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The judicially crafted Winters Doctrine (1908) provides water for the needs of Native Americans who reside on federally reserved lands. This judicial guarantee, while not absolute, is highly significant given the demands for this critical natural resource in a region where water is often not abundantly available.
Water policy in the Great Plains is shaped by powerful political forces. Economic demands translate into political pressures and ultimately into water law. State water laws are generally designed to allocate water for "beneficial uses," following the doctrine of prior appropriation. Stressing uses, rather than needs, is inconsistent with Native American ideals, whereby water, like other aspects of the environment, is connected to a higher sacred order. Consequently, European American water schemes have often been in conflict with Native American concepts.
In 1908, however, Native Americans prevailed in the landmark case
The Winters Doctrine was a major victory for all Native Americans, serving notice that state laws are secondary to federally reserved water rights and preventing prior appropriation schemes from extinguishing Native American needs. In 1976, in