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- American Indian Law Review (17)
- Publications (12)
- Native American Water Rights Settlement Project (5)
- Books, Reports, and Studies (3)
- Golden Gate University Law Review (3)
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- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (3)
- Public Land & Resources Law Review (2)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (2)
- American Indian Law Journal (1)
- Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16) (1)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (1)
- Chapters in Books (1)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (1)
- Court Briefs (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Indigenous Water Justice Symposium (June 6) (1)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (1)
- Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1) (1)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (1)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (1)
- Oklahoma Law Review (1)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (1)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (1)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (1)
- Water Organizations in a Changing West (Summer Conference, June 14-16) (1)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (1)
- Publication Type
Articles 1 - 30 of 65
Full-Text Articles in Law
Brief Of Tribal Nations And Indian Organizations As Amici Curiae In Support Of The Navajo Nation, U.S. Supreme Court Docket No. 21-1484, Monte Mills, Heather D. Whiteman Runs Him, Dylan R. Hedden-Nicely, John E. Echohawk, Steven C. Moore, David L. Gover, Joe M. Tenorio, Ada Montague Stepleton, Morgan E. Saunders, Wesley James Furlong, Sydney Tarzwell
Brief Of Tribal Nations And Indian Organizations As Amici Curiae In Support Of The Navajo Nation, U.S. Supreme Court Docket No. 21-1484, Monte Mills, Heather D. Whiteman Runs Him, Dylan R. Hedden-Nicely, John E. Echohawk, Steven C. Moore, David L. Gover, Joe M. Tenorio, Ada Montague Stepleton, Morgan E. Saunders, Wesley James Furlong, Sydney Tarzwell
Court Briefs
SUMMARY OF ARGUMENT: The Winters Doctrine recognizes and gives effect to the promises made by the United States in treaties, congressionally ratified agreements, and executive orders that Tribal Nations would retain permanent and viable homelands. These promises, made in exchange for the Tribal Nations’ cession of billions of acres of land, paved the way for the non-Indian settlement of the West. Although every tribal homeland is unique, invariably, each requires water to be livable. Applying the canons of construction this Court has developed as part of its federal Indian law jurisprudence, as well as the history and circumstances surrounding the …
A Bold Plan For Saving The Colorado River, Mark Squillace
A Bold Plan For Saving The Colorado River, Mark Squillace
Publications
No abstract provided.
Aamodt Litigation Settlement Completion, United States 116th Congress
Aamodt Litigation Settlement Completion, United States 116th Congress
Native American Water Rights Settlement Project
Amends the Aamodt Litigation Settlement Act (Pub. L. 11-291) to increase funding for Pueblo Water Facilities from $106.4 million to $243.4 million and making available $137 million for Regional Water System funding.
Navajo Nation V. United States Department Of The Interior, Adam W. Johnson
Navajo Nation V. United States Department Of The Interior, Adam W. Johnson
Public Land & Resources Law Review
The Navajo Nation sued the United States government alleging the government breached its trust obligation over the allocation of water rights in the Colorado River Basin. On remand, the district court denied the Navajo Nation leave to file its third amended complaint for futility, holding that the general trust relationship was insufficient to support the Nation’s breach of trust claim.
Fighting On Behalf Of The Salish Sea, Cloie M. Chapman
Fighting On Behalf Of The Salish Sea, Cloie M. Chapman
American Indian Law Journal
Despite the wealth of data that suggests climate change will disrupt our ecosystems, key political actors have declined to take action to mitigate the anticipated effects. Further, we have seen deeper investment into the fossil fuel industry, an industry that has been a substantial contributor to climate change. Community-led movements have proven more successful in engaging with these issues on the ground. Creative legal strategies could aid in this movement and allow for strengthened enforcement of rights that are closely dependent on the health of the environment.
The Salish Sea is a body of water that reaches from Western Canada …
Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon
Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Joe Flotemersch, US Environmental Protection Agency (EPA), Office of Research and Development
21 slides
Slides: Policy Framework: Fpwec: First Peoples' Water Engagement Council, Phil Duncan, First Peoples' Water Engagement Council
Slides: Policy Framework: Fpwec: First Peoples' Water Engagement Council, Phil Duncan, First Peoples' Water Engagement Council
Indigenous Water Justice Symposium (June 6)
Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council
25 slides
Partial Final Judgment And Decree Of The Water Rights Of The Pueblos Of Nambé, Pojoaque, San Ildefonso, And Tesuque, Usdc, Dcnm
Native American Water Rights Settlement Project
Court Decree: Partial Final Judgment and Decree of the Water Rights of the Pueblos of Nambé, Pojoaque, San Ildefonso, and Tesuque
Parties: Pueblos of Nambé, Pojoaque, San Ildefonso, Tesuque.
