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Indigenous, Indian, and Aboriginal Law

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Full-Text Articles in Law

Restoring The Rio Grande—What Will It Take?, Denise Fort Jun 1995

Restoring The Rio Grande—What Will It Take?, Denise Fort

Sustainable Use of the West's Water (Summer Conference, June 12-14)

18 pages.

Contains 1 page of references.


Arizona Water Management: New Problems And New Solutions, Herb Dishlip Jun 1995

Arizona Water Management: New Problems And New Solutions, Herb Dishlip

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.


An Act To Provide For The Settlement Of The Water Rights Claims Of The Yavapai-Prescott Indian Tribe In Yavapai County, Az, And For Other Purposes, United States 103rd Congress Oct 1994

An Act To Provide For The Settlement Of The Water Rights Claims Of The Yavapai-Prescott Indian Tribe In Yavapai County, Az, And For Other Purposes, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation: An Act To Provide for the Settlement of the Water Rights Claims of the Yavapai-Prescott Indian Tribe in Yavapai County, Arizona, and for Other Purposes, P.L. 103-434, 108 Stat. 4526 (Oct. 31, 1994. Parties: Yavapai-Prescott Indian Tribe, AZ, Prescott, Chino Valley Irrigation District & US. Title I of the Act is the Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1994, which ratifies the Settlement Agreement entered into by the Tribe, AZ, US, Prescott, and the Chino Valley Irrigation District. It provides for the settlement of all water between and among the parties. The Secretary is authorized to …


Ute Indian Rights Settlement Act, United States 102nd Congress Oct 1992

Ute Indian Rights Settlement Act, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation, Title V - Ute Indian Rights Settlement of the 1992 Act To authorize addition Act to authorize additional appropriations for the construction of the Buffalo Bill Dam & Reservoir, Shoshone Project, Pick-Sloan MO Basin Program, WY, PL 102-575, 106 Stat. 4601, 4650 (Oct. 30, 1992). Parties: US & Ute Tribe. The 1990 Compact is ratified. The Act and revised Ute Indian Compact of 1990 are intended to quantify the Tribe’s reserved water rights; allow increased beneficial use of the water and put the Tribe in the same economic position it would have enjoyed had the Upalco and Uintah …


The Public Interest: A Matter Of Discretion?, R. Keith Higginson Jun 1991

The Public Interest: A Matter Of Discretion?, R. Keith Higginson

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

15 pages.


Federal Regulatory Interests In Water, Patricia Sanderson Port Jun 1991

Federal Regulatory Interests In Water, Patricia Sanderson Port

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

39 pages.

Contains references.


The 1990 Fort Hall Water Rights Agreement: A Study In The Federal Trust Responsibility, Indian Self-Determination, And Water Rights Settlement, John S. Bushman Jun 1991

The 1990 Fort Hall Water Rights Agreement: A Study In The Federal Trust Responsibility, Indian Self-Determination, And Water Rights Settlement, John S. Bushman

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

171 pages.


Coordinated Water Management Under The Prior Appropriation Doctrine In New Mexico: The Rio Grande Case – The Pecos River Case, Eluid L. Martinez Jun 1991

Coordinated Water Management Under The Prior Appropriation Doctrine In New Mexico: The Rio Grande Case – The Pecos River Case, Eluid L. Martinez

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

26 pages.


Fort Mcdowell Indian Community Water Rights Settlement Of 1990 Act, 104th Congress Nov 1990

Fort Mcdowell Indian Community Water Rights Settlement Of 1990 Act, 104th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort McDowell Indian Community Water Rights Settlement of 1990 Act, Title IV of the Arizona Desert Wilderness Act of 1990 (Jan. 15, 1990) (PL 101-628, 104 Stat. 4469, 4480) Parties: Fort McDowell Indian Community, AZ, US, Salt River Valley Water Users Association, Salt River Project Agricultural Improvement and Power District, Roosevelt Water Conservation District, Chandler, Glendale, Mesa, Phoenix, Scottsdale, Tempe, Gilbert, & Central Arizona Water Conservation District. Act resolves Tribe's water rights in General Adjudication of the Gila River System and Source. Neighboring non-Indian communities will transfer rights to 12,000 a/f of surface water and provide means for …


Fort Hall Indian Water Rights Act Of 1990, United States 101st Congress Nov 1990

Fort Hall Indian Water Rights Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort Hall Water RIghts Act of 1990 (PL 101-602, 104 Stat. 3059, H.R. 5308) Parties: Shoshone-Bannock Tribes, ID, and US. The Act ratifies the Settlement Agreement. It protects existing uses through authorizing contracting for storage space in existing reserviors and placing limits on setting aside of final decree. It addresses the leases, transfers and uses of tribal rights, including instream flows, abandonment or forfieture and uses off reservation.The Act addresses contributions including: a Tribal Development Fund, construction of a Reservation Water Management System; acquisition of lands and grazing rights; places limits on per capita distributions to tribal members; …


