天山9~Q22 23

[CUGGYER]

Q20 to Q23:
In Winters v. United States
(1908), the Supreme Court held
that the right to use waters flow-
Line ing through or adjacent to the
(5) Fort Berthold Indian Reservation
was reserved to American Indians
by the treaty establishing the reservation.
Although this treaty did
not mention water rights, the Court
(10) ruled that the federal government,
when it created the reservation,
intended to deal fairly with
American Indians by preserving
for them the waters without which
(15) their lands would have been useless.
Later decisions, citing
Winters, established that courts
can find federal rights to reserve
water for particular purposes if
(20) (1) the land in question lies within
an enclave under exclusive federal
jurisdiction, (2) the land has been
formally withdrawn from federal
33
public lands — i.e., withdrawn from
(25) the stock of federal lands available
for private use under federal
land use laws — and set aside or
reserved, and (3) the circumstances
reveal the government
(30) intended to reserve water as well
as land when establishing the
reservation.
Some American Indian tribes
have also established water rights
(35) 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
(40) 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
(45) 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or withdrawn the pueblos from
(50) public lands as American Indian
reservations. This fact, however,
has not barred application
of the Winters doctrine. What
constitutes an American Indian
(55) 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
(60) 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
(65) 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,
34
(70) the year in which pueblos must
be considered to have become
reservations.

Q22:
According to the passage, which of the following was true of the treaty establishing the
Fort Berthold Indian Reservation?
A. It was challenged in the Supreme Court a number of times.
B. It was rescinded by the federal government, an action that gave rise to the Winters
case.
C. It cited American Indians’ traditional use of the land’s resources.
D. It failed to mention water rights to be enjoyed by the reservation’s inhabitants.
E. It was modified by the Supreme Court in Arizona v. California.

--------------------------------
Q23:

The primary purpose of the passage is to
A. trace the development of laws establishing American Indian reservations
B. explain the legal bases for the water rights of American Indian tribes
C. question the legal criteria often used to determine the water rights of American
Indian tribes
D. discuss evidence establishing the earliest date at which the federal government
recognized the water rights of American Indians
E. point out a legal distinction between different types of American Indian
reservations
Answer:

22題答案是D 我竟然選了E
23題答案是B 我選了A

這篇內容完全把我打垮了>< 認真再看一次後 才大致了解文章大意

[wenlovying]

以下給站友們找答案節省時間喔~

Q22:
According to the passage, which of the following was true of the treaty establishing the
Fort Berthold Indian Reservation?
A. It was challenged in the Supreme Court a number of times.
B. It was rescinded by the federal government, an action that gave rise to the Winters
case.
C. It cited American Indians’ traditional use of the land’s resources.
D. It failed to mention water rights to be enjoyed by the reservation’s inhabitants.
E. It was modified by the Supreme Court in Arizona v. California.

a 題目沒講好幾次
b.文章中交不是很清楚~有可能 但文中沒有明確提到federal count recinded the treaty
c traditional use 是第二段的開頭才提~適用於the Rio Grande
pueblos 才對
d bingo line8
e.line60 buttresed 不是 modified喔

Q23:

The primary purpose of the passage is to
A. trace the development of laws establishing American Indian reservations
B. explain the legal bases for the water rights of American Indian tribes
C. question the legal criteria often used to determine the water rights of American
Indian tribes
D. discuss evidence establishing the earliest date at which the federal government
recognized the water rights of American Indians
E. point out a legal distinction between different types of American Indian
reservations

a.重點是 水權歸屬 not indiana reservations ( line3 and line34)
b bingo (line3 and line34)
c 沒有question 解釋為重
d the earliest date 不是primary purpose
e 重點是 水權歸屬 not indiana reservations ( line3 and line34)