Oral Argument in United States v New Mexico
Format
Book Chapter
Book Title
The Future of Indian Water Rights: The Winters Centennial
Editor
Barbara Cosens and Judith Royster
First Page
372 pages
Files
Description
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. 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. In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of these issues and legacies.
ISBN
9780826351227
Publication Date
1-1-2012
City
Albuquerque, NM
Publisher
University of New Mexico Press
Disciplines
Law
Recommended Citation
Hall, G. Emlen. "Oral Argument in United States v New Mexico." The Future of Indian Water Rights: The Winters Centennial (2012): 372 pages. https://digitalrepository.unm.edu/law_facbookdisplay/109
