Water Rights

Author : Merrell-Ann S. Phare
Publisher : Rocky Mountain Books Ltd
Page : 120 pages
File Size : 47,5 Mb
Release : 2009
Category : Law
ISBN : 1897522614

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Denying the Source by Merrell-Ann S. Phare Pdf

First Nations are facing some of the worst water crises in Canada and throughout North America. Their widespread lack of access to safe drinking water receives ongoing media attention and yet progress addressing the causes of the problem is painfully slow. They have been excluded from many important decisions, as provinces operate under the view that they own the water resources within provincial boundaries and the federal government takes a hands-off approach. The demands for access to waters that First Nations depend upon are intense and growing. Oil and gas, mining, ranching, farming and hydro-development all require enormous quantities of water. Climate change threatens to make matters even worse. Over the last 30 years, the courts have clarified that First Nations have numerous rights to land and resources, including the right to be involved in decision-making. This book is a call to respect the water rights of First Nations and through this, create a new water ethic in Canada and beyond.

Author : Bonnie G. Colby,John E. Thorson,Sarah Britton
Publisher : University of Arizona Press
Page : 222 pages
File Size : 48,9 Mb
Release : 2005-05
Category : Social Science
ISBN : 0816524556

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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 : Henry P. Farnham
Publisher : The Lawbook Exchange, Ltd.
Page : 3174 pages
File Size : 45,5 Mb
Release : 2006
Category : Drainage laws
ISBN : 9781584776895

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The Law of Waters and Water Rights by Henry P. Farnham Pdf

Originally published: Rochester: The Lawyers Cooperative Publishing Company, 1904. clxxx, 896; xvi, 897-1893; xiv, 1894-2956 pp. Reprint of the sole edition. Important treatise on water rights that examines rights based on relationships from the international to the community level as they affect water rights. This book has three parts: Part One: The Rights of States and Nations examines international rights and constitutional and statutory rights. Part Two: Rights Between Public and Individual, includes the public use of waterways, municipal water supply, drainage and rights of navigation. Part Three: Rights Between Individuals discusses the rights of riparian owners in watercourses, such as the right to dam a stream.

Author : Rutgerd Boelens,David H. Getches,Jorge Armando Guevara Gil
Publisher : Earthscan
Page : 385 pages
File Size : 50,8 Mb
Release : 2010
Category : Business & Economics
ISBN : 9781849774796

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Out of the Mainstream by Rutgerd Boelens,David H. Getches,Jorge Armando Guevara Gil Pdf

"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.

Author : Elizabeth Jane Macpherson
Publisher : Cambridge University Press
Page : 313 pages
File Size : 41,6 Mb
Release : 2019-08-08
Category : History
ISBN : 9781108473064

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Indigenous Water Rights in Law and Regulation by Elizabeth Jane Macpherson Pdf

A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

Author : Jim Ellis
Publisher : Calgary Institute for the Huma
Page : 0 pages
File Size : 41,5 Mb
Release : 2018
Category : Nature
ISBN : 1552389979

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Water Rites by Jim Ellis Pdf

"Water Rites: Reimagining Water in the West brings together artists, activists, conservation groups, and scholars to illuminate the diverse issues surrounding water in Alberta. Examining the human right to water, the effects of resource extraction on Indigenous communities, oil spills, and protest movements, this vital collection explores key water-related issues with a focus on environmental and Indigenous perspectives. It shows how deeply water is tied to human life, not only as a necessary resource, but also as a source of artistic inspiration and as part of our collective consciousness."--

Author : Richard H. Bartlett,Canadian Institute of Resources Law
Publisher : Calgary : Canadian Institute of Resources Law
Page : 290 pages
File Size : 53,9 Mb
Release : 1988
Category : Law
ISBN : UOM:39015056298832

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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 : Joseph W. Dellapenna,Joyeeta Gupta
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 40,7 Mb
Release : 2021-08-31
Category : Law
ISBN : 9781783477005

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Water Law by Joseph W. Dellapenna,Joyeeta Gupta Pdf

This volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources. Written by leading scholars and practitioners from across the globe, this authoritative volume will be a vital resource for all scholars and students of environmental law.

