The Future of Indian and Federal Reserved Water Rights: The Winters Centennial

Item No: 727

$ 75.00

  • On January 6, 1908, the Supreme Court ruled that when land is set aside for the use of Indian tribes, that reservation of land includes reserved water rights. The Winters Doctrine, as it has come to be known, is now a fundamental principle of both federal Indian law and water law and has expanded beyond Indian reservations to include all federal reservations of land.
In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of these issues and legacies.

    • Editors: Barbara Cosens, Judith V. Royster
    • Hardback: 386 pages
    • University of New Mexico Press (June 15, 2012)
    • ISBN-10: 0826351220
    • Product Dimensions: 9.4 x 6.3 x 1.2 inches
  • Barbara Cosens is professor of law at the University of Idaho. Judith V. Royster is professor of law at the University of Tulsa.
  • Ordinarily, there would not be much to say about a one hundred-year-old Supreme Court case. But while its central conclusion that a claim to water was reserved when the land was reserved for Indians represents a commitment to justice, the exact nature of that commitment—its legal basis, scope, implications for non-Indian water rights holders, the purposes for and quantities of water reserved, the geographic nexus between the land and the water reserved, and many other details of practical consequence—has been, and continues to be, litigated and negotiated. This volume grew out of a four-day conference to celebrate the centennial of the 1908 U.S. Supreme Court case that gave rise to the doctrine of Indian tribal water rights, Winters v. United States. The book includes transcribed remarks from many of the conference's main speakers, supplement by additional essays prepared for the volume.
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