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Author: Lloyd Burton
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 200
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Book Description
Burton dissects the irreconcilable conflict of interest within the Interior Department (between the Bureau of Reclamation and the Bureau of Indian Affairs). He also examines the methods of managing disputes in contemporary cases and offers original policy recommendations that include establishing an Indian Water Rights Commission to help with the paradoxical task now facing the federal government--restoring to tribes the water resources it earlier helped give away.
Author: Lloyd Burton
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 200
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Book Description
Burton dissects the irreconcilable conflict of interest within the Interior Department (between the Bureau of Reclamation and the Bureau of Indian Affairs). He also examines the methods of managing disputes in contemporary cases and offers original policy recommendations that include establishing an Indian Water Rights Commission to help with the paradoxical task now facing the federal government--restoring to tribes the water resources it earlier helped give away.
Author: Robert N. Clinton
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 1466
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Book Description
Author: Kenichi Matsui
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773576584
Category : History
Languages : en
Pages : 264
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Book Description
The first in-depth, interdisciplinary study of Native water rights issues in Canada.
Author: Barbara Cosens
Publisher: UNM Press
ISBN: 0826351239
Category : Law
Languages : en
Pages : 499
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Book Description
On January 6, 1908, the Supreme Court ruled that when land is set aside for the use of Indian tribes, that reservation of land includes reserved water rights. The Winters Doctrine, as it has come to be known, is now a fundamental principle of both federal Indian law and water law and has expanded beyond Indian reservations to include all federal reservations of land. Ordinarily, there would not be much to say about a one hundred-year-old Supreme Court case. But while its central conclusion that a claim to water was reserved when the land was reserved for Indians represents a commitment to justice, the exact nature of that commitment-its legal basis, scope, implications for non-Indian water rights holders, the purposes for and quantities of water reserved, the geographic nexus between the land and the water reserved, and many other details of practical consequence-has been, and continues to be, litigated and negotiated. In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of these issues and legacies.
Author: N. Bruce Duthu
Publisher: Penguin
ISBN: 9780670018574
Category : History
Languages : en
Pages : 310
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Book Description
A history and political evaluation of the unique constitutional status of Native Americans profiles their sovereign government process and relationship with Congress, describing the complex legal disputes associated with the self-rule of Native tribes as reflected in landmark cases from the past two centuries. 20,000 first printing.
Author: John R. Burch Jr.
Publisher: Bloomsbury Publishing USA
ISBN: 1440838038
Category : Nature
Languages : en
Pages : 473
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Book Description
This sweeping study traces the development of water policy in the United States from the 19th century to the present day, exploring the role of legislation in appropriating access to water to the American people. Three factors influence the development of water policy and politics in the United States: the availability of water, the manner in which people use the commodity to its maximum economic benefit, and governmental control. This book is a one-stop resource for understanding the scope of water issues in America, from governing doctrine and legislation, to Native American water rights, to water protection and pollution, and to the mitigation of natural and manmade disasters. Distinguished author and noted scholar John R. Burch Jr. reviews the conflicts among state, federal, and international agencies in dealing with water supply and points to competing legal rulings and laws as undermining the creation of a cohesive policy for all. Through an analysis of key documents, Burch examines the recent calamities befalling the American water system—including droughts, oil spills, and natural disasters—and considers the future of water distribution to the American people. Organized into six parts, sections include doctrines and rights, waters of the West, border regions water management and flood control, environmental issues, and water supply and safety.
Author: Daniel McCool
Publisher: University of Arizona Press
ISBN: 9780816526154
Category : History
Languages : en
Pages : 260
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Book Description
Since the beginning of the reservation era, the bitter conflict between Indians and non-Indians over water rights was largely confined to the courtroom. But in the 1980s the federal government began to emphasize negotiated settlements over lawsuits, and the settlements are changing water rights in fundamental waysÑnot only for tribes but also for non-Indian communities that share scarce water resources with Indians. In Native Waters, Daniel McCool describes the dramatic impact these settlements are having both on Indian country and on the American West as a whole. Viewing the settlements as a second treaty era, he considers whether they will guarantee the water future of reservationsÑor, like treaties of old, will require tribes to surrender vast resources in order to retain a small part of their traditional homelands. As one tribal official observed, "It's like your neighbors have been stealing your horses for many years, and now we have to sit down and decide how many of those horses they get to keep." Unlike technical studies of water policy, McCool's book is a readable account that shows us real people attempting to end real disputes that have been going on for decades. He discusses specific water settlements using a combination of approachesÑfrom personal testimony to traditional social science methodologyÑto capture the richness, complexity, and human texture of the water rights conflict. By explaining the processes and outcomes in plain language and grounding his presentation in relevant explanations of Indian culture, he conveys the complexity of the settlements for readers from a wide range of disciplines. Native Waters illustrates how America is coming to grips with an issue that has long been characterized by injustice and conflict, seeking to enhance our understanding of the settlements in the hope that this understanding will lead to better settlements for all parties. As one of the first assessments of a policy that will have a pervasive impact for centuries to come, it shows that how we resolve Indian water claims tells us a great deal about who we are as a nation and how we confront difficult issues involving race, culture, and the environment.
Author:
Publisher: University of Oklahoma Press
ISBN: 9780806134383
Category : Biography & Autobiography
Languages : en
Pages : 262
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Book Description
Leckie clarifies why Debo became a scholarly pioneer and, later, an activist working on behalf of American Indians during a period of changing Indian policy.
Author: Dana Lloyd
Publisher: University Press of Kansas
ISBN: 0700635890
Category : Religion
Languages : en
Pages : 224
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Book Description
Responding to Vine Deloria, Jr.’s call for all people to “become involved” in the struggle to protect Indigenous sacred sites, Dana Lloyd’s Land Is Kin proposes a rethinking of sacred sites, and a rethinking of even land itself. Deloria suggested using the principle of religious freedom, but this principle has failed Indigenous peoples for decades. Lloyd argues that religious freedom fails Indigenous claimants because settler law creates a tension between two competing rights—one party’s religious freedom and another party’s property rights. In this contest, the right of property will always win. Through an analysis of the 1988 US Supreme Court case Lyng v. Northwest Indian Cemetery Protective Association, which she interprets as a case about sovereignty and the meaning of land, Lloyd proposes a multilayered understanding of land and the different roles it can simultaneously play. Rejecting the binary logic of sacred religion versus secular property, Lloyd uses the legal dispute over the High Country—an area of the Six Rivers National Forest in Northern California sacred to the Yurok, Karuk, and Tolowa Indigenous nations—to show that there are at least five different, but not equally valid, ways to understand land in the Lyng case: home, property, sacred site, wilderness, and kin. To protect the High Country, the Yurok filed a religious freedom lawsuit but then proceeded to describe the land as their home in court. They lobbied for protecting the High Country through a wilderness designation even as they continued to argue that they had been managing it for centuries. They have purchased large parcels of ancestral land and also declare the land their kin, a relationship that ostensibly excludes the possibility of ownership. Land Is Kin demonstrates the complexity of land in contemporary religious, political, and legal discourse. By drawing on Indigenous perspectives on the land as kin, Lloyd points toward a framework that shifts sovereignty away from binary oppositions—between property and sacred site, between the federal government and Native nations—toward seeing the land itself as sovereign.
Author:
Publisher:
ISBN:
Category : Water transfer
Languages : en
Pages : 0
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Book Description
