【OG24-508题】The passage suggests that the legal rights of citizens other than American Indians to the use of water flowing into the Rio Grande pueblos are_mofa留学圈mofaGRE在线题库系统_GRE在线搜题_GRE题库解析_GRE真题机经_GRE课程_GRE培训机构

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In Winters v. United States (1908), the Supreme Court held that the right to use waters flowing through or adjacent to the Fort Berthold Indian Reservation was reserved to American Indians by the treaty establishing the reservation. Although this treaty did not mention water rights, the Court ruled that the federal government, when it created the reservation, intended to deal fairly with American Indians by reserving for them the waters without which their lands would have been useless. Later decisions, citing Winters, established that courts can find federal rights to reserve water for particular purposes if (1)the land in question lies within an enclave under exclusive federal jurisdiction; (2) the land has been formally withdrawn from federal public lands— i.e., withdrawn from the stock of federal lands available for private use under federal land use laws-and set aside or reserved; and (3) the circumstances reveal the government intended to reserve water as well as land when establishing the reservation.

Some American Indian tribes have also established water rights through the courts based on their traditional diversion and use of certain waters prior to the United States' acquisition of sovereignty. For example, the Rio Grande pueblos already existed when the United States acquired sovereignty over New Mexico in 1848. Although they at that time became part of the United States, the pueblo lands never formally constituted a part of federal public lands; in any event, no treaty, statute, or executive order has ever designated or withdrawn the pueblos from public lands as American Indian reservations. This fact, however, has not barred application of the Winters doctrine. What constitutes an American Indian reservation is a question of practice, not of legal definition, and the pueblos have always been treated as reservations by the United States. This pragmatic approach is buttressed by Arizona v. California (1963), wherein the Supreme Court indicated that the manner in which any type of federal reservation is created does not affect the application to it of the Winters doctrine. Therefore, the reserved water rights of Pueblo Indians have priority over other citizens' water rights as of 1848, the year in which pueblos must be considered to have become reservations.

The passage suggests that the legal rights of citizens other than American Indians to the use of water flowing into the Rio Grande pueblos are

guaranteed by the precedent set in Arizona v. California abolished by the Winters doctrine deferred to the Pueblo Indians whenever treaties explicitly require this guaranteed by federal land-use laws limited by the prior claims of the Pueblo Indians

正确答案： E

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文章开篇介绍在Winters v. United States (1908) 案中，最高法院判定建立Fort Berthold印第安保留地的条约为美国印第安人保留了使用流经或毗邻该保留地水域的权利，尽管条约未提及水权，但法院认为政府建立保留地时意图公平对待印第安人。随后说明后续判决指出在特定条件下法院可认定联邦有保留水用于特定目的的权利。接着提到一些美国印第安部落基于其在美国获得主权之前对某些水域的传统分流和使用，通过法院确立了水权，以Rio Grande pueblo为例，该地虽未正式成为联邦公共土地或印第安保留地，但Winters原则仍适用，且这种务实做法得到了Arizona v. California (1963) 案的支持。 文章类型及逻辑简图
文章类型：总分结构。逻辑简图： Winters v. United States (1908): Supreme Court held water rights reservation for American Indians in Fort Berthold Reservation Later decisions: conditions for federal water reservation rights Some American Indian tribes: water rights based on pre sovereignty use, e.g., Rio Grande pueblos, Winters doctrine applicable, buttressed by Arizona v. California (1963) 问题类型及做题方法
问题类型：推断题。做题方法：通过定位文章中关于Rio Grande pueblos以及其他公民水权相关内容进行推断。 选项分析
A选项：文章未提及Arizona v. California案确立的先例对其他公民水权的保障，无中生有，排除。 B选项：Winters原则不是用来废除其他公民水权的，文章未体现这种关系，排除。 C选项：文章没有说只要条约明确要求，其他公民水权就会让位于普韦布洛印第安人，过于绝对，排除。 D选项：文章未提及联邦土地使用法对其他公民水权的保障，排除。 E选项：因为Rio Grande pueblos的印第安人有优先水权主张，所以其他公民的水权会受到限制，符合文章逻辑，当选。

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