Fallon Paiute Shoshone Indiantribes Water Rights Settlement Act Of 1990, United States 101st Congress Nov 1990

Fallon Paiute Shoshone Indiantribes Water Rights Settlement Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation & Settlement: The Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (PL 101-618, 104 Stat. 3289). There is no separate Settlement Agreement. Title I -- Fallon Paiute Shoshone Tribal Settlement Act creates the Fallon Paiute Shoshone Tribal Settlement Fund and authorizes appropriations of $3 M for 1992 and $8 M for each of 1993, 1994, 1995, 1996 and 1997 for a total of $43M. The income of the fund is authorized for Tribal economic development, rehabilitation of the irrigation system, acquisition of water rights and other listed purposes. The Tribes will develop a management plan …


Fort Hall Indian Water Rights Settlement Agreement Of 1990, Shoshone-Bannock Tribes Of The Fort Hall Indian Reservation, State Of Idaho, United States Jul 1990

Fort Hall Indian Water Rights Settlement Agreement Of 1990, Shoshone-Bannock Tribes Of The Fort Hall Indian Reservation, State Of Idaho, United States

Native American Water Rights Settlement Project

Settlement Agreement: Fort Hall Indian Water Rights Agreement of 1990. Parties: Shoshone Bannock Tribe and US. Agreement settles water rights arising under Second Treaty of Fort Bridger of July 3, 1868 and the Winters doctrine. The agreement recognizes a right to diversions from the Upper Snake River Basin of 581,031 a/f/y. Surface-water rights in Snake River and Sand Creek are 100-115,000 a/f/y depending on irrigation needs with a priority date of June 14, 1867. Due to Sand Creek water- fluctuations, an amount equal to that had in 1989 shall satisfy the right. Groundwater from Ross Fork Creek and Basin may …


Sources Of Water I: Agriculture – The Deep Pool?, Bonnie G. Colby Jun 1990

Sources Of Water I: Agriculture – The Deep Pool?, Bonnie G. Colby

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

34 pages (includes illustration).

Contains 2 pages of references.


Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center Jun 1990

Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.

Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.

The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …


The Missouri: River Of Promise Or River Of Peril?, John E. Thorson Jun 1989

The Missouri: River Of Promise Or River Of Peril?, John E. Thorson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

14 pages (includes 1 map).

Contains references.


Managing The Upper Rio Grande: Old Institutions, New Players, Steven J. Shupe Jun 1989

Managing The Upper Rio Grande: Old Institutions, New Players, Steven J. Shupe

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.


Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center Jun 1989

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …


The Fort Peck-Montana Compact: A Water Rights Settlement Negotiated By The Montana Reserved Water Rights Compact Commission And The Assiniboine And Sioux Tribes, Assiniboine And Sioux Tribes Of The Fort Peck Indian Reservation, Montana, Montana Reserved Water Rights Compact Commission Jun 1988

The Fort Peck-Montana Compact: A Water Rights Settlement Negotiated By The Montana Reserved Water Rights Compact Commission And The Assiniboine And Sioux Tribes, Assiniboine And Sioux Tribes Of The Fort Peck Indian Reservation, Montana, Montana Reserved Water Rights Compact Commission

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

43 pages.

Supplemental material for the conference presentation by Special Assistant Attorney General for the State of Montana, Marcia Beebe Rundle, titled The Montana Reserved Water Rights Compact Commission.


The Protection Of Instream Flows In Montana: A Legal-Institutional Perspective, Matthew J. Mckinney, Gary Fritz, Patrick Graham, Deborah Schmidt Mar 1988

The Protection Of Instream Flows In Montana: A Legal-Institutional Perspective, Matthew J. Mckinney, Gary Fritz, Patrick Graham, Deborah Schmidt

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

42 pages.

Contains references.


Final Report Of The Garrison Unit Joint Tribal Advisory Committee: Hearing Before The Select Committee On Indian Affairs, United States Senate, United States Congress, Us Senate Nov 1987

Final Report Of The Garrison Unit Joint Tribal Advisory Committee: Hearing Before The Select Committee On Indian Affairs, United States Senate, United States Congress, Us Senate

US Government Documents related to Indigenous Nations

This report from the United States (US) Senate Select Committee on Indian Affairs, dated November 19, 1987, includes a hearing transcript regarding the status of the Three Affiliated Tribes and the Standing Rock Nation in terms of just compensation for their taken lands. The hearing covers debate among the committee members regarding additional compensation for the tribes and it includes statements from members of the Three Affiliated Tribes and the Standing Rock Nation. Some committee members express concern about the amount of compensation requested for the tribes and the means of producing those funds. The issue of unfulfilled promises made …


