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ararities
(Home Jfmfr (Put JVt
8, 1987
'CEtme:
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^Placer
OlalleQe Station
(Uammuitit^t (Renter
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(Easual
Page 4AThe Battalion/Wednesday, April 8, 1987
American Indians
file suit over water
on federal lands
By Melisa Hohlt
Reporter
More than 50 lawsuits involving
every major water source in the
Western United States have been
filed in federal courts from Arizona
to Montana, where American Indi
ans are demanding and fighting for
water that is rightfully theirs, says a
Texas A&M political science profes
sor.
All Western states apply the Prior
Appropriation Doctrine to water
right disputes, Dan McCool says.
The doctrine states that anyone who
uses the water has a right to do so,
but that right is relinquished if the
water is not used.
Established in 1908, the Winters
Doctrine states that when the federal
government sets aside land for an
Indian reservation, it also sets aside
the water on that land, he says.
“So, what that means is that the
Indians have access to the water
whether they use it or not,” McCool
says, “because it’s part of their reser
vation, just like the land.”
Creating a whole land for an In
dian tribe and assuming they didn’t
have access to water either bor
dering or running through the land
would be foolish, he says.
The Winters Doctrine refutes the
Prior Appropriation Doctrine, he
says, and since the two doctrines
were completely incompatible, the
Winters Doctrine was ignored until
the 1960s, when the Supreme Court
applied it to all federal reservations.
These federal reservations, which
include parks, wildlife refuges, na
tional forests and military reserva
tions, make up about one-third of
the land, mass of the United States,
McCool says. And about 60 percent
of the water in the West rises on
those federal lands.
When the government encour
aged western settlement through the
Bureau of Reclamation and other
land settlement policies, the settlers
were given land, McCool says. Also,
irrigation projects were built to en
courage the divertion of water and
the creation of irrigated farms, he
says.
Then the government actually
gave water away twice, McCool says.
“On one hand, it says that states
have the right to allocate water
according to Prior Appropriation,”
he says, “and on the other hand, it
created all these federal reserva
tions, which are useless without wa
ter.”
Although the Bureau of Reclama
tion has irrigated 11 million acres
for the Anglo-Americans and is
working on 9 million more, McCool
says, it is building the Navajo Indian
Irrigation Project to divert water to
the largest reservation in the coun
try.
The project is being funded by
the Bureau of Indian Affairs, but
the Bureau of Reclamation is actu
ally doing the work, McCool says.
However, the Bureau of Reclama
tion wants the Indians to use less wa
ter so it can apply the water some
where else, he says.
Unfortunately, he says, most of
the irrigation projects started by the
BIA have never been completed,
and some are 80 to 90 years old.
“The Indians have access
to the water whether they
use it or not, because it's
part of their reservation,
just like the land. ”
— Dan McCool, political
science professor
Some of the others are in such bad
shape they’re not worth repairing,
he says, because irrigation costs
money and the BIA doesn’t have
much money.
Pyramid Lake, in Nevada, is on
the Paiute Indian reservation and
belongs to the Paiute Indians, Mc
Cool says, but water from the lake is
used to irrigate nearby parts of Ne
vada and the only supply to the lake
is the Truckee River, which runs
from the Sierra Nevada Mountains.
Around the turn of the century,
McCool says, the Bureau of Recla
mation began diverting water from
the Truckee to create irrigation for
the Anglo-Americans. This has led
to a decrease in the water level on
Pyramid Lake, which will inevitably
ruin the lake and the reservation, he
says.
In 1983, the Supreme Court
upheld a 1940s ruling that approved
the divertion of water from Pyramid
Lake, he says. The Indians currently
are back in court, suing on different
grounds, and McCool says he
wouldn’t be surprised if they went all
the way to the Supreme Court.
Most of the Navajo reservation
lies in Arizona, but it also is in parts
of Utah, Colorado and New Mexico, |
McCool says. Since the Colorado 1
River runs through the reservation,
he says, the Navajo are threatening"
to claim up to half of its flow — the
half that is the major water source
for Los Angeles, Las Vegas and seve
ral other western cities.
