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1 The U.S. Supreme Court announced its decision in Winters v. United States in 1908. Ordinarily there would not be much to say about a hundred-yearold Supreme Court case, the holding of which has been repeatedly reaffirmed by the Supreme Court itself, as well as by many other courts. Winters is not an ordinary case. Its central conclusion, that a claim to water was reserved when land was reserved for Indians, indeed represents a commitment to justice , as we have called out in the title to this conference. But the exact nature of that commitment, its legal basis, its scope, its 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 have been, and continue to be, litigated and negotiated. Later opinions have refined, amplified, and qualified the Winters holding in various ways. And finally, once the legal issues have been resolved in a particular locale, the hard and often expensive issue remains about how and where to get the water to benefit the Indian communities for which it was reserved without severely affecting the water rights and uses historically exercised by non-Indian communities using water from the same basin or in the same region. And so, after a hundred years of the Winters doctrine, the theme of our conference is still a lively question. Will its commitment to justice Introduction 2 INTRODUCTION endure? I hope all of you will enrich and be enriched by our exploration of the question in the days ahead. —Sanford Gaines, Utton Transboundary Resources Center The Winters doctrine is truly entitled to a big celebration for its centennial, for what it has already done and what is left to do. The question of this conference is: will the Winters commitment to justice endure? And I had a chance to think some more about that question last week. I was driving up to the Grand Staircase–Escalante National Monument. It was beautiful. It was striking, as any of you know who have been there. My husband and I crossed the Colorado at Page, Arizona, and it was my first view of Lake Powell. I was impressed by the beauty of it, of Glen Canyon, of the monoliths surrounding the lake, and of the Navajo power plant that was right there. But most of all, being a western water lawyer, I was impressed with the bathtub ring around the lake and with the low water levels. That brought to mind why this conference is critical and why these water issues are so critical. In 2005 the lake was at its lowest level since 1969. Now, in 2008, precipitation is above normal and inflows are increasing. But the water levels are still low. In fact, I saw an enterprising entrepreneur advertising the advantages of vacationing in low water. So I was reminded that the reason this conference is so critical at this particular time is because of the stresses on our water supply. Population growth, the warming of the planet, drought, and the condition of the U.S. budget all increase the challenge of fulfilling the promise of Winters to those tribes who have not yet adjudicated water rights. This conference is based on the belief that Al Utton, the namesake of the Utton Center, stood for. That’s the belief that if people get to know each other and have a common understanding, they can solve their problems together. A recent report on the Colorado River from the National Academy of Sciences said that active communication and sustained collaboration among states— and I would add among stakeholders to water—is important in dealing with the drought conditions on the river. We hope that the setting of this conference and the program will promote the kind of understanding that can lead to solving problems and enhancing collaboration regarding Winters rights. You who are here represent tribes, federal and state governments, conservancy districts, NGOs, and academics. It will be up to you to determine whether the Winters promise will endure. —Marilyn O’Leary, Utton Transboundary Resources Center ...

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