This Comment examines the conflicts among Indian and federal reserved rights and state vested water rights in a general stream adjudication. The author argues that the West is facing an acute water crisis as growing urbanization, industrialization, and modern agricultural processes place an ever greater demand on a scarce and vital resource, and that this crisis is being aggravated by a conflict between western water laws and the judicially created implied-reservation-of-water-rights doctrine, which applies to all Indian reservations and federally reserved lands. The author suggests that immediate modification of the implied-reservation-of-water-rights doctrine is essential to enable states to affirmatively administer and apportion state waters to users on a comprehensive basis to combat the growing crisis over western waters.
Belinda K. Orem,
Paleface, Redskin, and the Great White Chiefs in Washington: Drawing the Battle Lines over Western Water Rights,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol17/iss2/12