About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

38 NARF Legal Rev. 1 (2013)

handle is hein.journals/narf38 and id is 1 raw text is: In the world of tribal water rights there has long been a distinction between paper water and wet water. For the Klamath Tribes of Oregon this has been particularly true because their Treaty-protected rights to water have been recognized by the courts at least since the United States v. Adair decisions in 1979 and 1984, but the rights have remained unquantified and unen- forced. However, with the Oregon Water Resources Department's March 7, 2013 issuance of the Final Order of Determination (FOD) in the Klamath Basin Adjudication, that situation has finally changed. Under Oregon statutory law the Tribal water rights as confirmed and quantified in the FOD are now enforceable, meaning that water use by junior water rights holders may be curtailed where necessary to fulfill the Tribes' senior water rights. Yet the struggle for the Tribes is not over. The battleground now shifts from the administra- tive to the judicial arena, with the FOD determi- nations facing challenge by the Tribes' opponents in the state courts. The road leading to quantification and enforce- ment of the Tribes' water rights has been a long one. The journey began with the 1975 filing of the Adair litigation, in which the federal courts confirmed the Tribes have reserved Indian water rights in the Klamath Basin to support the Tribes' treaty hunting, fishing, trapping and gathering rights with a time immemorial priority date, as well as water rights needed to satisfy the agri- cultural purposes of the Klamath Reservation established in the Tribes' 1864 treaty with the United States. But the federal courts left to later state proceedings the question of how much water the Tribes reserved for those purposes. In 1997, the Tribes and the United States as trustee for the Tribes filed claims for quantification of WINTER/SPRING 2013 VOLUME 38, NO. 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most