Author : British Columbia. Department of Lands and Forests
Publisher : Unknown
Page : 242 pages
File Size : 52,9 Mb
Release : 1914
Category : Stream measurements
ISBN : UCAL:C3065219

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Report of the Water Rights Branch of the Department of Lands by British Columbia. Department of Lands and Forests Pdf

Author : Robert H. Abrams,Latravia Smith
Publisher : Unknown
Page : 0 pages
File Size : 55,5 Mb
Release : 2018
Category : Law
ISBN : 1641050977

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Water Rights and Environmental Regulation by Robert H. Abrams,Latravia Smith Pdf

While state law almost exclusively governs the allocation of surface waters in the United States, there are also reserved rights, an important class of water rights created by federal law. Written by practitioners in private practice, government, and academia, each with extensive experience in the area, this focused book discusses the impact of federal environmental law on the use of water resources.

Author : Erin O'Donnell
Publisher : Routledge
Page : 202 pages
File Size : 53,7 Mb
Release : 2018-10-17
Category : Law
ISBN : 9780429889608

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Legal Rights for Rivers by Erin O'Donnell Pdf

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.

Author : United States. Congress. House. Committee on Resources. Subcommittee on Water and Power Resources
Publisher : Unknown
Page : 336 pages
File Size : 40,8 Mb
Release : 1996
Category : Law
ISBN : PSU:000024730631

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

Author : Merrell-Ann S. Phare
Publisher : Rocky Mountain Books Ltd
Page : 112 pages
File Size : 45,9 Mb
Release : 2011-02-15
Category : Nature
ISBN : 9781926855172

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Denying the Source by Merrell-Ann S. Phare Pdf

Provocative, passionate and populist, RMB Manifestos are short and concise non-fiction books of literary, critical, and cultural studies. First Nations are facing some of the worst water crises in Canada and throughout North America. Their widespread lack of access to safe drinking water receives ongoing national media attention, and yet progress addressing the causes of the problem is painfully slow. First Nations have had little say in how their waters are, or are not, protected. They have been excluded from many important decisions, as provinces operate under the view that they own the water resources within provincial boundaries, and the federal government takes a hands-off approach. The demands for access to waters that First Nations depend upon are intense and growing. Oil and gas, mining, ranching, farming and hydro-development all require enormous quantities of water, and each brings its own set of negative impacts to the rivers, lakes and groundwater sources that are critical to First Nations. Climate change threatens to make matters even worse. Over the last 30 years, the courts have clarified that First Nations have numerous rights to land and resources, including the right to be involved in decision-making. This book is a call to respect the water rights of First Nations, and through this create a new water ethic in Canada and beyond.

Author : United States. Congress. Senate. Committee on Interior and Insular Affairs. Subcommittee on Irrigation and Reclamation
Publisher : Unknown
Page : 640 pages
File Size : 54,6 Mb
Release : 1956
Category : Water rights
ISBN : STANFORD:36105117927538

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Water Rights Settlement Act by United States. Congress. Senate. Committee on Interior and Insular Affairs. Subcommittee on Irrigation and Reclamation Pdf

Author : Aline Baillat
Publisher : IWA Publishing
Page : 261 pages
File Size : 49,6 Mb
Release : 2010-06-14
Category : Science
ISBN : 9781843393610

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International Trade in Water Rights by Aline Baillat Pdf

International Trade in Water Rights provides a new approach to the questions raised by international water transfer projects: To whom does water belong? More precisely, what rules should govern international water transfers from transboundary watercourses? These issues are usually studied through the lenses of international trade law. International Trade in Water Rights offers a new approach by highlighting the fundamental issue of domestic and international water property regime and introducing the difference between trade in water and trade in water rights. International Trade in Water Rights analyses the conditions under which market-based instruments could participate in the resolution of water disputes over international watercourses and recommendations are made based on the study of two cases of inter-state water trading in the Colorado River Basin and in the Murray Darling Basin. It is argued that the recognition of water as an economic good in domestic water reform will increasingly impact the management of international watercourses. The book is of key interest to water professionals, economists, lawyers, and political scientists dealing with transboundary disputes over water.