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A variety of federal, state, and local laws govern water rights. One issue unique to America is the law of water with respect to American Indians. Tribal water rights are a special case because they fall under neither the riparian system nor the appropriation system but are outlined in the Winters v. United States decision. Indian water rights ...
Water right in water law is the right of a user to use water from a water source, e.g., a [1] river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious.
In theory, the early priority dates of tribal water rights should mean that these rights are among the most valuable and reliable. In practice, many tribes cannot use the Colorado River water that flows through their lands. Delays in quantifying water rights have meant that tribal water has been used by others for decades. [15]
A senior water user could, for example, only have been using the water during a particular season. Then the purchaser of the water right could only use the water in the same season as when the right was established. In addition, the state may put additional conditions on the use of the water right to prevent polluting or inefficient uses of ...
Winters v. United States, 207 U.S. 564 (1908), was a United States Supreme Court case clarifying water rights of American Indian reservations. [1] This doctrine was meant to clearly define the water rights of indigenous people in cases where the rights were not clear. [2]
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