The Future of Indian and Federal Reserved Water Rights PDF Download
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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: Barbara Cosens
Publisher: UNM Press
ISBN: 0826351239
Category : Law
Languages : en
Pages : 499
Get Book Here
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: Barbara Cosens
Publisher: University of New Mexico Press
ISBN: 0826351220
Category : Indians of North America
Languages : en
Pages : 386
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Book Description
In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of the Winters Doctrine.
Author: Bonnie G. Colby
Publisher: University of Arizona Press
ISBN: 9780816524556
Category : Social Science
Languages : en
Pages : 220
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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 rightsÑrights 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 allÑtribal councils, legislators, water professionals, attorneysÑwho 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.
Author:
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 436
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Book Description
Author: United States. General Accounting Office
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 126
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Book Description
Author: United States. National Water Commission
Publisher:
ISBN:
Category : Water resources development
Languages : en
Pages : 624
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Book Description
Author:
Publisher:
ISBN:
Category : Government attorneys
Languages : en
Pages : 64
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Book Description
Author:
Publisher:
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Category : Agricultural innovations
Languages : en
Pages : 424
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 236
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Book Description
Author: Wells A. Hutchins
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584774142
Category : Water rights
Languages : en
Pages : 2290
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Book Description
Hutchins, Wells A., Harold H. Ellis and J. Peter DeBraal. Water Rights Laws in the Nineteen Western States. [Washington, D.C.]: United States Department of Agriculture. [1971]. Three volumes. Reprint available July 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-414-2. Cloth. $350. * Rights to the use of water from surface and underground sources are often crucial in the seventeen contiguous Western states, Alaska and Hawaii. This work offers a comparative analysis of the development and status of the constitutional provisions, statutes, reported court decisions and administrative regulations, practices and policies regarding water rights laws in these states. The analysis considers the nature of these water rights and their acquisition, control, transfer, protection and loss. Federal, interstate and international matters are also discussed.
