The Navajo Indian Irrigation Project and quantification of Navajo Winters rights

It has been said that in accepting the Navajo Indian Irrigation Project (NIIP), the Navajo Tribe quantified its Winters rights for all time. Under the law governing the judicial interpretation of treaties, Congress has the power to abrogate a treaty right, such as Winters water rights, but it must m...

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Bibliographic Details
Published in:Natural resources journal 1992-10, Vol.32 (4), p.825-853
Main Author: Jacobsen, J.E
Format: Article
Language:English
Subjects:
Agricultural productivity
AGUA DE RIEGO
AMERICAN INDIANS
Amerindians
Civil Rights
DERECHO
DERECHO DE USO
Distribution
DROIT
DROIT D'USAGE
EAU D'IRRIGATION
ETHNIC GROUPS
GROUPE ETHNIQUE
GRUPOS ETNICOS
Irrigation
IRRIGATION WATER
LAW
LEAD ARTICLES
Legislatures
Native Americans
Native Americans (Navajo)
Navaho
NEW MEXICO
North Amerindians
NOUVEAU MEXIQUE
NUEVO MEXICO
Quantification
RIGHT OF ACCESS
River water
Supreme Court decisions
Treaties
Treaty lands
Upper houses
Water allocation
Water Resources
Water rights
Water supply
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Summary:It has been said that in accepting the Navajo Indian Irrigation Project (NIIP), the Navajo Tribe quantified its Winters rights for all time. Under the law governing the judicial interpretation of treaties, Congress has the power to abrogate a treaty right, such as Winters water rights, but it must manifest a clear and plain intent to do so. However, NIIP's record does not contain evidence of a clear and plain congressional intent to quantify all Navajo Winters rights for all time. Other issues similarly contradict the notion that quantification occurred. Thus it is not possible to conclude that NIIP constituted quantification of Navajo Winters rights.
ISSN:0028-0739
2640-2149