Part I of this Note examines the development of Indian reserved water rights, and the practicably irrigable acreage method of quantifying those rights, as defined by the Court. Part II describes the arguments of state and private interests that oppose broad Indian water rights. Part III discusses Gila V, including the Arizona Supreme Court's rationale for abandoning the standard set forth by the U.S. Supreme Court and the standard for quantifying Indian reserved rights that the court applied in its place. Part IV analyzes the Arizona Supreme Court's justifications for abandoning the standard, and considers alternate grounds for the decision. Ultimately, this Note concludes that the Arizona Supreme Court misinterpreted precedent and wrongfully rejected the standard established by the U.S. Supreme Court in Arizona I and Arizona II. Thus, Gila V should be viewed as an abrogation of the established standard for defining Indian water rights and not serve as precedent.
Abandoning the PIA Standard: A Comment on Gila V,
Mich. J. Race & L.
Available at: https://repository.law.umich.edu/mjrl/vol9/iss1/7