The Future Of Indian And Federal Reserved Water Rights

Author : Barbara Cosens,Judith V. Royster
Publisher : UNM Press
Page : 499 pages
File Size : 52,7 Mb
Release : 2012-06-16
Category : Law
ISBN : 9780826351234

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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. General Accounting Office
Publisher : Unknown
Page : 126 pages
File Size : 44,6 Mb
Release : 1978
Category : Indians of North America
ISBN : STANFORD:36105113790526

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Reserved Water Rights for Federal and Indian Reservations by United States. General Accounting Office Pdf

Author : Bonnie G. Colby,John E. Thorson,Sarah Britton
Publisher : University of Arizona Press
Page : 216 pages
File Size : 49,5 Mb
Release : 2005-05
Category : Social Science
ISBN : 9780816524556

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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 : Barbara Cosens,Judith V. Royster
Publisher : University of New Mexico Press
Page : 386 pages
File Size : 45,6 Mb
Release : 2012
Category : Indians of North America
ISBN : 9780826351227

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

In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of the Winters Doctrine.

Author : Jon C. Hare
Publisher : Unknown
Page : 88 pages
File Size : 47,6 Mb
Release : 1996
Category : Indians of North America
ISBN : HARVARD:32044053424024

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Indian Water Rights by Jon C. Hare Pdf

Author : Lloyd Burton
Publisher : Unknown
Page : 200 pages
File Size : 49,8 Mb
Release : 1991
Category : Law
ISBN : UOM:39015021992568

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American Indian Water Rights and the Limits of Law by Lloyd Burton Pdf

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.

Author : Daniel McCool
Publisher : University of Arizona Press
Page : 256 pages
File Size : 45,7 Mb
Release : 2006-10-26
Category : History
ISBN : 9780816526154

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Native Waters by Daniel McCool Pdf

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.

Author : Anonim
Publisher : Unknown
Page : 432 pages
File Size : 50,6 Mb
Release : 1985
Category : Indians of North America
ISBN : STANFORD:36105045277535

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Indian Reserved Water Rights by Anonim Pdf

Author : United States. Task Force on Non-Indian Federal Water Rights
Publisher : Unknown
Page : 176 pages
File Size : 42,7 Mb
Release : 1980
Category : Water rights
ISBN : PURD:32754077528895

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Report of the Task Force on Non-Indian Federal Water Rights by United States. Task Force on Non-Indian Federal Water Rights Pdf

Author : Zachary Alden Smith
Publisher : Unknown
Page : 296 pages
File Size : 53,5 Mb
Release : 1989
Category : Law
ISBN : STANFORD:36105038575093

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Water and the Future of the Southwest by Zachary Alden Smith Pdf

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.

Author : Richard L. Foreman
Publisher : Unknown
Page : 256 pages
File Size : 47,5 Mb
Release : 1981
Category : History
ISBN : STANFORD:36105036092687

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Indian Water Rights by Richard L. Foreman Pdf

Author : United States. National Water Commission
Publisher : Unknown
Page : 624 pages
File Size : 52,9 Mb
Release : 1973
Category : Water resources development
ISBN : MINN:31951000031200A

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Water Policies for the Future by United States. National Water Commission Pdf

Author : United States. Congress. Senate. Committee on Interior and Insular Affairs
Publisher : Unknown
Page : 236 pages
File Size : 47,8 Mb
Release : 1961
Category : Water
ISBN : LOC:00143918257

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Federal-State Water Rights by United States. Congress. Senate. Committee on Interior and Insular Affairs Pdf

Author : Anonim
Publisher : Oakland, Calif. : American Indian Lawyer Training Program
Page : 180 pages
File Size : 43,5 Mb
Release : 1982
Category : Law
ISBN : STANFORD:36105043791511

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Indian Water Policy in a Changing Environment by Anonim Pdf

Author : United States. Congress. Senate. Interior and Insular Affairs
Publisher : Unknown
Page : 274 pages
File Size : 42,8 Mb
Release : 1961
Category : Electronic
ISBN : STANFORD:36105110714669

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Federal-State Water Rights. 87-1, 1961 by United States. Congress. Senate. Interior and Insular Affairs Pdf