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Navajo Nation San Juan Basin In New Mexico Water Rights Settlement Agreement Of 2010, Navajo Nation, New Mexico, United States
Navajo Nation San Juan Basin In New Mexico Water Rights Settlement Agreement Of 2010, Navajo Nation, New Mexico, United States
Native American Water Rights Settlement Project
Settlement Agreement: Navajo Nation San Juan Basin, NM Water Rights Settlement (Dec. 17, 2010) Parties: Navajo Nation, US, NM. This Settlement relates to the Navajo Nation’s water rights in the San Juan River Basin located in NM. It is a part of the Juan River adjudication. It reconciles the Apr. 19, 2005 agreement with the Settlement Act. Allottees may make individual water right claims based upon historic and existing uses found in the Joint Hydrographic Survey Report. This Settlement finalizes all claims the Nation could make to the San Juan River Basin and settles all causes of action against the …
Judicial System Rises To Challenges Of Times, Kevin Washburn
Judicial System Rises To Challenges Of Times, Kevin Washburn
Faculty Scholarship
No abstract provided.
Crow Water Rights Settlement Act Of 2010, United States 111th Congress
Crow Water Rights Settlement Act Of 2010, United States 111th Congress
Native American Water Rights Settlement Project
Federal Legislation: Title IV: Crow Tribe Water Rights Settlement - Crow Tribe Water Rights Settlement of 2010 in the Claims Resolution Act of 2010 (PL111-291| 124 Stat 3097). The Act ratifies, authorizes, and confirms the water rights 1999 Compact between the Crow Tribe and MT. The DOI Secretary shall promptly execute the Compact and comply with applicable environmental acts and regulations. The Act provides for: 1) the Tribe to a) rehabilitate and improve the Crow Irrigation Project; and b) Reclamation to construct the municipal, rural, and industrial water system; 2) creates a Project Management Committee made up of the Tribe, …
Taos Pueblo Indian Water Rights Settlement Act Of 2010, United States 111th Congress
Taos Pueblo Indian Water Rights Settlement Act Of 2010, United States 111th Congress
Native American Water Rights Settlement Project
Federal Legislation: Claims Resolution Act of 2010, Title V: Taos Pueblo Indian Water Rights Settlement of 2010 (Sec. 501) Parties: Pueblo of Taos, NM, US, Town of Taos, El Prado Water & Sanitation District, Acequia Madre del Rio Lucero y del Arroyo Seco, Acequia Madre del Prado, Acequia del Monte, Acequia Madre del Rio Chiquito, Upper Ranchitos Mutual Domestic Water Consumers Assn, Upper Arroyo Hondo Mutual Domestic Water Consumers Assn, Llano Quemado Mutual Domestic Water Consumers Assn. Federal Legislation to approve, ratify, and confirm the Taos Pueblo Indian Water Rights Settlement; to authorize and direct the Secretary to execute the …
White Mountain Apache Tribe Water Rights Quantification Act Of 2010, United States 111th Congress
White Mountain Apache Tribe Water Rights Quantification Act Of 2010, United States 111th Congress
Native American Water Rights Settlement Project
Federal Legislation: Claims Settlement Act of 2010, TITLE III—White Mountain Apache Tribe Water Rights Quantification, PL111-291| 124 Stat 3064, 3073 (Dec. 8, 2010). Parties: White Mountain Apache Tribe, US, AZ. The Act ratifies, authorizes, and confirms the WMAT Water Rights Quantification settlement; authorizes the DOI Secretary to execute the and take all necessary action; to authorize appropriations; and, to permanently resolve certain damages and water rights in the general adjudication of the Gila River System and Little CO River System. The provides for: 1) environmental compliance; 2) tribal water rights; 3) CAP reallocation; 4) tribal leasing, distributing, exchanging or allocation …
Aamodt Litigation Settlement Act Of 2010, United States 111th Congress
Aamodt Litigation Settlement Act Of 2010, United States 111th Congress
Native American Water Rights Settlement Project
Federal Legislation: Title VI: Aamodt Litigation Settlement of the Claims Settlement Act of 2010 (PL 111-291, 124 Stat 3064, 3134). 66cv06639, USDC, DCNM. Federal Legislation to resolve the water rights of Pueblos of Nambé, Pojoaque, San Ildefonso, and Tesuque. Key provisions include: 1) a regional water diversion, treatment and distribution system to serve the Pueblos and the customers of Santa Fe County; 2) a Regional Water Authority, a county utility, and Pueblo water facilities; 3) operation, cost-sharing, and system integration; 4) Reclamation design and construction of the system; 5) conjunctive management of surface and groundwater; 6) well fields, aquifer storage …
President's Missed Chance With Sikhs, Dawinder S. Sidhu
President's Missed Chance With Sikhs, Dawinder S. Sidhu
Faculty Scholarship
Decision to skip temple visit made out of fear, expediency
Out From Under The Shadow Of The Federal Constitution: An Overlooked American Constitutionalism, Christian G. Fritz
Out From Under The Shadow Of The Federal Constitution: An Overlooked American Constitutionalism, Christian G. Fritz
Faculty Scholarship
