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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.


Tribal Water Rights

Tribal Water Rights
Author: John E. Thorson
Publisher: University of Arizona Press
Total Pages: 304
Release: 2016-08-08
Genre: Law
ISBN: 0816534179

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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.


Conflict Management

Conflict Management
Author: Claudia Marseille
Publisher:
Total Pages: 44
Release: 1983
Genre: Law
ISBN:

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Indian Water Rights

Indian Water Rights
Author: Jon C. Hare
Publisher:
Total Pages: 88
Release: 1996
Genre: Indians of North America
ISBN:

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Indian Water Rights Settlements

Indian Water Rights Settlements
Author: United States. Congress. House. Committee on Natural Resources. Subcommittee on Water and Power
Publisher:
Total Pages: 64
Release: 2008
Genre: Indians of North America
ISBN:

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The Future of Indian and Federal Reserved Water Rights

The Future of Indian and Federal Reserved Water Rights
Author: Barbara Cosens
Publisher: UNM Press
Total Pages: 499
Release: 2012-06-16
Genre: Law
ISBN: 0826351239

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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.


Indian Water Rights

Indian Water Rights
Author: United States. Bureau of Indian Affairs
Publisher:
Total Pages: 12
Release: 1978
Genre: Government publications
ISBN:

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Fort Hall Indian Water Rights Act of 1990

Fort Hall Indian Water Rights Act of 1990
Author: United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Water and Power
Publisher:
Total Pages: 148
Release: 1991
Genre: Indians of North America
ISBN:

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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.


San Luis Rey Indian Water Rights Settlement Act

San Luis Rey Indian Water Rights Settlement Act
Author: United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Water and Power Resources
Publisher:
Total Pages: 148
Release: 1987
Genre: Indians of North America
ISBN:

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