深度解析GMAT阅读经典难题-【印第安水权】( 三 ) 学会框架和逻辑结构创建"

Some American Indian tribes have also established water rights through the courts based on their traditional diversion and use of certain waters prior to the United States" acquisition of sovereignty. For example， the Rio Grande pueblos already existed when the United States acquired sovereignty over New Mexico in 1848. Although they at that time became part of the United States， the pueblo lands never formally constituted a part of federal public lands； in any event， no treaty， statute， or executive order has ever designated or withdrawn the pueblos from public lands as American Indian reservations. This fact， however， has not barred application of the Winters doctrine. What constitutes an American Indian reservation is a question of practice， not of legal definition， and the pueblos have always been treated as reservations by the United States. This pragmatic approach is buttressed by Arizona v. California (1963)， wherein the Supreme Court indicated that the manner in which any type of federal reservation is created does not affect the application to it of the Winters doctrine. Therefore， the reserved water rights of Pueblo Indians have priority over other citizens" water rights as of 1848， the year in which pueblos must be considered to have become reservations.