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Tribal Water Rights and the Law Lesson Plan
Overview
In this lesson, students will write a persuasive essay
regarding Native Americans and reserved water rights. They will use the
video segments and text provided, and other materials as needed to make
their argument.
Grade Level 11-12 grades
Subject matter American Government
Time allotment 3 class periods
Objectives
- Students will be able to list arguments in favor
of and against the topic.
- Students will be able to give reasons for supporting
the arguments.
- Students will be able to define "prior appropriation"
and "beneficial use."
- Students will be able to write a paper stating
their opinion on the topic and give reasons for that opinion.
Previewing Activity
Write the terms "prior appropriation" and "beneficial
use" on the board. Ask students if they know what these terms mean. Discuss
their answers and define beneficial use and prior appropriation in regards
to water rights.
Definitions
Water Rights Law - Prior
Appropriation also called first in time, first in right because the priority
date determines who gets water when there is not enough to go around.
A priority date is the date the water right was established.
Beneficial uses include
such uses as irrigation, domestic use, stock watering, manufacturing,
mining, hydropower, municipal use, aquaculture recreation, fish and wildlife,
among others. The amount of the water right is the amount put to beneficial
use. (Idaho Department of Water Resources http://www.idwr.state.id.us
)
View the video
segment about tribal water rights. (Also available
on DVD)
Focus for Media Interaction:
To give students a focus for media interaction, hand out the record
sheet and have students answer questions during video segment.
- What is the video about?
- How many claims have the Nez Perce filed?
- Who would these claims have the potential of affecting?
- Where
- Why?
- What is the state's position in this matter?
- How long has this conflict been taking place?
Post Viewing Activity
After viewing the video segment, discuss
student's answers to the above questions. Pass out copies of the Reserved
Water Rights, Winans Summary, Winters summary, Big Horn Summary, Nevada
Summary, and Judge Hurlbutt's explanation of Prior Appropriation.
Provide an overview of each of the documents for the
students. Explain to students, that there are many emotions and controversy
surrounding this issue. As they read the articles they should think about
how they feel regarding the issue.
Highlight the following questions from the Reserved
Water Rights Summary page:
1) Do tribes retain water rights on their lands because
they've lived on them since "time immemorial"? If so, their reserved rights
would be considered "aboriginal rights," and under prior appropriation
law would take precedence over the rights of any other user.
2) Or, do the tribes have reserved water rights only
because their present lands are reservation lands, granted to them by
the federal government? If this is the case, then their rights are limited
by the terms of their treaties, as ratified by Congress, and any other
congressional laws governing Indian rights and activities.
Culminating Activity:
Discuss and list reasoning for each argument on the board. After discussing
issue students should select one of the arguments above and write a persuasive
essay indicating what the consequences might be if this is determined
the outcome of the case.
Students should present the final copy of their position
to the class and be prepared to defend their positions.
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