John Shurts - Indian Reserved Water Rights: The Winters Doctrine in Its Social and Legal Context, 1880S-1930s (Legal History of North America)
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Indian Reserved Water Rights: The Winters Doctrine in Its Social and Legal Context, 1880S-1930s (Legal History of North America)
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In its 1908 decision for Winters v. United States, the Supreme Court affirmed a lower-court ruling that the United States and the Gros Ventre and Assiniboine Indians had reserved rights to water in the Milk River through an 1888 treaty which created the Fort Belknap Indian Reservation in Montana. Since 1908 the Winters decision, or Indian reserved water rights doctrine, has played an important and controversial role in the West.Indian Reserved Water Rights is the first book-length historical study of the Winters case and the early use of the reserved water doctrine. In the book, John Shurts explains how the litigation and its outcome fit well within the existing legal context and into ongoing efforts at water development in the Milk River Valley. He also examines the life of the Winters Doctrine during its earliest years, primarily through a study of water-rights litigation on the Uintah Reservation in Utah.
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Indian Reserved Water Rights : The Winters Doctrine in Its Social and Legal Context, 1880s-1930s Legal History of North America ; V. 8
author
:
Shurts, John.
publisher
:
University of Oklahoma Press
isbn10 | asin
:
0806132108
print isbn13
:
9780806132105
ebook isbn13
:
9780585257037
language
:
English
subject
Water rights--Milk River (Mont. and Alta.)--History, Indians of North America--Montana--Claims--History, Water development projects--Milk River (Mont. and Alta.) , Water rights--West (U.S.) , Indians of North America--West (U.S.)--Claims.
publication date
:
2000
lcc
:
KF8210.N37S55 2000eb
ddc
:
346.7304/32
subject
:
Water rights--Milk River (Mont. and Alta.)--History, Indians of North America--Montana--Claims--History, Water development projects--Milk River (Mont. and Alta.) , Water rights--West (U.S.) , Indians of North America--West (U.S.)--Claims.
Page i
Indian Reserved Water Rights
Legal History of North America
Page ii
Legal History of North America
General Editor Gordon Morris Bakken, California State University, Fullerton
Associate Editors David J. Langum, Samford University John P. S. McLaren, University of Victoria John Phillip Reid, New York University
Page iii
Indian Reserved Water Rights
The Winters Doctrine in its Social and Legal Context, 1880s1930s
John Shurts
Page iv
Library of Congress Cataloging-in-Publication Data
Shurts, John, 1956 Indian reserved water rights : the Winters doctrine in its social and legal context, 1880s1930s/John Shurts. p. cm. (Legal history of North America ; v. 8) Includes bibliographical references and index. ISBN 0-8061-3210-8 (alk. paper) 1. Water rightsMilk River (Mont. and Alta.)History. 2. Indians of North AmericaMontanaClaimsHistory. 3. Water development projectsMilk River (Mont. and Alta.) 4. Water rightsWest (U.S.) 5. Indians of North AmericaWest (U.S.)Claims. I. Title. II. Series. KF8210.N37S55 2000 346.7304'32dc21 99-43558 CIP
Indian Reserved Water Rights: The Winters Doctrine in Its Social and Legal Context, 1880s1930s, by John Shurts, is Volume 8 in the Legal History of North America series.
The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources, Inc.
Copyright 2000 by the University of Oklahoma Press, Norman, Publishing Division of the University. All rights reserved. Manufactured in the U.S.A.
1 2 3 4 5 6 7 8 9 10
Page v
For Lin
Page vii
CONTENTS
List of Maps
ix
Acknowledgments
xi
Introduction
3
Part I Winters v. United States: Litigation, Decisions, and Context
15
Chapter 1. Prelude to the Winters Litigation: Land Cession and Reservation Agreements, Non-Indian Settlement, and Irrigation
17
Chapter 2. Legal Context of the Litigation: The Prior Appropriation System and Possibilities in the Law of Water in Montana in 1905
35
Chapter 3. Commencement of the Winters Case: A Federal Court Decision for Fort Belknap and Its Place in the Water Issues of the Milk River Valley
67
Chapter 4. Winters in the Federal Court of Appeals: Reclamation Anxiety, Kansas v. Colorado, and Affirmation by the Court of Appeals
85
Chapter 5. Back in the Milk River Valley, 19051907: Reclamation, Reservation Busting, and Sugar Beet Production
103
Chapter 6. Winters and Allotment: The Blackfeet Reservation Allotment Legislation and Water Rights
119
Chapter 7. The Supreme Court's Decision in Winters: Anticlimax in the Milk River Valley, 19071908
142
Page viii
Chapter 8. The People of Winters and the Natural Law of the West
158
Part II The Work of Winters, 19051930s: A Case Study from the Uintah Reservation
165
Chapter 9. Prelude to the Water Rights Litigation at the Uintah Indian Reservation, Late 1800s to 1914: Allotment, Irrigation, State Water Law, and Water Problems
169
Chapter 10. National Context of the Uintah Litigation: Growing Interest in the Potential of Winters, 19091915
181
Chapter 11. Back at the Uintah Reservation: The Switch to a Winters-Based Approach and Litigation
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