Water Right Claims in Indian Country:
From Legal Theory to Economic Reality
by Rodney T. Smith

"Under the Winters Doctrine, Indians have a legal right to sufficient water to fulfill the purposes of their reservations . . . . The resolution of Indian water claims will involve substantial water resources. In western states, potential Indian claims may exceed 45 million acre feet per year (Western States Water Council 1984, 83), with a market value between $20 billion and $50 billion. In 1989, almost 75 percent of these claims were in litigation and another 13 percent in negotiation . . . . In sum, greater awards translate into less reliable water supplies for all non-Indians, which reduces the return on capital invested in irrigation development before the court decision."

Anderson, Terry L. Editor; Property Rights and Indian Economies; 1992; p. 167-171;
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