San Diego Law Review

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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.

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