1月GMAT阅读机经：水权.

　　GMAT逻辑机经能够指引人们在阅读的道路上不再迷茫，这不1月GMAT阅读机经就来为你指明道路，澳际小编就在这寒冬中为大家吹来一股GMAT机经的暖风，为大家分享GMAT阅读机经，希望大家能感受到这股暖意，并把它化为能量，在GMAT考试的道路上勇往直前。

　　GWD-10-Q25-Q28 N-3-Q20-Q23 N-2-Q23-Q26 G-10-Q25-Q28

　　In Winters v. United States (1908), the Supreme Court held that the right to

　　use waters flowing through or adjacent to the 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 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 their lands would have

　　been useless. Later decisions, citing Winters, established that courts can find

　　federal rights to reserve water for particular purposes if (1) the land in question lies

　　within an enclave under exclusive federal jurisdiction, (2) the land has been formally

　　withdrawn from federal public lands — i.e., withdrawn from the stock of federal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 intended to reserve

　　water as well as land when establishing the reservation.

　　Some American Indian tribes have also established water rights 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 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 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　　treaty, statute, or executive order has ever designated or withdrawn the pueblos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 public lands as American Indian reservations. This fact, however, has not

　　barred application of the Winters doctrine. What constitutes an American Indian

　　reservation is a question of practice, not of legal dinition, and the pueblos have

　　always been treated as reservations by the United States. This pragmatic 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 affect

　　the application to it of the Winters doctrine. Therore, the reserved water rights of

　　Pueblo Indians have priority over other

　　citizens’ water rights as of 1848, the year in which pueblos must be considered to

　　have become reservations.

　　逻辑简图：

　　1P: (1908)in Winters, supreme court held that the right was reserved by treaty…

　　Later decisions find …1), 2), 3)….

　　2P: some Indian tribes also established water rights… For example, RGP…. However,

　　has not barred application of Winters. This pragmatic approach is buttressed by

　　AVC…. Therore, rights of P have priority over other citizen’s rights….

　　第一段：1908 年，在某个例案中，高级法院根据一项关于建立印第安人保留区的 treaty,

　　规定联邦政府必须保证保留区内印第安人的水权。之后，又作出了详细的规定，规定在以下

　　三种情况下联邦政府可行使该项权利：1、...2、...3、...

　　第二段：RG 这样一个印第安地区，虽然不符合以上 1、2 两种情况(情况 3 没有讨论)，但

　　事实上也遵循了 winter doctrine. 因为，尽管没有正式的文件，但 RG 一直都被联邦政府

　　视为保留区....最后，还有一个 1963 年的法律规定联邦政府设立保留区的方式并不影响到这

　　种保留区遵循 winter doctrine，因此，最终确定了 RG 的水权。

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　　GWD-10-Q25 N-3-Q20 G-10-Q25:

　　The author cites the fact that the Rio Grande pueblos were never formally

　　withdrawn from public lands primarily in order to do which of the following?

　　Suggest why it might have been argued that the Winters doctrine ought not to

　　apply to pueblo lands

　　Imply that the United States never really acquired sovereignty over pueblo lands

　　Argue that the pueblo lands ought still to be considered part of federal public lands

　　Support the argument that the water rights of citizens other than American Indians

　　are limited by the Winters doctrine

　　Suggest that federal courts cannot claim jurisdiction over cases disputing the

　　traditional diversion and use of water by Pueblo Indians

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　　GWD-10-Q26 N-3-Q21 G-10-Q26:

　　The passage suggests that, if the criteria discussed in lines 16 – 32 were the only

　　criteria for establishing a reservation’s water rights, which of the following would

　　be true?

　　The water rights of the inhabitants of the Fort Berthold Indian Reservation would

　　not take precedence over those of other citizens.

　　Reservations established bore 1848 would be judged to have no water rights.

　　There would be no legal basis for the water rights of the Rio Grande pueblos.

　　Reservations other than American Indian reservations could not be created with

　　reserved water rights.

　　Treaties establishing reservations would have to mention water rights explicitly in

　　order to reserve water for a particular purpose.

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　　GWD-10-Q27 N-3-Q22 G-10-Q27:

　　According to the passage, which of the following was true of the treaty establishing

　　the Fort Berthold Indian Reservation?

　　It was challenged in the Supreme Court a number of times.

　　It was rescinded by the federal government, an action that gave rise to the Winters

　　case.

　　It cited American Indians’ traditional use of the land’s resources.

　　It failed to mention water rights to be enjoyed by the reservation’s inhabitants.

　　It was modified by the Supreme Court in Arizona v. California.

　　------------------------------------------------------------------GWD-10-Q28

　　N-3-Q23 G-10-Q28:

　　The primary purpose of the passage is to

　　trace the development of laws establishing American Indian reservations

　　explain the legal bases for the water rights of American Indian tribes

　　question the legal criteria often used to determine the water rights of American

　　Indian tribes

　　discuss evidence establishing the earliest date at which the federal government

　　recognized the water rights of American Indians

　　point out a legal distinction between different types of American Indian

　　reservations

　　以上就是关于GMAT机经的全部内容，考生朋友可以有选择的看看，最后需要提醒各位的是，GMAT机经虽然会对我们解题有所帮助，但是在考场中即使题目很像也要避免秒选，最后祝大家都能考出好成绩。