We have focused on developing an understanding of how Tribal Nations can develop a legal argument for recognizing, and quantifying, their right to a certain amount of water for their reservation. For some Tribal Nations, they may at present have sufficient water resources available to them to satisfy the domestic, agricultural, economic, and industrial needs of the reservation and community. If that is the case, can you think of any reason why the Tribal Nation might opt to pursue a Winters-based claim even though they have no present need? In thinking about the percentage of fresh water contained in aquifers, should Tribal Nations think differently about preventing harm to groundwater resources rather than reacting to overconsumption?

References

Royster, J. V., Blumm, M. C., Kronk, E. A. (2018). Native American natural resources law: Cases and materials (4^th ed.). Carolina Academic Press.