American Indian Water Rights and the Limits of Law

American Indian Water Rights and the Limits of Law PDF 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.

American Indian Water Rights and the Limits of Law

American Indian Water Rights and the Limits of Law PDF 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.

Tribal Water Rights

Tribal Water Rights PDF Author: John E. Thorson
Publisher: University of Arizona Press
ISBN: 0816534179
Category : Law
Languages : en
Pages : 304

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Book Description
The settlement of Indian water rights cases remains one of the thorniest legal issues in this country, particularly in the West. In a previous book, Negotiating Tribal Water Rights, Colby, Thorson, and Britton presented a general overview of the processes involved in settling such cases; this volume provides more in-depth treatment of the many complex issues that arise in negotiating and implementing Indian water rights settlements. Tribal Water Rights brings together practicing attorneys and leading scholars in the fields of law, economics, public policy, and conflict resolution to examine issues that continue to confront the settlement of tribal claims. With coverage ranging from the differences between surface water and groundwater disputes to the distinctive nature of Pueblo claims, and from allotment-related problems to the effects of the Endangered Species Act on water conflicts, the book presents the legal aspects of tribal water rights and negotiations along with historical perspectives on their evolution.

The Future of Indian and Federal Reserved Water Rights

The Future of Indian and Federal Reserved Water Rights PDF 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.

Water, Land, and Law in the West

Water, Land, and Law in the West PDF Author: Donald J. Pisani
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 296

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Book Description
The series presents an interdisciplinary approach to the use and misuse of resources in the American West. This volume comprises essays written between 1982 and 1994, and previously published in journals such as Western Historical Quarterly, J. of American History, and Environmental History Review). Pisani, one of the nation's leading environmental and Western historians, highlights the central role played by land, water, and timber allocation in the American West, and shows how efforts to achieve justice and efficiency were compromised by the region's obsession with achieving rapid economic growth. Annotation copyright by Book News, Inc., Portland, OR

Indian Water Rights

Indian Water Rights PDF Author: United States. Bureau of Indian Affairs
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 12

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Book Description


Indian Water Rights

Indian Water Rights PDF Author: Jon C. Hare
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 88

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Book Description


Indian Water Rights

Indian Water Rights PDF Author: Richard L. Foreman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 256

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Book Description


Negotiating Tribal Water Rights

Negotiating Tribal Water Rights PDF Author: Bonnie G. Colby
Publisher: University of Arizona Press
ISBN: 081653649X
Category : Political Science
Languages : en
Pages : 216

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Book Description
Water conflicts plague every river in the West, with the thorniest dilemmas found in the many basins with Indian reservations and reserved water rights—rights usually senior to all others in over-appropriated rivers. Negotiations and litigation over tribal water rights shape the future of both Indian and non-Indian communities throughout the region, and intense competition for limited water supplies has increased pressure to address tribal water claims. Much has been written about Indian water rights; for the many tribal and non-Indian stakeholders who rely upon western water, this book now offers practical guidance on how to negotiate them. By providing a comprehensive synthesis of western water issues, tribal water disputes, and alternative approaches to dispute resolution, it offers a valuable sourcebook for all—tribal councils, legislators, water professionals, attorneys—who need a basic understanding of the complexities of the situation. The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases. As stakeholders continue to battle over rights to water, this book clearly addresses the place of Native rights in the conflict. Negotiating Tribal Water Rights offers an unsurpassed introduction to the ongoing challenges these claims present to western water management while demonstrating the innovative approaches that states, tribes, and the federal government have taken to fulfill them while mitigating harm to both non-Indians and the environment.

Water Rights Laws in the Nineteen Western States

Water Rights Laws in the Nineteen Western States PDF Author: Wells Aleck Hutchins
Publisher:
ISBN:
Category : Water rights
Languages : en
Pages : 692

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Book Description


Native American Natural Resources Law

Native American Natural Resources Law PDF Author: Judith V. Royster
Publisher:
ISBN:
Category : Environmental law
Languages : en
Pages : 656

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Book Description
To access this book's 2010 Update, click here. In addition, to bring the book up-to-date for 2011-12 before the new edition is released, click here. This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The second edition updates the casebook to include Supreme Court cases, such as the 2003 trust cases and the 2005 Sherrill case, as well as other judicial and legislative developments since 2002. The new edition also expands the materials on cultural and religious resources, natural resources damages, and international law; reorganizes the materials on water law; and includes the recent decision recognizing a right of habitat protection in treaties recognizing off-reservation fishing.