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Indigenous, Indian, and Aboriginal Law

University of Colorado Law School

Publications

Water rights

Articles 1 - 10 of 10

Full-Text Articles in Law

A Bold Plan For Saving The Colorado River, Mark Squillace Jan 2023

A Bold Plan For Saving The Colorado River, Mark Squillace

Publications

No abstract provided.


Introduction To Big Horn General Stream Adjudication Symposium, Charles Wilkinson Jan 2015

Introduction To Big Horn General Stream Adjudication Symposium, Charles Wilkinson

Publications

No abstract provided.


The First Half Century Of Western Water Reform: Have We Kept Faith With The Rivers Of The West?, Charles Wilkinson Jan 2006

The First Half Century Of Western Water Reform: Have We Kept Faith With The Rivers Of The West?, Charles Wilkinson

Publications

No abstract provided.


Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson Jan 2006

Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson

Publications

No abstract provided.


Indigenous Peoples' Rights To Water Under International Norms, David H. Getches Jan 2005

Indigenous Peoples' Rights To Water Under International Norms, David H. Getches

Publications

In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, …


Transferring Indian Reserved Rights To Instream Flows: Lessons From The Big Horn Adjudication, Mark Squillace Jan 1993

Transferring Indian Reserved Rights To Instream Flows: Lessons From The Big Horn Adjudication, Mark Squillace

Publications

No abstract provided.


Water Marketing In Wyoming, Mark Squillace Jan 1989

Water Marketing In Wyoming, Mark Squillace

Publications

No abstract provided.


Indian Allotment Water Rights, Richard B. Collins Jan 1985

Indian Allotment Water Rights, Richard B. Collins

Publications

Allotted tribal lands create troublesome questions for western water lawyers. In this article the author reviews the history of basic Indian reservation water rights created by the Supreme Court's landmark decision in Winters v. United States. He then explains the disposition of those rights when reservation lands are allotted. Finally, he discusses the difficult issues that arise when allotted lands pass from the federal trust become subject to state law, and are transferred to non-Indians.


Water Rights On Indian Allotments, David H. Getches Jan 1981

Water Rights On Indian Allotments, David H. Getches

Publications

Development of individually-held reservation lands for agriculture, mining, or commerce almost always depends on a supply of water. Thus, it is essential that owners of land within a reservation have some certainty of their water rights. No statute or other source, however, expressly defines water rights on Indian allotments. This article attempts to define those water rights by examining the allotment policy and legislation in light of the reserved water rights doctrine. The author concludes that no reserved rights may be held by individuals, but that during the period of trust some of those rights may be used by allottees. …


Perspectives On Water And Energy In The American West And In Indian Country, Charles F. Wilkinson Jan 1981

Perspectives On Water And Energy In The American West And In Indian Country, Charles F. Wilkinson

Publications

No abstract provided.