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: 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. Task Force on Non-Indian Federal Water Rights
Publisher:
ISBN:
Category : Water rights
Languages : en
Pages : 176
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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: United States. Congress. Senate. Committee on Interior and Insular Affairs
Publisher:
ISBN:
Category : Water
Languages : en
Pages : 236
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Book Description
Author: United States. Congress. Senate. Interior and Insular Affairs
Publisher:
ISBN:
Category :
Languages : en
Pages : 274
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Book Description
Author: United States. Congress. Senate. Interior and Insular Affairs
Publisher:
ISBN:
Category :
Languages : en
Pages : 386
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Book Description
Author: United States. Congress. Senate. Committee on Interior and Insular Affairs. Subcommittee on Irrigation and Reclamation
Publisher:
ISBN:
Category : Federal-state controversies
Languages : en
Pages : 384
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Book Description
Considers (88) S. 1275.
Author: John Shurts
Publisher: University of Oklahoma Press
ISBN: 9780806135410
Category : History
Languages : en
Pages : 352
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Book Description
In its 1908 decision for Winters v. United States, the Supreme Court affirmed a lower-court ruling that the United States and the Gros Ventre and Assiniboine Indians had reserved rights to water in the Milk River through an 1888 treaty which created the Fort Belknap Indian Reservation in Montana. Since 1908 the Winters decision, or Indian reserved water rights doctrine, has played an important and controversial role in the West. Indian Reserved Water Rights is the first book-length historical study of the Winters case and the early use of the reserved water doctrine. In the book, John Shurts explains how the litigation and its outcome fit well within the existing legal context and into ongoing efforts at water development in the Milk River Valley. He also examines the life of the Winters Doctrine during its earliest years, primarily through a study of water-rights litigation on the Uintah Reservation in Utah.
