Transferability of Indian Water Rights
Publication: Journal of Water Resources Planning and Management
Volume 113, Issue 3
Abstract
There is interest in the possibility of purchasing Indians' reserved water rights to use either on or off the reservation for various purposes. Those wishing to purchase such reserved rights should examine the law closely, since it appears that the courts will not allow those reserved rights to be transferred from the reservation lands.
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References
1.
Arizona v. California, 373 U.S. 546, 1963.
2.
Cappaert v. United States, 426 U.S. 128, 141, 1976.
3.
Colorado River Water Conservation District v. United States, 424 U.S. 800, 1976.
4.
Colville Confederated Tribes v. Walton, 460 F. Supp. 1320, 1978.
5.
Dawes Act, General Allotment Act of 1887, 25 USC sec. 331, 1976.
6.
Deason, J. P., “The Federal Role and the Objectives of Indian Water Resources Development,” paper presented at the 1982 ASCE Specialty Conference, Water Resources Planning and Management Division, Lincoln, Neb., 1982.
7.
43 USC sec. 161–302, 1976.
8.
United States v. Ahtanum Irrigation District, 236 F.2d 321, 9th CCA, 1956.
9.
United States v. Anderson, Ho. 3643 E.D., Washington, D.C., Jul. 23, 1979.
10.
United States v. Hibner, 27 F.2d 909, 1928.
11.
United States v. Powers, 305 U.S. 527, 1938.
12.
United States and Klamath Indian Tribes v. Adair and the State of Oregon, Civil No. 75–914, D. Ore., Sep. 27, 1979.
13.
Winters v. United States, 207 U.S. 564, 1908.
Information & Authors
Information
Published In
Journal of Water Resources Planning and Management
Volume 113 • Issue 3 • July 1987
Pages: 317 - 322
Copyright
Copyright © 1987 ASCE.
History
Published online: Jul 1, 1987
Published in print: Jul 1987
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