Brigham Young University Prelaw Review
Keywords
Paiute Indian Tribe of Utah, tribal law, water law, prior appropriation, Winters Doctrine, Utah state law
Abstract
This paper critically examines the impact of the Winters Doctrine on water rights for Native American tribes, focusing on the Paiute Tribe of Utah (PITU). While the doctrine has facilitated significant achievements, challenges persist, particularly in differentiating between “paper” and “wet water rights”. The complexities of the doctrine of prior appropriation, as revealed in the PITU case, underscore the need for a nuanced approach to water allocation. Disparities in "wet water rights" among PITU bands highlight the urgent requirement for comprehensive State-led solutions that address environmental factors and the preservation of Paiute culture.
BYU ScholarsArchive Citation
Russell, Hailey
(2024)
"Parched Rights, Thirsty Lands: Improving Paiute Water Rights with a Proactive State Solution,"
Brigham Young University Prelaw Review: Vol. 38, Article 7.
Available at:
https://scholarsarchive.byu.edu/byuplr/vol38/iss1/7