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Show # 1044 Page 23 U. S. Supreme Court 1963. Ah - but the basic rule is that upon the creation of an Indian Reservation whether by executive order or statute or treaty, no matter how, the government impliedly set aside by use of its superior power enough water to - for the present and future uses of that reservation. It's usually measured in dry areas by irrigitable acreage, but it's measured in different ways in different areas. Now that - ah that rule is so strong • that in Arizona Against California the court ah - did something that logically doesn't fit at all. Ah - that rule, you'd say, Well, the government has power over the water because the land is all government land initially, but after it's patented out, ah - the government would lose the authority to reserve that kind of water, yet in Arizona Against California the court ruled in - in certain instances that lands reacquired for private sources had this paramount water right. Well, that may not be logical, but it's the law, and it's ah - it's one of the most powerful economic weapons that Indians - Indians lands have for the future, and ah I - with that ah- tirade, ahm, I'll ask if anyone has particular questions about it. I think if you read Arizona against California you get a good feel for what's it's all about. There're a a lot of particular issues about |
