Kwasniak, ArleneMarechal de Carteret, Kevin2015-07-072015-11-202015-07-072015http://hdl.handle.net/11023/2330Water allocation regimes in the Western United States and Alberta are compared to determine the applicability of the United States’ Indian reserved water rights doctrine, also known as the Winters doctrine, in the Treaty 7 area of Alberta. It is established that a significant difference in the division of powers between states and the federal government in the U.S., and provinces and the federal government in Canada, prevents application of the Winters doctrine in Canada. It is argued that the assumption of control over the Aboriginal interest in surface waters associated with Indian reserves through the North-west Irrigation Act, 1894 and the recognition and affirmation of Aboriginal and treaty rights in section 35 of the Constitution Act, 1982 give rise to an obligation on the part of the Crown in right of Alberta to furnish priority water allocations for use on reserves in Treaty 7.engUniversity of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission.LawAboriginalWaterRightsAllocationWintersCrownGovernmentFiduciaryObligationDutyAlbertaIndianReserveNRTAResourceResourcesTransferConstitutionmaster thesis10.11575/PRISM/25372