Colorado Ute Indian Water Rights Final Settlement Agreement Of Dec. 19, 1986, State Of Colorado, Ute Mountain Ute Indian Tribe, Southern Ute Indian Tribe, United States Department Of The Interior, United States Department Of Justice, Animas-La Plata Water Conservancy District, Dolores Water Conservancy District, Florida Water Conservancy District, Mancos Water Conservancy District, Southwestern Water Conservation District, City Of Durango, Town Of Pagosa Springs, Florida Farmers Ditch Company, Florida Canal Company, Fairfield Communities, Inc. Dec 1986

Colorado Ute Indian Water Rights Final Settlement Agreement Of Dec. 19, 1986, State Of Colorado, Ute Mountain Ute Indian Tribe, Southern Ute Indian Tribe, United States Department Of The Interior, United States Department Of Justice, Animas-La Plata Water Conservancy District, Dolores Water Conservancy District, Florida Water Conservancy District, Mancos Water Conservancy District, Southwestern Water Conservation District, City Of Durango, Town Of Pagosa Springs, Florida Farmers Ditch Company, Florida Canal Company, Fairfield Communities, Inc.

Native American Water Rights Settlement Project

Settlement Agreement: The Colorado Ute Indian Water Rights Final Settlement Agreement (Dec. 10, 1986) The Ute Mountain Tribe is entitled to: water from the Dolores Project for municipal/industrial, irrigation and fish/wildlife purposes & development with a priority date of 1868. Repayment of construction costs allocable to irrigation purposes shall be deferred; water from the Animas-La Plata Project for municipal/ industrial and for irrigation with a priority date of 1868; water from the Mancos River for irrigation; water from the Navajo Wash for irrigation; and water from the San Juan River. The Southern Ute Tribe is entitled to: water from the …


An Act To Implement Certain Recommendations Made Pursuant To Public Law 98-360, United States Congress May 1986

An Act To Implement Certain Recommendations Made Pursuant To Public Law 98-360, United States Congress

US Government Documents related to Indigenous Nations

This public law, also known as "The Garrison Diversion Unit Reformulation Act of 1986" or United States (US) Public Law 99-294, passed on May 12, 1986, amended existing public law related to the Garrison Diversion Unit and addressed the major issues of meeting the water needs of North Dakota, addressing environmental impacts associated with the Garrison Diversion Unit, compensating farmers for lost land, honoring the Boundary Waters Treaty of 1909, and repaying Federal Loans that were used for the construction of the Garrison Diversion Unit.


To Implement Certain Recommendations Made Pursuant To Public Law 98-360, United States Congress, Us House Of Representatives Apr 1986

To Implement Certain Recommendations Made Pursuant To Public Law 98-360, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report, dated April 22, 1986, is the second part of a two-part report. The first report “Garrison Diversion Unit Reformulation Act of 1986 is dated April 9, 1986 and was written to accompany United States (US) House Resolution 1116.

This second part, presented by Morris K. Udall from the US House Committee on Interior and Insular Affairs, summarizes modifications proposed to the Garrison Diversion Unit and provides a cost estimated for the proposed bill. The report acknowledges the devastating effects that the Pick-Sloan Project had on the tribes living on Fort Berthold and Standing Rock reservations. US House Resolution …


Garrison Diversion Unit Reformulation Act Of 1986, United States Congress, Us House Of Representatives Apr 1986

Garrison Diversion Unit Reformulation Act Of 1986, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report from the United States (US) House Committee on Interior and Insular Affairs dated April 9, 1986, was written to accompany US House Resolution 1116 which seeks authorization for the construction of the Garrison Diversion Unit to help meet the water needs of North Dakota (ND). US House Resolution 1116 proposes improved repayment methods for irrigation and includes provisions that will compensate for farmland lost to the implementation of the Pick-Sloan Missouri Basin Program. This report includes a history of the Garrison Dam project, including problems encountered with the proposed implementation of irrigation which some in Congress criticized as …


Water Project Financing Needs In Colorado, J. William Mcdonald Jun 1985

Water Project Financing Needs In Colorado, J. William Mcdonald

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.


Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr. Jun 1985

Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr.

Western Water Law in Transition (Summer Conference, June 3-5)

16 pages.


Inefficiency, Waste, And Loss: Water Supplies Of The Future?, John W. Krautkraemer Jun 1985

Inefficiency, Waste, And Loss: Water Supplies Of The Future?, John W. Krautkraemer

Western Water Law in Transition (Summer Conference, June 3-5)

24 pages.

Contains references.


Administering Water Rights: The Colorado System, Raymond L. Petros Jun 1985

Administering Water Rights: The Colorado System, Raymond L. Petros

Western Water Law in Transition (Summer Conference, June 3-5)

140 pages (includes illustrations and maps).

Contains bibliography.


Western Water Law In Transition, Charles F. Wilkinson Jan 1985

Western Water Law In Transition, Charles F. Wilkinson

Publications

No abstract provided.


Reserved Water Rights Of Indian Allotments, Richard B. Collins Jun 1984

Reserved Water Rights Of Indian Allotments, Richard B. Collins

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

10 pages.

Contains references.