Negotiating Tribal Water Rights

Author : Bonnie G. Colby,John E. Thorson,Sarah Britton
Publisher : University of Arizona Press
Page : 216 pages
File Size : 48,9 Mb
Release : 2005-05
Category : Social Science
ISBN : 9780816524556

Get Book

Negotiating Tribal Water Rights by Bonnie G. Colby,John E. Thorson,Sarah Britton Pdf

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 : John E. Thorson,Sarah Britton,Bonnie G. Colby
Publisher : University of Arizona Press
Page : 304 pages
File Size : 45,8 Mb
Release : 2016-08-08
Category : Law
ISBN : 9780816534173

Get Book

Tribal Water Rights by John E. Thorson,Sarah Britton,Bonnie G. Colby Pdf

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 : Claudia Marseille
Publisher : Unknown
Page : 44 pages
File Size : 54,8 Mb
Release : 1983
Category : Law
ISBN : UOM:39015032599907

Get Book

Conflict Management by Claudia Marseille Pdf

Author : Jon C. Hare
Publisher : Unknown
Page : 88 pages
File Size : 43,9 Mb
Release : 1996
Category : Indians of North America
ISBN : HARVARD:32044053424024

Get Book

Indian Water Rights by Jon C. Hare Pdf

Author : Elizabeth Checchio,Bonnie G. Colby
Publisher : Unknown
Page : 93 pages
File Size : 43,5 Mb
Release : 1993
Category : Indians of North America
ISBN : OCLC:29737456

Get Book

Indian Water Rights by Elizabeth Checchio,Bonnie G. Colby Pdf

Author : Bonnie G. Colby,John E. Thorson,Sarah Britton
Publisher : University of Arizona Press
Page : 222 pages
File Size : 51,7 Mb
Release : 2005-05
Category : Social Science
ISBN : 0816524556

Get Book

Negotiating Tribal Water Rights by Bonnie G. Colby,John E. Thorson,Sarah Britton Pdf

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 : United States. Congress. House. Committee on Natural Resources. Subcommittee on Water and Power
Publisher : Unknown
Page : 64 pages
File Size : 42,9 Mb
Release : 2008
Category : Indians of North America
ISBN : PSU:000065515587

Get Book

Indian Water Rights Settlements by United States. Congress. House. Committee on Natural Resources. Subcommittee on Water and Power Pdf

Author : Barbara Cosens,Judith V. Royster
Publisher : UNM Press
Page : 499 pages
File Size : 42,9 Mb
Release : 2012-06-16
Category : Law
ISBN : 9780826351234

Get Book

The Future of Indian and Federal Reserved Water Rights by Barbara Cosens,Judith V. Royster Pdf

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 : United States. Bureau of Indian Affairs
Publisher : Unknown
Page : 12 pages
File Size : 42,8 Mb
Release : 1978
Category : Government publications
ISBN : UCR:31210024738252

Get Book

Indian Water Rights by United States. Bureau of Indian Affairs Pdf

Author : United States. Congress. Senate. Committee on Indian Affairs (1993- )
Publisher : Unknown
Page : 292 pages
File Size : 52,9 Mb
Release : 1999
Category : Chippewa-Cree Indians of the Rocky Boy's Reservation, Montana
ISBN : MINN:31951P00797048L

Get Book

Indian Water Rights by United States. Congress. Senate. Committee on Indian Affairs (1993- ) Pdf

Author : Thomas R. McGuire,William B. Lord,Mary G. Wallace
Publisher : Unknown
Page : 264 pages
File Size : 54,5 Mb
Release : 1993
Category : Law
ISBN : UOM:39015032745237

Get Book

Indian Water in the New West by Thomas R. McGuire,William B. Lord,Mary G. Wallace Pdf

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.

Author : United States. Congress. Senate. Select Committee on Indian Affairs
Publisher : Unknown
Page : 376 pages
File Size : 48,8 Mb
Release : 1992
Category : Law
ISBN : PSU:000019818139

Get Book

San Carlos Apache Tribe Water Rights Settlement Act of 1990 by United States. Congress. Senate. Select Committee on Indian Affairs Pdf

Author : Bryan Randolph Bruns,Ruth Suseela Meinzen-Dick
Publisher : Practical Action
Page : 394 pages
File Size : 45,6 Mb
Release : 2000
Category : Technology & Engineering
ISBN : 185339484X

Get Book

Negotiating Water Rights by Bryan Randolph Bruns,Ruth Suseela Meinzen-Dick Pdf

Outcome of various conferences.

Author : Richard H. Bartlett,Canadian Institute of Resources Law
Publisher : Calgary : Canadian Institute of Resources Law
Page : 290 pages
File Size : 50,8 Mb
Release : 1988
Category : Law
ISBN : UOM:39015056298832

Get Book

Aboriginal Water Rights in Canada by Richard H. Bartlett,Canadian Institute of Resources Law Pdf

Considers aboriginal title to water, Indian water rights, the extent to which aboriginal water rights have been validly regulated or abrogated by legislation and examines the manner in which contemporary agreements have provided for aboriginal water rights.

Author : Steven J. Haberfeld
Publisher : University of Oklahoma Press
Page : 308 pages
File Size : 52,7 Mb
Release : 2022-02-03
Category : Law
ISBN : 9780806190563

Get Book

Power Balance by Steven J. Haberfeld Pdf

Negotiation, understood simply as “working things out by talking things through,” is often anything but simple for Native nations engaged with federal, state, and local governments to solve complex issues, promote economic and community development, and protect and advance their legal and historical rights. Power Balance builds on traditional Native values and peacemaking practices to equip tribes today with additional tools for increasing their negotiating leverage. As cofounder and executive director of the Indian Dispute Resolution Service, author Steven J. Haberfeld has worked with Native tribes for more than forty years to help resolve internal differences and negotiate complex transactions with governmental, political, and private-sector interests. Drawing on that experience, he combines Native ideas and principles with the strategies of “interest-based negotiation” to develop a framework for overcoming the unique structural challenges of dealing with multilevel government agencies. His book offers detailed instructions for mastering six fundamental steps in the negotiating process, ranging from initial planning and preparation to hammering out a comprehensive, written win-win agreement. With real-life examples throughout, Power Balance outlines measures tribes can take to maximize their negotiating power—by leveraging their special legal rights and historical status and by employing political organizing strategies to level the playing field in obtaining their rightful benefits. Haberfeld includes a case study of the precedent-setting negotiation between the Timbisha Shoshone Tribe and four federal agencies that resolved disputes over land, water, and other natural resource in Death Valley National Park in California. Bringing together firsthand experience, traditional Native values, and the most up-to-date legal principles and practices, this how-to book will be an invaluable resource for tribal leaders and lawyers seeking to develop and refine their negotiating skills and strategies.