Contents: Approval of Settlement Agreement p. 2; Acquired Water Rights p. 3; Nambé Water Rights p. 3; Pojoaque Water Rights p. 5; Tesuque Water Rights p. 7; San Ildefonso Water Rights p.9; Limitations p. 11; Enforcement, Administration, Held in Trust p. 12.
Attachments: Attachment 1, p. 13: Nambé irrigation uses, domestic, community, commercial and industrial uses, livestock uses; Attachment 2, p. 25: Pojoaque irrigation uses, domestic, community, commercial and industrial …
Tribes And Water In The Colorado River Basin, Colorado River Research Group
Tribes And Water In The Colorado River Basin, Colorado River Research Group
Books, Reports, and Studies
4 pages : charts.
The special nature of tribal water rights -- Quantified water rights -- The Colordo mainstream reservations -- Central Arizona tribes -- Upper basin tribes -- Outstanding / unresolved tribal claims -- The path forward.
Crow Tribe Of Indians – Montana Compact, Ariel E. Overstreet-Adkins
Crow Tribe Of Indians – Montana Compact, Ariel E. Overstreet-Adkins
Public Land & Resources Law Review
This order from the Montana Water Court approved the Crow Water Compact over objections by non-tribal water users in Montana. Although the Objectors have appealed the decision to the Montana Supreme Court, this order represents the next-to-last step in a process, started in 1979, to define and quantify the reserved water rights for current and future uses of the Crow Nation in Montana. The order provides a clear roadmap for other Montana tribes still seeking to achieve approval of a water compact by the Montana Water Court, and for objectors who would attempt to invalidate a compact in future proceedings.
Introduction To Big Horn General Stream Adjudication Symposium, Charles Wilkinson
Introduction To Big Horn General Stream Adjudication Symposium, Charles Wilkinson
Publications
No abstract provided.
Busted Pipes: A Review Of Tarrant Regional Water District V. Herrmann And The Lack Of Direction For Oklahoma And Texas Moving Forward In A Dry Environment, Jordan Lepage
American Indian Law Review
No abstract provided.
Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16)
The Colorado River is an economic, environmental and cultural lifeline of the southwestern United States, and the allocation of its scarce waters are a source of ongoing controversy. This year marks the 50th anniversary of the Supreme Court decision in Arizona v. California. While the case was an important landmark in the still-evolving relationship between these two Lower Basin states, it remains most relevant today by the way in which it clarified federal rights and responsibilities. This is especially true in the areas of federal (including tribal) reserved rights, the role of the Interior Secretary in Lower Basin water …
Climate Change And Its Effect On Indigenous Peoples Of The Southwest, Josh Merrill
Climate Change And Its Effect On Indigenous Peoples Of The Southwest, Josh Merrill
American Indian Law Review
No abstract provided.
Groundwater In New Mexico, Darcy Bushnell
Water Planning: An Opportunity For Managing Uncertainties At The Tribal-State Interface?, Stephen H. Greetham
Water Planning: An Opportunity For Managing Uncertainties At The Tribal-State Interface?, Stephen H. Greetham
Oklahoma Law Review
No abstract provided.
Report Surveys Colorado River Basin Leaders: Collaborative Approaches To Dwindling Supplies Are Highlighted, Sarah Bates, University Of Montana Missoula. Center For Natural Resources And Environmental Policy
Report Surveys Colorado River Basin Leaders: Collaborative Approaches To Dwindling Supplies Are Highlighted, Sarah Bates, University Of Montana Missoula. Center For Natural Resources And Environmental Policy
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
4 pages.
