Indian Water Rights: Hearings Before the Subcommittee on Administrative Practice and Procedure of the Committee on the Judiciary, United States Senate, Ninety-fourth Congress, Second Session ... June 22 and 23, 1976 |
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Common terms and phrases
25 Stat acre feet adjudication of Indian administration Akin decision American Indians Arizona Attorney BLOOM Bureau of Reclamation California CHAMBERS Colorado River conflict Crow determined dismiss diversion Eagle County Eagle River Eagle River decision effect Enabling Act Federal court Federal district court Federal forum Federal Government Federal law Federal reserved rights Federal rights filed gasification hearings Indian lands Indian reservations Indian rights Indian tribes Indian water rights Interior involved irrigation Justice Department land resources litigation McCarran Act McCarran amendment ment Mexico mining Missouri River Basin Montana N.A.S. Report National natural resources non-Indian North Northern Cheyenne Northern Great Plains paramount rights planning prior and paramount proceedings Pyramid Lake questions reserved water rights San Juan River Senator ABOUREZK Senator KENNEDY Sioux South Dakota statute stream strippable subcommittee suit TAFT tion Tonasket tribal U.S. Supreme Court United Upper Missouri Basin water adjudication water division water users Wyoming Yakima Yellowstone
Popular passages
Page 49 - The people inhabiting this state do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States...
Page 37 - From their very weakness and helplessness, so largely due to the course of dealing of the Federal government with them and the treaties in which it has been promised, there arises the duty of protection, and with it the power. This has always been recognized by the Executive and by Congress, and by this court, whenever the question has arisen.
Page 62 - These Indian tribes are the wards of the nation. They are communities dependent on the United States; dependent largely for their daily food. Dependent for their political rights. They owe no allegiance to the States, and receive from them no protection. Because of the local ill feeling, the people of the States where they are found are often their deadliest enemies.
Page 59 - That the people inhabiting said proposed states do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof...
Page 39 - They were, and always have been, regarded as having a semi-independent position when they preserved their tribal relations; not as States, not as nations, not as possessed of the full attributes of sovereignty, but as a separate people, with the power of regulating their internal and social relations, and thus far not brought under the laws of the Union or of the State within whose limits they resided.
Page 56 - It is clear from our cases that the United States often has reserved water rights based on withdrawals from the public domain. As we said in Arizona v. California, 373 US 546, 83 S.Ct.
Page 36 - The reservation was a part of a very much larger tract which the Indians had the right to occupy and use and which was adequate for the habits and wants of a nomadic and uncivilized people. It was the policy of the Government, it was the desire of the Indians, to change those habits and to become a pastoral and civilized people.
Page 60 - States is hereby given to the people of any State to amend, where necessary, their State constitution or existing statutes, as the case may be...
Page 74 - Congress by its declaration that "this Constitution and the laws made in pursuance thereof and all treaties made or which shall be made under authority of the United States shall be the supreme law of the land.
Page 36 - In other words, the treaty was not a grant of rights to the Indians, but a grant of rights from them - a reservation of those not granted.