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Az Water Rights Settlement Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: White Mountain Apache Tribe Water Rights Settlement Assistance Provisions of 2004, Sec. 403 of AZ Water Settlement of 2004, PL 108-451, 118 Stat. 3478, 3573 (Dec. 10, 2004) Parties: San Carlos Apache Tribe & US. WHITE MOUNTAIN APACHE TRIBE.—The Section authorizes an appropriation to assist the White Mountain Apache Tribe in completing comprehensive water resources negotiations leading to a comprehensive water settlement for the Tribe, including soil and water technical analyses, legal, paralegal, and other related efforts, $150,000 for fiscal year 2006. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-108publ451/pdf/PLAW-108publ451.pdf]

Az Water Rights Settlement Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: San Carlos Apache Tribe Water Rights Settlement (negotiations assistance) Act of 2004, Title IV of AZ Water Settlement of 2004, PL 108-451, 118 Stat. 3478, 3573 (Dec. 10, 2004) Parties: San Carlos Apache Tribe & US. Certain provisions in Titles I-III relate to water for the Tribe if settlement is reached and other matters. This Act provides funding for the San Carlos Apache Tribe Water Rights Settlement negotiations. For three years, the DOI Secretary shall submit an annual report to Congress describing the status of efforts to negotiate an agreement covering the Gila River water rights with Tribe. …

Gila River Indian Community Water Rights Settlement Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal legislation: Gila River Indian Community Water Rights Settlement of 2004 as Title II found in the Arizona Water Settlement Act of 2004. Title I reallocates 28,200 acre-feet of CAP agricultural priority water; amends the Colorado River Basin Project Act re Lower Colorado River Basin Development Fund making $53M available for the Gila River Indian Community Water OM&R Trust Fund. Title II ratifies the Gila River Indian Community Water Rights Settlement of Feb. 4, 2003. The Secretary will comply with National Environmental Policy Act in executing the Agreement and Reclamation is the lead agency for compliance. The DOI Secretary shall …

Az Water Rights Settlement Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: Central AZ Project Settlement of 2004 - (Sec. 103) Parties: Tohono O'Odham Tribe & US Sets forth general permissible uses of the Central AZ Project (CAP), including for domestic, municipal, fish and wildlife, and industrial purposes. The DOI Secretary will reallocate 197,500 acre-feet of agricultural priority water made available pursuant to the AZ Water Settlement for use by AZ Indian tribes, of which: (1) 102,000 acre-feet shall be reallocated to the Gila River Indian Community; (2) 28,200 acre-feet shall be reallocated to the Tohono O'odham Nation (formerly the Papago Tribe); and (3) 67,300 acre-feet shall be reallocated to …

Nez Perce Tribe - Snake River Water Rights Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: TITLE X--Snake River Water Rights Act of 2004, Consolidated Appropriations Act of 2005 PL 108-447, 118 Stat. 2809 (Dec. 8, 2004). Parties: Nez Perce Tribe, US, ID. The Agreement or "Mediator's Term Sheet" was entered in on April 20, 2004 and resolves the Nez Perce Tribe's water rights claimed in the Snake River Basin adjudication in Idaho.

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

National Post, James Stribopoulos

Editorials and Commentaries

No abstract provided.

Putting Flesh On The Bones Of United States V. Winans: Private Party Liability Under Treaties That Reserve Actual Fish For The Tribal Taking, Lindsay Halm

Washington Law Review

One hundred years ago, in United States v. Winans, the United States Supreme Court announced that private parties are subject to the rights reserved by Indians under treaty. Accordingly, tribes enforce their treaty fishing rights in federal court to halt private and government actions that threaten to impair their reserved right to take a fair portion of fish from usual and accustomed fishing stations. In addition to injunctive relief, federal courts may award monetary relief to tribes where Congress limits the treaty fishing right. In general, monetary relief is a remedy against any defendant actor who impairs non-fishing treaty-reserved …

Defining "Addition" Of A Pollutant Into Navigable Waters From A Point Source Under The Clean Water Act: The Questions Answered — And Those Not Answered — By South Florida Water Management District V. Miccosukee Tribe Of Indians, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Book Review: "Coyote Warrior", Stacey L. Gordon

Faculty Journal Articles & Other Writings

The author reviews the book, "Coyote Warrior," by Paul VanDevelder, which documents tribal chairman Martin Cross's political fight to prevent the building of Garrison Dam and the latter legal battles his son, Raymond Cross, fought to win compensation for the land tribes were forced to give up when the dam was built.

