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Milk River Case Summary

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Facts: Indian tribes lived on a large tract of land with Milk River running through it. On May 1st, 1888 a contract was signed between the Native Americans and the US where the tribes agreed to give some of their land in exchange to be situated in the Fort Belknap Indian reservation. In 1889, the US built various housing and started to divert water for their usage, it was an estimate of 1,000 miners’ inches of water. In 1889, Montana became a state which helped to legally entitle tract of land for private business to settle such as the Empire Cattle Company, Matheson Ditch Company and also Cook’s irrigation company under the Homestead Act. On July 5th 1898, the Native Americans started to divert 10,000 miners inches of water for purposes of …show more content…
Short Answer: Yes, there is an implied reservation of water rights because it is necessary to carry out the purpose of the agreement.
2) When the land changed from territory to statehood do the Native Americans still have the rights to the Milk River?
Short Answer: Yes, when it became Montana state it did not change Native Americans entitlement to the water in the Milk River. Reasoning: The signing of 1888 agreement implied the reserved right of Native Americans to the waters of the Milk River. The Native Americans had the right to divert water from the Milk River to the Fort Belknap reservation because the agreement promoted civilization of Native Americans. Living on this arid land the Native Americans need to divert water in order to use it for irrigation and agriculture and ultimately to be self-sufficient. And without water this would not be possible. Also, the purpose of the government by opening up these lands and situating Native Americans on Fort Belknap would serve no purpose because not only do these settlers need water but also the Native Americans as well for the land to be of

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