NN们帮帮偶解释一下,感谢感谢!!
GWD 10:
Later decisions, citing
Winters, established that courts
can find federal rights to reserve
water for particular purposes if
(20) (1) the land in question lies within
an enclave under exclusive federal
jurisdiction, (2) the land has been
formally withdrawn from federal
public lands — i.e., withdrawn from
(25) the stock of federal lands available
for private use under federal
land use laws — and set aside or
reserved, and (3) the circumstances
reveal the government
(30) intended to reserve water as well
as land when establishing the
reservation.
加亮的部分里的withdraw怎么理解呢?是说印第安保留地被正式地从联邦公共陆地收回吗?不太明白保留地和public land到底是什么关系?哪位NN可以翻译一下这句话“(2) the land has been formally withdrawn from federal public lands — i.e., withdrawn from the stock of federal lands available for private use under federal land use laws — and set aside or reserved, ”。
同样的,下面这句话里面的withdrawn the pueblos from publich lands as American Indian reservations又是什么意思呢?as American Indian reservations是修饰public lands么??
in any event, no treaty, statute, or executive order has ever designated or withdrawn the pueblos from (50) public lands as American Indian reservations.
不行了。。。偶已经绕不出来了。。。呜呜。。请NN帮忙啊,谢谢谢谢了!!!
GWD 10此篇文章如下:
In Winters v. United States
(1908), the Supreme Court held
that the right to use waters flow-
Line ing through or adjacent to the
(5) Fort Berthold Indian Reservation
was reserved to American Indians
by the treaty establishing the reservation.
Although this treaty did
not mention water rights, the Court
(10) ruled that the federal government,
when it created the reservation,
intended to deal fairly with
American Indians by preserving
for them the waters without which
(15) their lands would have been use-
less. Later decisions, citing
Winters, established that courts
can find federal rights to reserve
water for particular purposes if
(20) (1) the land in question lies within
an enclave under exclusive federal
jurisdiction, (2) the land has been
formally withdrawn from federal
public lands — i.e., withdrawn from
(25) the stock of federal lands available
for private use under federal
land use laws — and set aside or
reserved, and (3) the circumstances
reveal the government
(30) intended to reserve water as well
as land when establishing the
reservation.
Some American Indian tribes
have also established water rights
(35) through the courts based on their
traditional diversion and use of
certain waters prior to the United
States’ acquisition of sovereignty.
For example, the Rio Grande
(40) pueblos already existed when the
United States acquired sovereignty
over New Mexico in 1848. Although
they at that time became part of the
United States, the pueblo lands
(45) never formally constituted a part
of federal public lands; in any
event, no treaty, statute, or executive
order has ever designated
or withdrawn the pueblos from
(50) public lands as American Indian
reservations. This fact, however,
has not barred application
of the Winters doctrine. What
constitutes an American Indian
(55) reservation is a question of
practice, not of legal definition,
and the pueblos have always
been treated as reservations by
the United States. This pragmatic
(60) approach is buttressed by Arizona
v. California (1963), wherein the
Supreme Court indicated that the
manner in which any type of federal
reservation is created does not
(65) affect the application to it of the
Winters doctrine. Therefore, the
reserved water rights of Pueblo
Indians have priority over other
citizens’ water rights as of 1848,
(70) the year in which pueblos must
be considered to have become
reservations.
[此贴子已经被作者于2004-10-24 17:21:36编辑过] |