| Book Review | Western Historical Quarterly 32.2

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| Book Review | Western Historical Quarterly 32.2 | The History Cooperative

Book Review

Indian Reserved Water Rights: The Winters Doctrine in Its Social and Legal Context, 1800s–1930s. By John Shurts. (Norman: University of Oklahoma Press, 2000. xv + 333 pp. Notes, bibliography, index. $39.95.)

The U. S. Supreme Court opened a new era in western water law and Indian treaty rights with its 1908 decision in Winters v. United States, which created reserved rights doctrine. This hybrid combined "eastern" riparian doctrine, which awards reasonable use of water to owners of land bordering lakes or streams, with prior appropriation. In Winters, the United States argued that the 1888 treaty creating the Fort Belknap Reservation in Montana implied reserving rights to water in the Milk River, which formed one of the reservation's boundaries. For the reservation to function as intended, as an economically viable home for the Gros Ventres and Assiniboines living there, it required water from the river. The court agreed and ruled settlers upstream from Fort Belknap could not diminish the Milk's flow to the detriment of the reservation. . . .

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