In this Book

The Future of Indian and Federal Reserved Water Rights
summary

On January 6, 1908, the Supreme Court ruled that when land is set aside for the use of Indian tribes, that reservation of land includes reserved water rights. The Winters Doctrine, as it has come to be known, is now a fundamental principle of both federal Indian law and water law and has expanded beyond Indian reservations to include all federal reservations of land.

Ordinarily, there would not be much to say about a one hundred-year-old Supreme Court case. But while its central conclusion that a claim to water was reserved when the land was reserved for Indians represents a commitment to justice, the exact nature of that commitment—its legal basis, scope, implications for non-Indian water rights holders, the purposes for and quantities of water reserved, the geographic nexus between the land and the water reserved, and many other details of practical consequence—has been, and continues to be, litigated and negotiated. In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of these issues and legacies.

Table of Contents

  1. Front Cover
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  1. Title Page
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  1. Copyright
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  1. Contents
  2. pp. vii-x
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  1. Foreword
  2. pp. xi-xii
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  1. Acknowledgments
  2. pp. xiii-xiv
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  1. Introduction
  2. pp. 1-2
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  1. PART I: The Winters Doctrine
  2. pp. 3-4
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  1. 1: The Legacy of Winters v. United States and the Winters Doctrine, One Hundred Years Later
  2. pp. 5-21
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  1. 2: The Primary Cases of the Reserved Rights Doctrine: Reenactments of the Oral Arguments
  2. pp. 22-52
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  1. 3: Winters in Its Historical Context
  2. pp. 53-78
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  1. PART II: Winters and the Contemporary Landscape
  2. pp. 79-80
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  1. 4: Winters and the Contemporary Landscape
  2. pp. 81-85
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  1. 6: Indian Water Rights: The Era of Settlement
  2. pp. 136-146
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  1. 7: Post-decree Administration of Indian Water Rights in Multijurisdictional Settings
  2. pp. 147-166
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  1. PART III: Case Studies in the Winters Doctrine
  2. pp. 167-168
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  1. 8: Results Following Litigation: The Wind River Tribes/Big Horn River
  2. pp. 169-179
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  1. 9: The Pyramid Lake Paiute Water Rights
  2. pp. 180-190
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  1. 10: The Boundaries of Winters—When the Courts Alone Are Not Enough to Protect Indian Reserved Rights
  2. pp. 191-220
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  1. 11: The Fort Belknap: Water Compact
  2. pp. 221-237
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  1. 12: Winters in Salmon Country: The Nez Perce Tribe Instream Flow Claims
  2. pp. 238-257
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  1. 13: Off-Reservation Instream Flows: The Nez Perce Settlement
  2. pp. 258-269
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  1. 14: Litigation versus Settlement in Non-Indian Federal Reserved Rights
  2. pp. 270-279
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  1. 15: A New Deal for a 1933 Water Right: The Black Canyon of the Gunnison Instream Flow Controversy
  2. pp. 280-304
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  1. PART IV: The Post-Winters World
  2. pp. 305-306
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  1. 16: The Future of Winters
  2. pp. 307-330
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  1. 17: Will the Winters Commitment to Justice Endure? It Depends on Us
  2. pp. 331-336
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  1. Appendix A: Winters v. United States
  2. pp. 337-345
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  1. Appendix B: Indian Water Rights Settlements
  2. pp. 346-349
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  1. Selected Bibliography
  2. pp. 350-351
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  1. About the Editors
  2. pp. 352-352
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  1. Authors and Contributors
  2. pp. 353-361
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  1. Index
  2. pp. 362-372
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