“If they claim that, we’re either
going to have to pay them for it (wa
ter), or they’re going to divert it and
start using it for irrigation,” McCool
says. “And if that happens, these cit
ies are not going to have sufficient
water.”
Weather officials say
Texans can anticipate
active tornado season
(AP) — David Shumaker never
saw the tornado that lifted his trailer
home into the air last April and
ripped it to pieces, hurling him and
other family members onto a nearby
house.
Shumaker, who was asleep in the
trailer, was awakened by Albert
West, a brother-in-law, who heard
the twister’s roar as it tore through
the West Texas town of Sweetwater.
Then, Shumaker heard the storm,
too.
“It was a roar — a loud one —
maybe like if a jet was flying 50 feet
over your house, one of those big,
old jets,” said Shumaker, who
landed on the roof of his next-door
neighbor’s house.
After the twister struck, he didn’t
remember much. He was knocked
unconscious by a window pane and
cut in the head and back.
West is now a quadriplegic.
The April 19 storm, near the be
ginning of the traditional Texas tor
nado season, killed an 87-year-old
man, injured about 100 people and
caused $20 million in damage.
Killer tornadoes like the one in
Nolan County strike with little or no
warning, and authorities say there’s
little residents can do but be pre
pared.
The National Weather Service
said 132 twisters raced through
Texas last year, above the state’s av
erage of 115. For the past 30 years,
during which extensive records have
been kept, Texas has led the nation
annually in the number of twisters.
So far this year, 12 tornadoes have
dipped from Texas skies: one in Jan
uary, four in February and seven in
March. A woman was killed in one of
the March twisters, which struck An
derson County, south of Palestine.
Ed Ferguson, deputy director of
the National Severe Storms Forecast
Center in Kansas City, said, “A slow
start does not mean that we will have
a quiet year.
“We should not interpret that to
mean the tornado problems are over
in Texas. We will be faced with
strong storms the next three to four
months; there will be a potential for
strong weather systems to move
through Texas.
“I don’t see anything that would
point to a less-than-normal season.”
Buddy McIntyre, a meteorologist
in the NWS forecast office in Fort
Worth, said nationwide, nine torna
does struck in January, 23 in Feb
ruary and at least 31 in March. At
least eight people died in those twis
ters.
Ferguson said the twister death
toll in Texas last year was three, in
cluding the Sweetwater tornado.
Two other people died when a tor
nado struck Tomball on Feb. 5,
1986.
“On the long-term average, 12
people’s lives are claimed by torna
does in the state each year,” he said.
Ferguson said 120 Texans were
injured by twisters last year. The av
erage for the state is 182.
Nationwide, 762 confirmed twis
ters were reported last year, not far
off the average of 774.
McIntyre said the weather pat
terns across Texas in the beginning
of this year have provided the ingre
dients for tornado development.
“The upper-level patterns deter
mine how much severe weather we
will have,” he said. “We have been in
a situation in the last several months
that normally only develops to pro
duce severe weather in the spring
time. Even throughout the winter,
we had that situation.”
Tornado season normally spans
the months of April to June, al
though Ferguson stresses that twis
ters can strike at any time.
The Sweetwater twister, which
struck at 7:30 a.m., packed winds es
timated at 158-206 mph — strong
enough to pick up a 3,000-pound
automobile, Ferguson said.
Sweetwater Mayor Rick Rhodes
said, “That is still the staggering
thing to me — how twisters can do so
much damage so quickly. It’s amaz
ing and fortunate more people were
not killed.”
NEED
MONEY???
Sell your BOOKS
at
University Book Stores
Northgate & Culpepper Plaza
You are invited to a
Gospel Meeting
at the
Twin City Church of Christ
April 5-19, 1987
Lessons will be presented by
jerry Fite
7:30 p.m.-Mon. thru fri. 810 Southwest PjrVway
10:30 a.m. & 6 p.m. Sunday College Station, Texas
SHORT
ON
CASH???
Sell your books
at -
University Book Stores
Northgate <St Culpepper Plaza
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693-7878
1406 Texas Ave. S.
College Station, Tx.
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2501 S. Texas Ave.
College Station
(next to Winn Dixie)
693-0709
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