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The Measure Of Indian Water Rights: The Arizona Homeland Standard, Gila River Adjudication, Barbara Cosens
The Measure Of Indian Water Rights: The Arizona Homeland Standard, Gila River Adjudication, Barbara Cosens
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On November 26, 2001, the Arizona Supreme Court concluded that Indian reservations were established as homelands. By articulating a homeland standard for the measure of reserved water rights based on tribal economic development plans, cultural needs, and historic water uses, the Arizona Supreme Court has eliminated many of the blatant inequities plaguing the current approach to Indian water rights quantification. Nevertheless, there are concerns with wholesale adoption of the Arizona standard, including the effect on those who have devoted resources in reliance on the previous standard, the introduction of uncertainty in the method of quantification, and the impact on federal …