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Indian Water in the New West

Indian Water in the New West
Author:
Publisher:
Total Pages: 241
Release: 1993
Genre: POLITICAL SCIENCE
ISBN: 9780816540310

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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.


Indian Water in the New West

Indian Water in the New West
Author: Thomas R. McGuire
Publisher:
Total Pages: 0
Release: 2020
Genre: Social Science
ISBN:

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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.


Water Use Conflicts in the West

Water Use Conflicts in the West
Author: Marca Weinberg
Publisher:
Total Pages: 102
Release: 1997
Genre: Electronic government information
ISBN:

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I. Introduction -- II. Water use in the western United States -- III. Issues in reforming federal water policy -- IV. Water development, use, conflicts, and reform in California's Central Valley -- V. Quantitative analysis of the Central Valley Project Improvement Act -- VI. Lessons for the West -- Appendix A. Central Valley Project Improvement Act -- Appendix B. Economics of tools for reforming federal water policy.


Native Waters

Native Waters
Author: Daniel McCool
Publisher: University of Arizona Press
Total Pages: 260
Release: 2006-10-26
Genre: History
ISBN: 9780816526154

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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.


Indian Reserved Water Rights

Indian Reserved Water Rights
Author: John Shurts
Publisher: University of Oklahoma Press
Total Pages: 352
Release: 2003-03-01
Genre: History
ISBN: 9780806135410

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In its 1908 decision for Winters v. United States, the Supreme Court affirmed a lower-court ruling that the United States and the Gros Ventre and Assiniboine Indians had reserved rights to water in the Milk River through an 1888 treaty which created the Fort Belknap Indian Reservation in Montana. Since 1908 the Winters decision, or Indian reserved water rights doctrine, has played an important and controversial role in the West. Indian Reserved Water Rights is the first book-length historical study of the Winters case and the early use of the reserved water doctrine. In the book, John Shurts explains how the litigation and its outcome fit well within the existing legal context and into ongoing efforts at water development in the Milk River Valley. He also examines the life of the Winters Doctrine during its earliest years, primarily through a study of water-rights litigation on the Uintah Reservation in Utah.


Indian Water in the New West

Indian Water in the New West
Author: Thomas R. McGuire
Publisher:
Total Pages: 264
Release: 1993
Genre: Law
ISBN:

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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.


Negotiating Tribal Water Rights

Negotiating Tribal Water Rights
Author: Bonnie G. Colby
Publisher: University of Arizona Press
Total Pages: 216
Release: 2016-12-01
Genre: Political Science
ISBN: 081653649X

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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.


Fluid Arguments

Fluid Arguments
Author: Char Miller
Publisher: University of Arizona Press
Total Pages: 385
Release: 2015-11-01
Genre: Nature
ISBN: 0816533296

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Water—or the lack of it—has shaped the contours of the American West and continues to dominate the region's development. From the incursions of the Spanish conquistadores to the dams of the New Deal era, humans have sought water in these arid lands as the key to survival and success. And as the West becomes more urbanized, water is an issue as never before. This book sets contemporary and often bitter debates over water in their historical contexts by examining some of the most contentious issues that have confronted the region over five centuries. Seventeen contributors—representing history, geography, ethnography, political science, law, and urban studies—provide an interdisciplinary perspective on the many dimensions of water in the West: Spanish colonial water law, Native American water rights, agricultural concerns, and dam building. A concluding essay looks toward the future by examining the impact of cities on water and of water marketing on the western economy. As farmers and ranchers from Kansas to California compete for water with powerful urban economies, the West will continue to be reshaped by this scarce and precious resource. Fluid Arguments clearly shows that many of the current disputes over water take place without a real appreciation for the long history of the debate. By shedding new light on how water allocation is established—and who controls it—this book makes a vital contribution to our understanding of water and growth in the region. CONTENTS Divining the Past: An Introduction / Char Miller Part 1. Land and Water on New Spain’s Frontiers 1. "Only Fit for Raising Stock": Spanish and Mexican Land and Water Rights in the Tamaulipan Cession / Jesús F. de la Teja 2. Water, the Gila River Pimas, and the Arrival of the Spanish / Shelly C. Dudley 3. "Between This River and That": Establishing Water Rights in the Chama Basin of New Mexico / Sandra K. Mathews-Lamb Part 2. The Native American Struggle for Water 4. Maggot Creek and Other Tales: Kiowa Identity and Water, 1870-1920 / Bonnie Lynn-Sherow 5. The Dilemmas of Indian Water Policy, 1887-1928 / Donald J. Pisani 6. First in Time: Tribal Reserved Water Rights and General Adjudications in New Mexico / Alan S. Newell 7. Winters Comes Home to Roost / Daniel McCool Part 3. Agricultural Conundrums 8. Water, Sun, and Cattle: The Chisholm Trail as an Ephemeral Ecosystem / James E. Sherow 9. Private Irrigation in Colorado’s Grand Valley / Brad F. Raley 10. A Rio Grande "Brew": Agriculture, Industry, and Water Quality in the Lower Rio Grande Valley / John P. Tiefenbacher 11. Specialization and Diversification in the Agricultural System of Southwestern Kansas, 1887-1980 / Thomas C. Schafer 12. John Wesley Powell Was Right: Resizing the Ogallala High Plains / John Opie Part 4. Dam those Waters! 13. Private Initiative, Public Works: Ed Fletcher, the Santa Fe Railway, and Phoenix’s Cave Creek Flood Control Dam / Donald C. Jackson 14. The Changing Fortunes of the Big Dam Era in the American West / Mark Harvey 15. Building Dams and Damning People in the Texas-Mexico Border Region: Mexico’s El Cuchillo Dam Project / Raúl M. Sánchez Part 5. The Coming Fight 16. Water and the Western Service Economy: A New Challenge / Hal K. Rothman


The Bureau of Reclamation

The Bureau of Reclamation
Author: William D. Rowley
Publisher:
Total Pages: 668
Release: 2006
Genre: Dams
ISBN:

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