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[Reading Comprehension]
试题详情
文章：
| Line | In Winters v. United States (1908), the Supreme |
| Court held that the right to use waters flowing through | |
| or adjacent to the Fort Belknap Indian Reservation | |
| was reserved to American Indians by the treaty | |
| (5) | 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 | |
| reserving for them the waters without which their | |
| (10) | 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 | |
| (15) | withdrawn from federal public lands—i.e., withdrawn |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 | |
| (20) | 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 | |
| (25) | 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 | |
| (30) | 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| order has ever designated or withdrawn the pueblos | |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 | |
| (35) | reservation is a question of practice, not of legal |
| definition, 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 | |
| (40) | in which any type of federal reservation is created |
| does not affect the application to it of the Winters | |
| doctrine. Therefore, the reserved water rights of | |
| Pueblo Indians have priority over other citizens’ water | |
| rights as of 1848, the year in which pueblos must be | |
| (45) | considered to have become reservations. |
题目：
The “pragmatic approach” mentioned in lines 37–38 of the passage is best defined as one that
选项:
A、grants recognition to reservations that were never formally established but that have traditionally been treated as such
B、determines the water rights of all citizens in a particular region by examining the actual history of water usage in that region
C、gives federal courts the right to reserve water along with land even when it is clear that the government originally intended to reserve only the land
D、bases the decision to recognize the legal rights of a group on the practical effect such a recognition is likely to have on other citizens
E、dictates that courts ignore precedents set by such cases as Winters v. United States in deciding what water rights belong to reserved land
答案:
A
提问：
我错选了D。对比标答思路，我定位准确了this应该指代的是前一句话的内容，那我就定位到了 a question of practice not of legal definition. 但做题对应选项逻辑还是错了。1，现在看，D错了是否因为D说到了recognize legal rights 但这个跟原文not of legal defination 章刚好相反了。是吧？2，但对于选出来A的思路根本在哪还不太清晰 请老师解答 谢谢啦
解答：
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提问：
我错选了D。对比标答思路，我定位准确了this应该指代的是前一句话的内容，那我就定位到了 a question of practice not of legal definition. 但做题对应选项逻辑还是错了。1，现在看，D错了是否因为D说到了recognize legal rights 但这个跟原文not of legal defination 章刚好相反了。是吧？2，但对于选出来A的思路根本在哪还不太清晰 请老师解答 谢谢啦
解答：
点赞0
阅读420
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