Press release "April 14, 2011"
"Executive Summary April 2011" of report, Thinking Like a River Basin: Leaders' Perspectives on Options and Opportunities in Colorado River Management
Full report available at:
http://www.carpediemwest.org/wp-content/uploads/Thinking_Like_A_River_Basin_8-20-13.pdf
United States' Statement Of Claims Of Water Rights In The New Mexico San Juan River Basin On Behalf Of The Navajo Tribe, United States
United States' Statement Of Claims Of Water Rights In The New Mexico San Juan River Basin On Behalf Of The Navajo Tribe, United States
Native American Water Rights Settlement Project
United States' Statement of Claims of Water Rights in the New Mexico San Juan River Basin on Behalf of the Navajo Tribe: Parties: United States, New Mexico, Navajo Nation. Contents:
I - Introduction, p.5;
II - Scope of Claims, p.5:
A. Legal Basis;
B. Lands for Which Water Rights are Claimed;
C. Priority Date;
D. Categories of Water Use;
E. Subsequent Revision or Supplement to Claims;
III - Claims on Behalf of the Navajo Nation, p.9:
- Domestic, Commercial, Municipal, and Industrial
- Heavy Industrial Activities
- Livestock
- Historic and Present Irrigation
- Future NIIP Irrigation
- Additional Future Irrigation – PIA Claims
- Impoundment Storage …
Supplemental Partial Final Decree Of The Water Rights Of The Navajo Nation, 11th Judicial District, San Juan County, State Of New Mexico
Supplemental Partial Final Decree Of The Water Rights Of The Navajo Nation, 11th Judicial District, San Juan County, State Of New Mexico
Native American Water Rights Settlement Project
Supplemental Partial Final Decree of the Water Rights of the Navajo Nation: Parties: Navajo Nation, NM, New Mexico, USA, United States.
Contents:
1. Jurisdiction, p.2; 2. Supplemental Decree, p.2; 3. Reserved Rights, p.2, including a) Livestock Water Use, p.4, b) Irrigation Water Use, p.6; 4. Water Rights Acquired under State Law, p.18; 5. Depletion Limits, p.22; 6. Allottees, p.24; 7. Limitations, p.24; 8. Disclaimers, p.27; 9. Jurisdiction after Entry of Decree, p.26; 10. Metering of Water Uses, p.26; 11. Records of Water Use, p.28; 12. Administration, p.32. [Source: https://sjrbadjudication.nmcourts.gov/navajo-inter-se-ab-07-1.aspx]
Aboriginal Title In The Canadian Legal System: The Story Of Delgamuukw V. British Columbia, Robert T. Anderson
Aboriginal Title In The Canadian Legal System: The Story Of Delgamuukw V. British Columbia, Robert T. Anderson
Chapters in Books
Canada is grappling with legal issues surrounding indigenous property rights on a scale not seen in the United States since the mid-nineteenth century. Fundamental questions of fairness and justice related to indigenous peoples’ property rights are in flux in the province of British Columbia–an area the size of the states of California, Oregon, and Washington combined. The recognition of aboriginal rights in the Canadian Constitution in 1982 and recent judicial developments made it clear to the provincial government that nearly the entire province may be subject to aboriginal title claims. Consequently, the aboriginal nations and B.C. government have embarked on …
Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias
Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias
American Indian Law Review
No abstract provided.
Five Tribes' Water Rights: Examining The Aamodt Adjudications' Mechem Doctrine To Predict Tribal Water Rights Litigation Outcomes In Oklahoma, Taylor Henderson
Five Tribes' Water Rights: Examining The Aamodt Adjudications' Mechem Doctrine To Predict Tribal Water Rights Litigation Outcomes In Oklahoma, Taylor Henderson
American Indian Law Review
No abstract provided.
Indian Law, Margaret Crow
Indian Law, Mark R. Peterson, May Lee Tong
Indian Law, Mark R. Peterson, May Lee Tong
Golden Gate University Law Review
No abstract provided.
Indian Law, Jeffrey A. Titus
Contemporary Water Issues, Susan Kelly
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Amanda Cronin, Washington Water Trust, Seattle, WA
23 slides
Slides: Adapting Western Water Policy For Resilience Under Climate Change, Bonnie G. Colby
Slides: Adapting Western Water Policy For Resilience Under Climate Change, Bonnie G. Colby
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Dr. Bonnie G. Colby, Professor of Resource Economics & Hydrology, University of Arizona Department of Agriculture & Resource Economics
22 slides
Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath
Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Shaun McGrath, Program Director, Western Governors’ Association
25 slides
Bridging The Governance Gap: Strategies To Integrate Water And Land Use Planning, Sarah Bates Van De Wetering, University Of Montana (Missoula). Public Policy Research Institute
Bridging The Governance Gap: Strategies To Integrate Water And Land Use Planning, Sarah Bates Van De Wetering, University Of Montana (Missoula). Public Policy Research Institute
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
16 pages.
Includes bibliographical references
"2007"
"Collaborative Governance Report 2"