The issue of Indian water rights has received very thorough and scholarly attention over the past two decades, and it would be presumptuous to think that one could, at this late date, provide some heretofore undiscovered legal insight into the issue. A more realistic and beneficial goal would be to achieve a better understanding of the relative positions of the major stakeholders in this controversy. It is with that objective in mind that the state perspective is presented.

I. Western Water Law

II. The Winters Doctrine—Its Origin

III. The Aboriginal Right Theory

IV. The Scope of Indian Water Rights

V. Other Unanswered Questions

VI. Source of Supply

VII. The Necessity for State Adjudication of Indian Water Rights