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Author: Elizabeth Jane Macpherson
Publisher: Cambridge University Press
ISBN: 1108473067
Category : History
Languages : en
Pages : 313
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Book Description
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Author: Elizabeth Jane Macpherson
Publisher: Cambridge University Press
ISBN: 1108473067
Category : History
Languages : en
Pages : 313
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Book Description
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
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: 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.
Author: Texas
Publisher:
ISBN:
Category : Water
Languages : en
Pages : 556
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Book Description
Author: Amanda M. Klasing
Publisher:
ISBN: 9781623133634
Category : Drinking water
Languages : en
Pages : 90
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Book Description
"The report, 'Make It Safe: Canada's Obligation to End the First Nations Water Crisis,' documents the impacts of serious and prolonged drinking water and sanitation problems for thousands of indigenous people--known as "First Nations"--living on reserves. It assesses why there are problems with safe water and sanitation on reserves, including a lack of binding water quality regulations, erratic and insufficient funding, faulty or sub-standard infrastructure, and degraded source waters. The federal government's own audits over two decades show a pattern of overpromising and underperforming on water and sanitation for reserves"--Publisher's description.
Author: Erin O'Donnell
Publisher: Routledge
ISBN: 0429889607
Category : Law
Languages : en
Pages : 202
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Book Description
In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.
Author: Virginia Marshall
Publisher:
ISBN: 9781922059093
Category : Aboriginal Australians
Languages : en
Pages : 0
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Book Description
Aboriginal peoples in Australia have the oldest living cultures in the world. From 1788 the British colonisation of Australia marginalised Aboriginal communities from land and water resources and their traditional rights and interests. More recently, the national water reforms further disenfranchised Aboriginal communities from their property rights in water, continuing to embed severe disadvantage. Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia. In this award-winning work, Dr Marshall argues that Aboriginal water rights require legal recognition as property rights, and that water access and water infrastructure are integral to successful economic enterprise in Aboriginal communities. Aboriginal peoples social, cultural and economic certainty rests on their right to control and manage customary water. Drawing on the United Nations Declaration on the Rights of Indigenous Peoples, Marshall argues that the reservation of Aboriginal water rights needs to be prioritised above the water rights and interests of other groups. It is only then that we can sweep away the injustice of aqua nullius and provide the first Australians with full recognition and status of their water rights and interests.
Author: National Research Council (U.S.). Committee on Water Resources Management, Instream Flows, and Salmon Survival in the Columbia River Basin
Publisher: National Academy Press
ISBN:
Category : Business & Economics
Languages : en
Pages : 274
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Book Description
Book News, Inc., Portland, OR (booknews.com).
Author:
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 432
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Book Description
Author: Rutgerd Anne Boelens
Publisher:
ISBN: 9789085851431
Category : Indigenous peoples
Languages : en
Pages : 287
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Book Description
