【OG24-501题】According to the passage, which of the following was true of the treaty establishing the Fort Berthold Indian Reservation?_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if (1)the land in question lies within an enclave under exclusive federal jurisdiction; (2) the land has been formally withdrawn from federal public lands— i.e., withdrawn from the stock of federal lands available for private use under federal land use laws-and set aside or reserved; and (3) the circumstances reveal the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constituted a part of federal public lands; in any event, no treaty, statute, or executive order has ever designated or withdrawn the pueblos from public lands as American Indian reservations.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.

According to the passage, which of the following was true of the treaty establishing the Fort Berthold Indian Reservation?

It was challenged in the Supreme Court a number of times. It was rescinded by the federal government, an action that gave rise to the Winters case. It cited American Indians' traditional use of the land's resources. It failed to mention water rights to be enjoyed by the reservation's inhabitants. It was modified by the Supreme Court in Arizona v. California.

正确答案： D

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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虽未提及水权，但联邦政府创建保留地时意在为印第安人保留用水权。接着阐述后来的判决确定法院在特定条件下可找到联邦为特定目的保留水的权利。还提到一些印第安部落基于传统对水的分流和使用确立水权的情况，如Rio Grande普韦布洛部落。最后表明这种务实的处理方式得到Arizona v. California (1963) 案的支持。 文章类型及逻辑简图
文章类型为总分结构。逻辑简图： Winters v. United States (1908): Supreme Court held water rights reserved for Fort Berthold Indian Reservation in treaty without mention Later decisions: conditions for courts to find federal water reservation rights Some American Indian tribes: water rights based on traditional use (e.g., Rio Grande pueblos) Arizona v. California (1963): buttressed pragmatic approach 做题方法及问题类型
本题为细节题，通过定位文章中关于建立Fort Berthold印第安保留地条约的描述来解题，定位提示句为“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...”。 选项分析
A选项：文中未提及该条约在最高法院被多次质疑，属于无中生有，排除。 B选项：文中没有提到条约被联邦政府废除，属于无中生有，排除。 C选项：文中未提及条约引用了美国印第安人对土地资源的传统使用，属于无中生有，排除。 D选项：与原文“Although this treaty did not mention water rights”相符，正确。 E选项：文中未提到该条约在Arizona v. California案中被最高法院修改，属于无中生有，排除。

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