United States v. Powers
United States Supreme Court
305 U.S. 527 (1939)
An 1868 treaty created the Crow Indian Reservation and let individual Indians take farmland out of common ownership for personal cultivation; the General Allotment Act of 1877 similarly let Indians receive land allotments, initially held in federal trust but conveyable as fee-simple property after 25 years, and many plots were eventually sold to non-Indians. The United States sued on the Tribe's behalf in 1934 to stop individual landowners (defendants) who had succeeded to these allotments from continuing to take water from reservation water sources.
Whether, if reservation land is conveyed in fee simple to individual owners, the portion of tribal water rights necessary to cultivate the lands also passes to the owners.