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- Law Faculty Publications (21)
- Coalbed Methane Development in the Intermountain West (April 4-5) (9)
- Faculty Journal Articles & Other Writings (9)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (6)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (5)
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- Native American Water Rights Settlement Project (4)
- Publications (4)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (4)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (4)
- Water Organizations in a Changing West (Summer Conference, June 14-16) (4)
- Western Water Law in Transition (Summer Conference, June 3-5) (4)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (3)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (3)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (3)
- Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1) (3)
- Scholarly Works (3)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (3)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (3)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (2)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (2)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (2)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (2)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (2)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (2)
- Shale Plays in the Intermountain West: Legal and Policy Issues (November 12) (2)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (2)
- Water and Growth in the West (Summer Conference, June 7-9) (2)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (2)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (2)
- Winter, Wilderness, and Climate--Threats and Solutions (October 12) (2)
Articles 1 - 30 of 144
Full-Text Articles in Law
Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks
Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks
Publications
The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) has acknowledged varying ways in which international actors can protect, respect and remedy the rights of indigenous peoples. One of these methods is the concept of free, prior and informed consent (FPIC) as described in Articles 10, 19, 28 and 29. There has been much debate in the international community over the legal status of the UNDRIP, and member states have done little to implement it. In applied contexts, many entities like extractive industries and conservation groups are aware of risks inherent in not soliciting FPIC and have endeavored to …
Blackfeet Water Rights Settlement Act Of 2016, United States 114th Congress
Blackfeet Water Rights Settlement Act Of 2016, United States 114th Congress
Native American Water Rights Settlement Project
Federal Legislation: Blackfeet Water Rights Settlement Act of 2016, in Water Infrastructure Improvements for the Nation Act, Title III, Subtitle G. PL 114-322, ** Stat. *** (Dec. 16, 2016). This Act authorizes, ratifies, and confirms the water rights compact between the Blackfeet Nation and Montana dated April 15, 2009, as modified to be consistent with this subtitle. The Act relates to the Blackfeet Nation’s water rights in the Milk River, Milk River Project, St. Mary River, instream flow rights, and rights in Lake Elwell and any water rights arising out of MT state law. The legislation authorized $422 million in …
Slides: Flpma In Its Historical Context, John D. Leshy
Slides: Flpma In Its Historical Context, John D. Leshy
FLPMA Turns 40 (October 21)
Presenter: John D. Leshy, Sunderland Distinguished Professor of Law Emeritus, U.C. Hastings College of the Law
36 slides
This session traces the history of FLPMA including, among other things, its legislative, administrative, and historical antecedents, including for example, the Public Land Law Review Commission’s 1970 report, One Third of Our Nation’s Lands. It then considers FLPMA’s unique public lands policies and requirements and how they are reflected in the BLM’s management of public lands today.
See: https://www.nps.gov/parkhistory/online_books/blm/history/contents.htm
Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters
Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters
Winter, Wilderness, and Climate--Threats and Solutions (October 12)
In partnership with the Getches-Wilkinson Center, join The Wilderness Society and Protect Our Winters for an interactive presentation about energy development and climate impacts on public lands.
This event was held on Wednesday, October 12, 2016, 5:30 - 7:30 p.m., in the University of Colorado Law School, Wolf Law Building, Wittemyer Courtroom.
Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine
Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine
Winter, Wilderness, and Climate--Threats and Solutions (October 12)
Presenters:
Jim Ramey, The Wilderness Society
Lindsay Bourgoine, Protect Our Winters
56 slides
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey
Research Data
These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015), available at http://scholar.law.colorado.edu/articles/56/. Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.
Plenary Power, Political Questions, And Sovereignty In Indian Affairs, Michalyn Steele
Plenary Power, Political Questions, And Sovereignty In Indian Affairs, Michalyn Steele
Faculty Scholarship
A generation of Indian law scholars has roundly, and rightly, criticized the Supreme Court’s invocation of the political question doctrine to deprive tribes of meaningful judicial review when Congress has acted to the detriment of tribes. Similarly, many Indian law scholars view the plenary power doctrine — that Congress has expansive, virtually unlimited authority to regulate tribes — as a tool that fosters and formalizes the legal oppression of Indian people by an unchecked Federal government. The way courts have applied these doctrines in tandem has frequently left tribes without meaningful judicial recourse against breaches of the federal trust responsibility …
Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, Ramsey L. Kropf
Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, Ramsey L. Kropf
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Ramsey L. Kropf, Deputy Solicitor for Water Resources, Office of the Solicitor, U.S. Department of the Interior
34 slides
Slides: The Columbia River Treaty, Barbara Cosens
Slides: The Columbia River Treaty, Barbara Cosens
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Barbara Cosens, Professor, University of Idaho College of Law and Waters of the West Graduate Program
22 slides
Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols
Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Peter D. Nichols, Esq., Partner, Berg, Hill, Greenleaf and Ruscitti, Boulder, CO
25 slides
The Mother's Day Column: Parent-Child Evidentiary Privilege In Montana, Cynthia Ford
The Mother's Day Column: Parent-Child Evidentiary Privilege In Montana, Cynthia Ford
Faculty Journal Articles & Other Writings
In this article the author examines the lack of parent-child evidentiary privilege in Montana.
