United States v. Adair
United States Court of Appeals for the Ninth Circuit
723 F.2d 1394 (9th Cir. 1983)
The Klamath Indians had relied on the Klamath Marsh and Williamson River for over a thousand years before signing an 1864 treaty establishing a reservation encompassing that watershed, and after much of that land was later sold and eventually acquired by the United States for wildlife sanctuaries and national forests, the government sued to establish that the tribe's water rights extended to hunting and fishing, not merely the agricultural purposes the individual landowner defendants argued the treaty intended.
Whether a treaty can create an implied reservation of water rights, with a priority date of immemorial use, to support a moderate exercise of hunting and fishing rights.