Download or read book The Future of Indian and Federal Reserved Water Rights written by Barbara Cosens and published by UNM Press. This book was released on 2012-06-16 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Reserved Water Rights for Federal and Indian Reservations written by United States. General Accounting Office and published by . This book was released on 1978 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Negotiating Tribal Water Rights written by Bonnie G. Colby and published by University of Arizona Press. This book was released on 2016-12-01 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book American Indian Water Rights and the Limits of Law written by Lloyd Burton and published by . This book was released on 1991 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Indian Water Rights written by United States. Bureau of Indian Affairs and published by . This book was released on 1978 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indian Water Rights written by Jon C. Hare and published by . This book was released on 1996 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Native Waters written by Daniel McCool and published by University of Arizona Press. This book was released on 2006-10-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the beginning of the reservation era, the bitter conflict between Indians and non-Indians over water rights was largely confined to the courtroom. But in the 1980s the federal government began to emphasize negotiated settlements over lawsuits, and the settlements are changing water rights in fundamental waysÑnot only for tribes but also for non-Indian communities that share scarce water resources with Indians. In Native Waters, Daniel McCool describes the dramatic impact these settlements are having both on Indian country and on the American West as a whole. Viewing the settlements as a second treaty era, he considers whether they will guarantee the water future of reservationsÑor, like treaties of old, will require tribes to surrender vast resources in order to retain a small part of their traditional homelands. As one tribal official observed, "It's like your neighbors have been stealing your horses for many years, and now we have to sit down and decide how many of those horses they get to keep." Unlike technical studies of water policy, McCool's book is a readable account that shows us real people attempting to end real disputes that have been going on for decades. He discusses specific water settlements using a combination of approachesÑfrom personal testimony to traditional social science methodologyÑto capture the richness, complexity, and human texture of the water rights conflict. By explaining the processes and outcomes in plain language and grounding his presentation in relevant explanations of Indian culture, he conveys the complexity of the settlements for readers from a wide range of disciplines. Native Waters illustrates how America is coming to grips with an issue that has long been characterized by injustice and conflict, seeking to enhance our understanding of the settlements in the hope that this understanding will lead to better settlements for all parties. As one of the first assessments of a policy that will have a pervasive impact for centuries to come, it shows that how we resolve Indian water claims tells us a great deal about who we are as a nation and how we confront difficult issues involving race, culture, and the environment.
Download or read book Indian Water Rights written by Richard L. Foreman and published by . This book was released on 1981 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tribal Water Rights written by John E. Thorson and published by University of Arizona Press. This book was released on 2016-08-08 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Indian Water in the New West written by Thomas R. McGuire and published by . This book was released on 1993 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the rights of Indian reservations to water were specified by the Supreme Court as early as 1908, the settlement of Native American claims has become a crucial matter in recent years as economic and demographic growth in the West places extreme demands on this limited resource. This collection of essays on Indian water rights seeks to assess these ongoing processes of conflict and accommodation among competing claimants. It brings together the views of engineers, lawyers, ecologists, economists, professional mediators, federal officials, an anthropologist, and a Native American tribal leader - all either students of these processes or protagonists in them - to discuss how the legitimate claims of both Indians and non-Indians to scarce water in the West are being settled. Because the number of cases settled to date is but a small fraction of those pending, this volume offers an invaluable perspective on an active issue and points to the need for negotiation rather than litigation. It complements the existing literature on water law with a divergence of outlooks on an issue of vast complexity.
Download or read book Indian Water Rights written by United States. Congress. Senate. Committee on Interior and Insular Affairs. Subcommittee on Indian Affairs and published by . This book was released on 1974 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Implementing Winters Doctrine Indian Reserved Water Rights written by Reid Peyton Chambers and published by . This book was released on 1991 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Water and the Future of the Southwest written by Zachary Alden Smith and published by . This book was released on 1989 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the water policy of the arid southwestern US from the perspectives of political science, economics, and the law. The 15 chapters discuss the political context and legal doctrines; the role of governments; and water allocation and other management issues.
Download or read book Reserved Water Rights for Federal and Indian Reservations a Growing Controversy in Need of Resolution Report to the Congress written by United States. General Accounting Office and published by . This book was released on 1978 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indian Water Policy written by United States. Congress. Senate. Select Committee on Indian Affairs and published by . This book was released on 1989 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indian Water Policy in a Changing Environment written by and published by Oakland, Calif. : American Indian Lawyer Training Program. This book was released on 1982 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Report of the Task Force on Non Indian Federal Water Rights written by United States. Task Force on Non-Indian Federal Water Rights and published by . This book was released on 1980 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
