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Full-Text Articles in Law
Water Law—Quantification Of Water Rights Claimed Under The Implied Reservation Doctrine For National Forests—United States V. New Mexico, 438 U.S. 696 (1978), Michael Wrenn
Washington Law Review
United States v. New Mexico is the first Supreme Court decision to quantify reserved water rights available for the national forests. The narrow scope accorded the implied reservation doctrine as applied to the United States' claims for water for recreational and wildlife purposes reflects recognition by the Court that the implied reservation doctrine will be limited in the face of competing claims based on state law. The Court's decision limits federal interests under the reserved rights doctrine without providing adequate protection for the water needs of the national forests. The decision also deprives the implied reservation doctrine of the flexibility …
Accommodation Of Indian Treaty Rights In An International Fishery: An International Problem Begging For An International Solution, Kenneth E. Petty
Accommodation Of Indian Treaty Rights In An International Fishery: An International Problem Begging For An International Solution, Kenneth E. Petty
Washington Law Review
This comment will analyze the relative success of the various approaches taken to implement Indian treaty rights in the international fishery. It will discuss the domestic litigation resulting from these approaches and will identify the key legal issues involved. Finally, it will suggest possible means of resolving the dilemma in which the United States currently finds itself. By providing an appreciation of both the scientific complexities of managing this valuable resource and the limitations on unilateral judicial efforts in the United States, it will become apparent that the solution to this sensitive problem rests not in unilateral, but in cooperative …