Ghosts In The Court: Jonathan Belcher And The Proclamation Of 1762, Eric Adams

Dalhousie Law Journal

History occupies a central place in aboriginal rights litigation. As a result, the circumstances and characters of the distant past play crucial roles in the adjudication of aboriginal treaty, rights and title claims. One such character is Jonathan Belcher. the first chief justice and former lieutenant governor of Nova Scotia. In 1762, Belcher issued a Proclamation reserving the north-eastern coast of Nova Scotia (and what Is now the eastern coast of New Brunswick) for the Mi'kmaq. In R. v Bernard, the accused pleaded a right to log timber on Crown land on the basis of Belcher's Proclamation. This article argues …

“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy

ExpressO

No abstract provided.

Water Conservation Plan, Rocky Boy / North Central Montana Regional Water System (2004), Hkm Engineering

Native American Water Rights Settlement Project

Tribal Water Code: Water Conservation Plan, Rocky Boy / North Central Montana Regional Water System (Sep. 2004). Parties: Chippewa-Cree Tribe and NCM-RWS. The Rocky Boy/North Central Montana Regional Water System Act of 2002 (Pub. L. 107-331) authorized construction of the Rocky Boy/North Central Montana Regional Water System in north-central Montana. To meet the requirements of the Act, the Chippewa Cree Tribe and the North Central Montana Regional Water Authority developed and submitted a water conservation plan to Reclamation. The purpose of this water conservation plan is to ensure that users of water from the core system, non-core system and the …

The New Frontier Of Federal Indian Law: The United States Supreme Court's Active Divestiture Of Tribal Sovereignty, E. Andrew Long

Buffalo Public Interest Law Journal

No abstract provided.

International Criminal Court & India: Some Questions & Answers, Saumya Uma

Saumya Uma

This book was an outcome of an attempt to fill the “information gap” presently faced in making the ICC meaningful to civil society in India. It is based on questions that are frequently raised during workshops that the ICC-India campaign has conducted in various parts of the country. The contents of the book are in the form of questions and answers, and the book explains complex issues in a simple language. The publication is specially intended for Indian human rights organizations, activists and legal professionals engaged in campaigns on law and policy reform issues on human rights. This publication forms …

"Perfect Good Faith", Erin Ruble, Gerald Torres

Nevada Law Journal

No abstract provided.

Citizenship And Suffrage: The Native American Struggle For Civil Rights In The American West, 1830-1965, Willard Hughes Rollings

Nevada Law Journal

No abstract provided.

Brown And Tee-Hit-Ton, Earl Maltz

ExpressO

No abstract provided.

Agenda: Energy Field Tour 2004, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2004 (August 4-6)

Tour (day trips along the Front Range, originating in Boulder) held August 4-6, 2004.

Summary: Assorted articles, maps, brochures, and other materials prepared for participants of the tour

Contents:

2004 energy field tour agenda -- Mission and vision of the Natural Resources Law Center -- Natural Resources Law Center, University of Colorado School of Law : a brief introduction -- Boulder area street map 4 -- Chatauqua area map -- [Bus] Route 203/225 : Boulder/Lafayette/Baseline -- Boulder-Lafayette via Baseline [bus schedules]

WEDNESDAY, AUGUST 4, 2004: OIL & GAS PRODUCTION FACILITIES AND PLATTEVILLE GAS PROCESSING FACILITY: 'Our next shortage', The Washington …

Amendment No. 1 To The Zuni Indian Tribe Water Rights Settlement Agreement In The Little Colorado River Basin, Zuni Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Zuni Indian Tribe Water Rights Settlement in the Little CO River Basin Amendments 1 (July 8. 2004) Parties: Zuni Indian Tribe, US, AZ, AZ Game & Fish Commission, AZ State Land Department, AZ State Parks Board, St. Johns Irrigation & Ditch Co., Lyman Water Co., Round Valley Water Users’ Ass’n, Salt River Project Agricultural Improvement & Power District, Tucson Electric Power Co., City of St. Johns, Town of Eagar, and Town of Springerville. These Amendments are taken to conform the Settlement Agreement of 2002 to the Settlement Act of 2004. The amendments relate to changes to dates and …

The Ipperwash Inquiry - Symposium On Government/Police Relations: The Overview: Four Models Of Police-Government Relationships, Kent Roach

Conferences and Workshops

This chapter provides an introduction to police-governmental relations in Canada. It does so by outlining the law and history of police-government relations in Canada, constructing four different models of police-governmental relations and identifying critical issues that distinguish different approaches to police independence.

