| Winters v. United States | |
|---|---|
 | |
| Argued October 24, 1907 Decided January 6, 1908 | |
| Full case name | Henry Winters, John W. Acker, Chris Cruse, Agnes Downs, et al., Appts. v. United States |
| Citations | 207 U.S. 564 (more) 28 S. Ct. 207; 52 L. Ed. 340; 1908 U.S. LEXIS 1415 |
| Holding | |
| The decree enjoining the companies from utilizing river waters intended for a Reservation was affirmed. | |
| Court membership | |
| |
| Case opinions | |
| Majority | McKenna, joined by Fuller, Harlan, White, Peckham, Holmes, Day, Moody |
| Dissent | Brewer |
Winters v. United States, 207 U.S. 564 (1908), was a United States Supreme Court case clarifying water rights of American Indian reservations.[1] This doctrine was meant to clearly define the water rights of indigenous people in cases where the rights were not clear.[2] The case was first argued on October 24, 1907, and a decision was reached January 6, 1908.[3] This case set the standards for the United States government to acknowledge the vitality of indigenous water rights, and how rights to the water relate to the continuing survival and self-sufficiency of indigenous people.[4]
- ^ Duthu, N. (2008). "American Indians and the Law", p. 105.Penguin Group Inc., New York. ISBN 978-0-670-01857-4.
- ^ Waldman, C. (2009). "Atlas of the North American Indian", p. 241.Checkmark Books.ISBN 978-0-8160-6858-6.
- ^ Brewer, Justice. "Winters vs. United States". Retrieved on 2009-9-14
- ^ Thorson, John. (2006). "Tribal Water Rights", p. 35–36.University of Arizona Press.ISBN 978-0-8165-2482-2.