— Book Review —“The Future of Indian and Federal Reserved“The Future of Indian and Federal Reserved

Water Rights: The Winters Centennial”Water Rights: The Winters Centennial”

Title: “The Future of Indian and Federal Reserved Water Rights:The Winters Centennial”

Edited by: Barbara Cosens and Judith V. Royster$75 cloth, 386 pages

ISBN: 978-0-8263-5122-7Published: June 2012

Publisher: University of New Mexico Press, unm.press.com

By Rosanne Boyett

Beacon Staff Writer

Editor’s note: Book review articles are available online at

www.cibolabeacon.com/bookreviews.

This scholarly work is a detailed collection of essays

in which lawyers, historians, and tribal leaders explore

the legacy of the “Winters Doctrine.”

The U.S. Supreme Court’s 1908 ruling in Winters v.

United States affirmed that “when land is set aside for

the use of Indian tribes, that reservation land includes

reserved water rights,” according to the publishers.

The Santa Ana Pueblo in northern New Mexico

hosted a three-day conference in June 2008 to consider

the past century of water rights’ issues as they related

to the Winters’ decision.

The editors, Barbara Cosens and Judith V. Royster, who compiled presentations from the conference, created this

book.

Cosens and Royster organized the publication into four sections, which are dedicated to the Supreme Court’s decision

and the historical consequences; the on-going conflicts between states’ rights and federal authority concerning natural

resources, especially water; eight case studies based on the Winters’ Doctrine; and discussions of the future concerning

Native American water rights versus the historic water uses of non-Native American communities.

The essays are based on the works and contributions of 34 writers who span the spectrum from the U.S. Department

of Justice, the University of New Mexico School of Law, and various other federal and state agencies representing

Montana, Wyoming, Idaho, Illinois, California, Colorado, Pennsylvania, Wisconsin, Washington, Arizona, and Ore-

gon along with tribal members of the Fort Belknap Indian Community, the Standing Rock Sioux, the Pawnee, Pyramid

Lake Paiute; Mandan, Hidatsa and Arikara; Nez Perce, Turtle Mountain Band of Chippewa, Cochiti Pueblo, the

Blackfeet and the Sisseton-Wahpeton Oyate.

A variety of views were expressed including regrets for past oversights that occurred during negotiations, recognition

of cultural values, and a consensus to continue to protect natural resources, especially water rights, for future genera-

tions.

The third day ended with one final presentation given by Regis Pecos who began his talk in his native language of

Cayuse.

He continued in English with, “So, throughout the past one hundred years subjected to the worst policies ever con-

ceived; we must celebrate today that there are still our homelands upon which our children yet to be born can set foot;

we still are able to share and connect our spirituality with all those who have gone before, because language has survived

the onslaught of everything of the worst kind and has allowed our culture and our core values to survive – that families

have persevered, as communities have, as our tribal systems of governments and jurisprudence have survived over the

course of the most vicious federal policies conceived to destroy everything that we are as Native people.”

Barbara Cosens is professor of law at the University of Idaho, Moscow.

Judith V. Royster is professor of law at the University of Tulsa, Okla.