The first part of the chapter examines the contested legal basis for claims of police independence from government with a focus on the Supreme Court of Canada’s pronouncements on this issue in R. v. Campbell and Shirose. The second part examines highlights of the history of police-government relationships. Controversies such as the Nicholson affair, the Airbus, Doug Small …

The Ipperwash Inquiry - Symposium On Government/Police Relations: The Idea Of The Political "Independence" Of The Police: International Interpretations And Experiences, Philip Stenning

Conferences and Workshops

This chapter serves to clarify some of the key concepts. By graphically illustrating the relationship between degrees of ‘control’ and degrees of accountability it is argued that the two concepts are not incompatible. The term independence is then used in the chapter to refer only to decision-making that falls in what is pictured as the fourth quadrant: ‘full accountability’ with ‘no control’. The chapter then outlines the scope or range of the potentially ‘independent’ decision-making tasks.

Stenning discusses the growth of the ‘doctrine of police independence’. It is argued that what we might assume is a widely held value favouring …

The Ipperwash Inquiry - Symposium On Government/Police Relations: Memorandum Re June 28-29, 2004 Symposium

Conferences and Workshops

No abstract provided.

The Ipperwash Inquiry - Symposium On Government/Police Relations: Agenda

Conferences and Workshops

No abstract provided.

The Ipperwash Inquiry - Symposium On Government/Police Relations: The Oversight Of Executive Police Relations In Canada: The Constitution, The Courts, Administrative Processes And Democratic Governance, Lorne Sossin

Conferences and Workshops

This chapter critically examines two central questions. First, what are the mechanisms which constrain and define executive accountability and police oversight in Canada? Second, can the need for the police to remain above partisan politics and beyond manipulation by the government of the day be reconciled with these mechanisms of governance and accountability? Sossin argues that an apolitical and autonomous model is best suited to the dynamics of policing in a constitutional democracy such as Canada, and has the potential to balance the need for political input into policing while countering inappropriate political interference in policing.

The executive-police relationship is …

The Ipperwash Inquiry - Symposium On Government/Police Relations: Legal Sites Of Executive-Police Relations: Core Principles In A Canadian Context, Dianne L. Martin

Conferences and Workshops

This chapter provides an overview of the multiple sites where the governance of police in a democratic society is negotiated, with examples and solutions drawn from policy documents, public inquiries, legislation, and case law. Multiple factors bear on the ways that this intricately structured legal relationship is worked out in day-to-day situations, including political, institutional and legal influences. Bearing in mind the political and institutional contexts, this chapter examine the legal instruments and institutions that both structure the relationship and are part of resolving the inevitable conflicts that arise between these two very general concepts. The central argument is that …

The Ipperwash Inquiry - Symposium On Government/Police Relations: The History And The Future Of The Politics Of Policing, Margaret Beare

Conferences and Workshops

This chapter examines the operational realities of the police executive linkages—beyond the official dictates of the law and the desired position expressed in ideological discourses on police independence. Paper draws primarily on historical and criminological literature and research, and public inquiries.

The central argument of this paper is that, while there may be a somewhat clear-cut division between the’ policy’ versus the ‘operational’ control of the police by the State in law and in rhetoric, the reality is quite different. The relationship between the State and the police is a dynamic relationship that changes to reflect the nature of the …

The Ipperwash Inquiry - Symposium On Government/Police Relations: Police-Government Relations In The Context Of State-Aboriginal Relations, Gordon Christie

Conferences and Workshops

Common debates over government-police relations share a certain structure – the main realm of contention revolves around questions about how to resolve tension between the concern that the police should be free to act independent of political interference and the concern that the police should, in a liberal democracy, be held accountable for their actions. This paper looks at this tension in the context of state- Aboriginal relations, a process of contextualization that casts a critical eye on the efficacy of the typical forms of analysis that arise from this debate.

The first stage of analysis provides a contrast for …

Three Affiliated Tribes Health Facility Compensation Act, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report from the United States (US) House Committee on Resources, dated June 3, 2004, was written to accompany US Senate Bill 1146 which proposed the construction of a rural health care facility on the Fort Berthold Reservation, North Dakota. The estimated cost for construction of said facility is 20 million dollars. This facility is part of a continued attempt by the US government to compensate for loss of property, infrastructure, and way of life for the Mandan, Hidatsa, and Arikara people who were forced off their land on the Fort Berthold Reservation due to the construction of the Garrison …