| OCR Text |
Show 72 GENERAL b. Indian Reserved Rights Indian reserved water rights are similar to Federal reserved rights, and they arise by virtue of Indian reservations created by treaty, Federal statutes, or executive orders of the U.S. Government. But there are two important distinctions, one having to do with the creation of the rights, and the other having to do with modification of the rights. With respect to the former, it is entirely possible that the Indians had aboriginal or ancestral claims to waters as well as lands, and if by treaty they settled and compromised these claims for certain lands to be set aside as a reservation, then any water rights impliedly re- served stem from original proprietary claims of the Indians, and not at all from any property interests of the United States. Of course, the reserved rights of Indian tribes would be created from property interests of the United States in those areas where the Indians had no" tribal, ancestral, or aborginal property claims. The other distinction between Indian reserved rights and Federal reserved rights relates to any proposal to reduce, limit, or restrict such rights. While Congress may freely dispose of Federal prop- erty, and may thus limit or disclaim Federal reserved rights, it prob- ably cannot disclaim Indian rights. In the first place, it has been in- dicated above that some Indian reserved rights might be rooted in original Indian property claims, and it would not seem to be within the legal province of the United States to unilaterally diminish or forfeit those rights. In the second place, even where Indian reserved rights were initially created from property interests of the United States, the Indian rights were (and are) held in trust by the Gov- ernment for the benefit of the Indians, and it might follow that such rights cannot be impaired or destroyed without compensation to the Indian owners. 5.6 Federal Programs and Activities Water use and development, from initial project planning to ulti- mate water consumption, are affected dramatically by Federal insti- tutions, agencies, programs, and functions. The Water Resources Council coordinates Federal water policies, allocates planning funds to the States, assembles information to assess national water use and demand, and carries on other functions. Regulatory responsibility rests with several agencies, including the Federal Power Commis- sion, the Environmental Protection Agency, the Corps of Engineers, and the Atomic Energy Commission. Construction programs for water projects are carried out principally by the Bureau of Recla- mation and the Corps of Engineers. Funding programs for plan- ning, land acquisition and construction for water-related purposes are found in a great number of agencies. The foregoing enumeration of functions hardly scratches the sur- face of the Federal role. These programs, activities, and operations have a vital bearing on the function of State water systems, and must be evaluated in connection with State water law. The "Summary- Digest of Federal Water Laws and Programs," a companion volume to this one, explains the Federal role in water resources. |