Most scholars of constitutional law and history equate American constitutionalism with the Federal constitution. This spotlight on the Federal constitution rests on a series of modern assumptions that elevate the status of the Federal constitution over the rich history of state constitutions, and inevitably neglect the central constitutional tenet of the American Revolution - the sovereignty of the people. Viewing American constitutionalism from the perspective of the constitutional legacy of the Revolution suggests a modified paradigm in which state constitutions play a critical role in our understanding the full meaning of American constitutionalism. The idea of a collective sovereign introduced …
1,000% Interest- Good While Supplies Last: A Study Of Payday Loan Practices And Solutions, Nathalie Martin
1,000% Interest- Good While Supplies Last: A Study Of Payday Loan Practices And Solutions, Nathalie Martin
Faculty Scholarship
Would you pay 1000 dollars in fees to borrow 100 dollars for a period of twenty weeks? Is it possible that such a loan is even legal? Welcome to the world of payday lending, one of the fastest growing segments of the consumer credit industry. This Article describes the practices of payday loan companies and then discusses some states failed attempts to institute regulation. These legislative efforts frequently fail because crafty lenders quickly adapt to new legislation by finding loopholes that undermine any consumer protection provided by the new regulatory laws. This Article also reports on an empirical study of …
Deregulation Pas De Deux: Dual Regulatory Classes Of Financial Institutions And The Path To Financial Crisis In Sweden And The United States, Erik F. Gerding
Deregulation Pas De Deux: Dual Regulatory Classes Of Financial Institutions And The Path To Financial Crisis In Sweden And The United States, Erik F. Gerding
Faculty Scholarship
This article presents the following model of two regulatory classes of financial institutions interacting in financial and political markets to spur deregulation and riskier lending and investment, which in turn contributes to the severity of a financial crisis: 1) Regulation creates two categories of financial institutions. The first class faces greater restrictions in lending or investment activities but enjoys regulatory subsidies, such as an explicit or implicit government guarantee, while the second class is more loosely regulated and can make riskier loans or investments and earn additional profits. 2) These additional profits leads to calls for deregulation to enable the …
Agency Culture And Conflict: Federal Implementation Of The Indian Gaming Regulatory Act By The National Indian Gaming Commission, The Bureau Of Indian Affairs, And The Department Of Justice, Kevin Washburn
Faculty Scholarship
Indian gaming provides a lens through which to consider the implications of divided federal executive power. The Indian Gaming Regulatory Act is implemented by at least three federal agencies, each of which has somewhat different interests. Moreover, none of these agencies is monolithic and each must reconcile competing interests within its own domain. In examining the culture of three federal agencies, the author seeks to shed light on divided executive branch governance. The article briefly addresses three different issues: the 'independence' of an independent agency, the NIGC, which lacks litigating authority; the problem with shared subject matter jurisdiction by DOJ …
Book Review: Responsible Business: Self-Governance And Law In Transnational Economic Transactions Edited By Olaf Dilling, Martin Herberg And Gerd Winter, Laura M. Spitz
Faculty Scholarship
No abstract provided.
Water Law In The Western United States, Susan Kelly
Water Law In The Western United States, Susan Kelly
Publications
No abstract provided.
Report & Recommendations Legal Scholar Team, Margaret E. Montoya, Tucker Culbertson, Marc-Tizoc González
Report & Recommendations Legal Scholar Team, Margaret E. Montoya, Tucker Culbertson, Marc-Tizoc González
Faculty Scholarship
The Report’s Recommendations for next steps reflect and incorporate the multiple experiences, false starts, insights, frustrations and new beginnings that represent the various ways that diversity works within the different sectors of the legal profession. We have included Recommendations that are already being used as well as some that are ambitious and aspirational. Within each of the four sectors of the profession, the recommendations are broadly categorized, but not prioritized. We recognize that every individual or organization will have its own priorities based on its unique circumstances. We do encourage the Report’s users to select and prioritize recommendations for next …
Protecting New Mexico’S Waters: A Blueprint For The Future, Denise D. Fort
Protecting New Mexico’S Waters: A Blueprint For The Future, Denise D. Fort
Faculty Scholarship
Aquatic species are imperiled by water diversions, introduced species, pollution and now climate change. In the western U.S., water law rewards the withdrawal and use of water, rather than leaving water instream for ecological, recreational and other purposes. New Mexico has no statutory protections for environmental flows and is increasing its diversions of water from rivers. This paper discusses the status of instream flows in the state and proposes policies to better protect the state’s waters.
Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board
Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board
Publications
No abstract provided.
Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert
Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert
Publications
No abstract provided.
Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan
Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan
Publications
No abstract provided.
Environmental Flow Issues & Science, Tom Annear
Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger
Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger
Publications
No abstract provided.
Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd
Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd
Publications
No abstract provided.
Environmental Flows Allocation Process In Texas, Kevin Mayes
Environmental Flows Allocation Process In Texas, Kevin Mayes
Publications
No abstract provided.
Geomorphic Condition And Shallow Aquifers, Shann Stringer
Geomorphic Condition And Shallow Aquifers, Shann Stringer
Publications
No abstract provided.
Riparian Area And Upper Watershed Condition, Mary Steuver
Riparian Area And Upper Watershed Condition, Mary Steuver
Publications
No abstract provided.
The E-Flow Challenge In An Acequia Irrigation System With Storage - Environmental Flow Workshop, Harold Trujillo
The E-Flow Challenge In An Acequia Irrigation System With Storage - Environmental Flow Workshop, Harold Trujillo
Publications
No abstract provided.
Review Essay: Antebellum American Thought And Politics'', Max Skidmore
Review Essay: Antebellum American Thought And Politics'', Max Skidmore
Faculty Scholarship
Review Essay of the following works: American Sovereigns: The People and America's Constitutional Tradition Before the Civil War. Christian G. Fritz, : Cambridge University Press , 2008 The Missouri Compromise and Its Aftermath: Slavery and the Meaning of America. Robert Pierce Forbes, : University of North Carolina Press , 2007 Vindicating Lincoln: Defending the Politics of Our Greatest President. Thomas L. Krannawitter, : Rowman and Littlefield , 2008
Civil Rights And The Wartime Supreme Court, Dawinder S. Sidhu
Civil Rights And The Wartime Supreme Court, Dawinder S. Sidhu
Faculty Scholarship
The following essay was written for our Race and the Supreme Court event by Dawinder S. Sidhu, a founding director of the Discrimination and National Security Initiative at Harvard University. Mr. Sidhu’s work focuses on discrimination against Muslim-Americans and those perceived to be Muslim, and he is coauthor of a book published in 2009 titled Civil Rights in Wartime.
Judicial Evaluation Of Expert Opinions: Recent Developments, David J. Stout
Judicial Evaluation Of Expert Opinions: Recent Developments, David J. Stout
Faculty Scholarship
The paper addresses the basic rules of Daubert v. Merrell Dow Pharmaceuticals, Inc. and Rule 702 under both federal and New Mexico law. The paper attempts to distill in summary form the essential principles of the Alberico scientific validity analysis. The focus is on the validity analysis because of its centrality to the admissibility of scientific opinion evidence. Third, it examines the two recent New Mexico decisions that further explain important issues relating to expert opinion evidence.
Testimony Before The U.S. Sentencing Commission On The Tribal Law And Order Act, Kevin Washburn
Testimony Before The U.S. Sentencing Commission On The Tribal Law And Order Act, Kevin Washburn
Faculty Scholarship
Under longstanding policy, the U.S. Sentencing Commission takes the position that tribal court convictions ought not be counted for purposes of evaluating a convicted defendant's criminal history. Because in some cases this policy underestimates a defendant's criminal history, it undermines the utilitarian and retributive purposes of federal sentencing. The Tribal Law and Order Act, currently pending in Congress and supported by the President, should cause the United States Sentencing Commission to reconsider its position on tribal convictions. The Act would provide clear federal authorization for tribal court felony sentences of up to three years per offense as long as tribal …
Second Affidavit In Duluth V. Fond Du Lac Band Of Lake Superior Chippewa, Kevin Washburn
Second Affidavit In Duluth V. Fond Du Lac Band Of Lake Superior Chippewa, Kevin Washburn
Faculty Scholarship
No abstract provided.