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

22 Ariz. J. Int'l & Comp. L. 691 (2005)
Doctrinal Anachronism: Revisiting the Practicably Irrigable Acreage Standard in Light of International Law for the Rights of Indigenous Peoples

handle is hein.journals/ajicl22 and id is 707 raw text is: DOCTRINAL ANACHRONISM?: REVISITING THE PRACTICABLY IRRIGABLE ACREAGE STANDARD IN LIGHT OF INTERNATIONAL LAW FOR THE RIGHTS OF INDIGENOUS PEOPLES Dana Smith* If one may mark the turn of the 20th century by the massive expropriation of Indian lands, then the turn of the 21st century is the era when the Indian tribes risk the same fate for their water resources.' I. INTRODUCTION The year 2008 will mark the 100th anniversary of the Winters v. United States2 decision and its implicit promise to protect the water resource needs of Native Americans infinitely into the future. While Winters reserved sufficient water to fulfill the current and future needs of Indians, since 1908 precious little water has actually reached tribes.3 Instead, the federal government has invested billions of dollars in water resource projects that benefit non-Indians and essentially use water reserved for Native Americans.4 For Indian reserved water rights, the problem of water scarcity is exacerbated by the water allocation system used in the western United States, which awards a high priority date to those who first put the water to use. Because the priority date for Indian reserved water rights is the date the reservation was created, and because most reservations were established before non-Indian settlers began using water, Indians tend to have superior water rights to most users under the prior appropriation system.6 Thus, * Candidate for J.D., University of Arizona James E. Rogers College of Law, 2006; B.A. in Economics and Spanish, Colgate University, 2000. Thanks to my parents and friends for their unwavering support. Thanks to Vicki Marcus, Andy Flagg, and Jared Stewart for their editorial skills. Finally, thanks to Professor Robert Williams for reviewing a previous draft of this Note. 1. In re the Gen. Adjudication of All Rights to Use Water in the Big Horn River Sys., 835 P.2d 273, 303-04 (Wyo. 1992) (Golden, J., dissenting) (quoting Joseph R. Membrino, Indian Reserved Water Rights, Federalism and the Trust Responsibility, 27 LAND & WATER L. REv. 1, 14 (1992)). 2. 207 U.S. 564 (1908). 3. See Lee Harold Storey, Leasing Indian Water off the Reservation: A Use Consistent With the Reservation's Purpose, 76 CAL. L. REV. 179, 181 (1988); DAvID H. GETCHES, WATER LAW IN A NUTSHELL 310 (3d ed. 1997). 4. Storey, supra note 3, at 181; GETCHES, supra note 3, at 310. 5. GETCHES, supra note 3, at 7-8. 6. Id. at316.

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