Volume 32 Issue 1 Historical Analysis and Water Resources Development Winter 1992 The Milk River: Deffered Water Policy Transitions in an International Waterway Mary Ellen Wolfe Recommended Citation Mary E. Wolfe, The Milk River: Deffered Water Policy Transitions in an International Waterway, 32 Nat. Resources J. 55 (1992). Available at: https://digitalrepository.unm.edu/nrj/vol32/iss1/4 This Article is brought to you for free and open access by the Law Journals at UNM Digital Repository. It has been accepted for inclusion in Natural Resources Journal by an authorized editor of UNM Digital Repository. For more information, please contact
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[email protected]. MARY ELLEN WOLFE* The Milk River: Deferred Water Policy Transitions in an International Waterway ABSTRACT An examination of the manner in which the United States and Canada settled their respective portions of the Milk River basin reveals the historicalsimilarities and differences that characterized the development of the region on both sides of the 49th parallel. Encouraged by government policies and by two railroads,settlers came into this isolated prairieregion and water disputes soon erupted. These disputes provoked two far-reachingdecisions: the United States Supreme Court's Winters decision in 1908, which granted reserved water rights to the Fort Belknap tribe; and the Boundary Waters Treaty of 1909, which apportioned the waters of the Milk between Canada and the United States. Since that time, water development in the American portion of the basin has proceeded largely without reference to undeveloped tribal reserved water rights and Alberta's undeveloped share of the river.