Negotiating Tribal Water Rights

Negotiating Tribal Water Rights PDF 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.

Negotiating Tribal Water Rights

Negotiating Tribal Water Rights PDF Author: Bonnie G. Colby
Publisher: University of Arizona Press
ISBN: 9780816524556
Category : Social Science
Languages : en
Pages : 220

Get Book Here

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.

Layperson's Guide to Water Rights Law

Layperson's Guide to Water Rights Law PDF Author: Tom Hicks
Publisher:
ISBN: 9781619480094
Category : Water
Languages : en
Pages : 28

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Book Description
The 28-page Layperson's Guide to Water Rights Law, recognized as the most thorough explanation of California water rights law available to non-lawyers, traces the authority for water flowing in a stream or reservoir, from a faucet or into an irrigation ditch through the complex web of California water rights. It includes historical information on the development of water rights law, sections on surface water rights and groundwater rights, a description of the different agencies involve in water rights, and a section on the issues not only shaped by water rights decisions but that are also driving changes in water rights. Includes chronology of landmark cases and legislation and an extensive glossary.

Water Rights in the United States

Water Rights in the United States PDF Author: Charles R. Porter
Publisher: Rowman & Littlefield
ISBN: 1641434147
Category : Political Science
Languages : en
Pages : 223

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Book Description
As water becomes ever more important in a rapidly growing United States challenged by lessening firm-yield water reliability, the public needs to understand the myriads of quite different state-by-state water policies. States share surface water and groundwater sources that relate to each other conjunctively. Texans for example, should understand New Mexico water ownership and state policies because they share surface water and groundwater sources. Californians should understand Nevada’s water policies for the same reasons. Above all else, the people of the United States must realize that a water policy in one state can drastically impact water availability in neighboring states. Although the federal government has supra-legal authority over some state water policies and acts as the ultimate arbiter of interstate disputes, no one current book exists that explains the complicated relationships between state water policies with an analysis of federal water policies. Water Rights in the United States : A Guide through the Maze is a one-stop resource providing a state-by-state analysis of water ownership, regulatory agencies, and water polices. It explains the complicated relationships between state water policies and provides an analysis of federal water polices. How we manage these policies is of utmost importance to all Americans.

The Colorado Doctrine

The Colorado Doctrine PDF Author: David Schorr
Publisher: Yale University Press
ISBN: 0300189044
Category : Law
Languages : en
Pages : 287

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Book Description
DIV Making extensive use of archival and other primary sources, David Schorr demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical attack on monopoly and corporate power in the arid West. Schorr describes how Colorado miners, irrigators, lawmakers, and judges forged a system of private property in water based on a desire to spread property and its benefits as widely as possible among independent citizens. He demonstrates that ownership was not dictated by concerns for economic efficiency, but by a regard for social justice. /div

Indigenous Water Rights in Law and Regulation

Indigenous Water Rights in Law and Regulation PDF 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.

Out of the Mainstream

Out of the Mainstream PDF Author: Rutgerd Boelens
Publisher: Earthscan
ISBN: 184977479X
Category : Business & Economics
Languages : en
Pages : 385

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Book Description
"Water is not only a source of life and culture. It is also a source of power, conflicting interests and identity battles. Rights to materially access, culturally organize and politically control water resources are poorly understood by mainstream scientific approaches and hardly addressed by current normative frameworks. These issues become even more challenging when law and policy-makers and dominant power groups try to grasp, contain and handle them in multicultural societies. The struggles over the uses, meanings and appropriation of water are especially well-illustrated in Andean communities and local water systems of Peru, Chile, Ecuador, and Bolivia, as well as in Native American communities in south-western USA. The problem is that throughout history, these nation-states have attempted to 'civilize' and bring into the mainstream the different cultures and peoples within their borders instead of understanding 'context' and harnessing the strengths and potentials of diversity. This book examines the multi-scale struggles for cultural justice and socio-economic re-distribution that arise as Latin American communities and user federations seek access to water resources and decision-making power regarding their control and management. It is set in the dynamic context of unequal, globalizing power relations, politics of scale and identity, environmental encroachment and the increasing presence of extractive industries that are creating additional pressures on local livelihoods. While much of the focus of the book is on the Andean Region, a number of comparative chapters are also included. These address issues such as water rights and defence strategies in neighbouring countries and those of Native American people in the southern USA, as well as state reform and multi-culturalism across Latin and Native America and the use of international standards in struggles for indigenous water rights. This book shows that, against all odds, people are actively contesting neoliberal globalization and water power plays. In doing so, they construct new, hybrid water rights systems, livelihoods, cultures and hydro-political networks, and dynamically challenge the mainstream powers and politics."--Publisher's description.

Legal Rights for Rivers

Legal Rights for Rivers PDF Author: Erin O'Donnell
Publisher: Routledge
ISBN: 0429889607
Category : Law
Languages : en
Pages : 210

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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.

The Law of Waters and Water Rights

The Law of Waters and Water Rights PDF Author: Henry Philip Farnham
Publisher:
ISBN:
Category : Drainage laws
Languages : en
Pages : 1094

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Book Description


Geology and Ground-water Chemistry, Curlew Valley, Northwestern Utah and South-Central Idaho, Implications for Hydrogeology

Geology and Ground-water Chemistry, Curlew Valley, Northwestern Utah and South-Central Idaho, Implications for Hydrogeology PDF Author: Hugh A. Hurlow
Publisher: Utah Geological Survey
ISBN: 1557917973
Category : Groundwater
Languages : en
Pages : 191

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Book Description
This report (185 pages and 2 plates) presents new and compiled geologic, geophysical, hydrologic, and hydrochemical data to delineate the regional ground-water flow system in Curlew Valley. Decreased precipitation combined with increased agricultural pumping in the central part of Curlew Valley since the late 1960s caused a steady decline in discharge at the Locomotive Springs complex. The report includes a compiled geologic map of the Curlew Valley surface-drainage basin at 1:100,000 scale and new geologic and hydrochemical data.

Water Law

Water Law PDF Author: Robin Kundis Craig
Publisher:
ISBN: 9781634603133
Category : Water
Languages : en
Pages : 0

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Book Description
Softbound - New, softbound print book.