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School
34 slides
He Loves Me? He Loves Me Not? He Wants To Keep Me From Testifying?, Cynthia Ford
He Loves Me? He Loves Me Not? He Wants To Keep Me From Testifying?, Cynthia Ford
Faculty Journal Articles & Other Writings
This article discusses spousal privilege as it exists in Montana.
Montana's Rural Version Of The School-To-Prison Pipeline: School Discipline And Tragedy On American Indian Reservations, Melina Healey
Montana's Rural Version Of The School-To-Prison Pipeline: School Discipline And Tragedy On American Indian Reservations, Melina Healey
Scholarly Works
American Indian adolescents in Montana are caught in a school-to prison pipeline. They are plagued with low academic achievement, high dropout, suspension and expulsion rates, and disproportionate contact with the juvenile and criminal justice systems. While these are typical of the school-to-prison phenomenon as it also appears in poor minority communities across the country, the rates and the disproportion for American Indians in Montana are particularly acute. Even more disturbing, many American Indian students in Montana are also the victims of another heartbreaking trend related to the school-to-prison pipeline — alarming levels of adolescent suicides and self-harm. The tragic situation …
"Santa Baby, Just Slip A Sable Under The Tree For Me:" Or At Least A Catchall Exception To The Hearsay Rule?, Cynthia Ford
"Santa Baby, Just Slip A Sable Under The Tree For Me:" Or At Least A Catchall Exception To The Hearsay Rule?, Cynthia Ford
Faculty Journal Articles & Other Writings
This article examines Montana's two rule-based "catchall" or "residual" hearsay exceptions, and a statutory exception that applies only to child declarants in criminal cases.
"As I Lay Dying:" A Halloween Meditation On The Use Of Dying Declarations In Montana, Cynthia Ford
"As I Lay Dying:" A Halloween Meditation On The Use Of Dying Declarations In Montana, Cynthia Ford
Faculty Journal Articles & Other Writings
This article discusses the Montana hearsay exception for "dying declarations."
The Supreme Court And The Ppl Montana Case: Examining The Relationship Between Navigability And State Ownership Of Submerged Lands, Richard C. Ausness
The Supreme Court And The Ppl Montana Case: Examining The Relationship Between Navigability And State Ownership Of Submerged Lands, Richard C. Ausness
Law Faculty Scholarly Articles
The United States Supreme Court held in PPL Montana v. Montana held that the State of Montana did not own the beds beneath certain rivers and, therefore, rejected the State's claim that the power company owed it millions of dollars in "back rent" for the use of the riverbeds as sites for ten of its hydroelectric power plants. The Montana Supreme Court, which had ruled in favor of the State, declared that even if portions of a river were not navigable for commercial purposes because of physical conditions, the entire river would be treated as navigable if commercial traffic could …
The School-To-Prison Pipeline Tragedy On Montana's American Indian Reservations, Melina Healey
The School-To-Prison Pipeline Tragedy On Montana's American Indian Reservations, Melina Healey
Scholarly Works
American Indian adolescents in Montana are caught in a school-to-prison pipeline. They are plagued with low academic achievement, high dropout, suspension and expulsion rates, and disproportionate contact with the juvenile and criminal justice systems. This phenomenon has been well documented in poor, minority communities throughout the country. But it has received little attention with respect to the American Indian population in Montana, for whom the problem is particularly acute. Indeed, the pipeline is uniquely disturbing for American Indian youth in Montana because this same population has been affected by another heartbreaking and related trend: alarming levels of adolescent suicides and …
Foreword: The State Of The Republican Form Of Government In Montana, Anthony Johnstone
Foreword: The State Of The Republican Form Of Government In Montana, Anthony Johnstone
Faculty Law Review Articles
This foreword to the 2012 Browning Symposium contributes to the discussion of republican forms of government in the states by situating Montana's experience in broader themes of federal intervention in state republicanism. It serves as an epilogue to match Jeff Wiltse's prologue, which reexamines the election in 1912 that gave birth to the Corrupt Practices Act by examining the aftermath of the U.S. Supreme Court's burial of that law 100 years later.
Part I of the foreword considers the recent federal constitutional challenges that dismantled elements of the republican form of government that prevailed in Montana for the past century. …
Slides: Introduction To Large-Scale Planning And The Intermountain Bmp Project, Kathryn Mutz
Slides: Introduction To Large-Scale Planning And The Intermountain Bmp Project, Kathryn Mutz
Best Management Practices (BMPs): What? How? And Why? (May 26)
Presenter: Kathryn Mutz, Natural Resources Law Center, University of Colorado School of Law
18 slides
Slides: Collaborative Planning And Lessons Learned, Matt Sura
Slides: Collaborative Planning And Lessons Learned, Matt Sura
Best Management Practices (BMPs): What? How? And Why? (May 26)
Presenter: Matt Sura, University of Colorado Law School
48 slides
Agenda: Shale Plays In The Intermountain West: Legal And Policy Issues, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Shale Plays In The Intermountain West: Legal And Policy Issues, University Of Colorado Boulder. Natural Resources Law Center
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
This one-day symposium to be held at the Grand Hyatt hotel in Denver will address the technology, economics, environmental impacts, and regulatory issues associated with shale gas development in the Rocky Mountain region. The purpose of this event is to facilitate productive dialogue among a wide range of stakeholders and interested parties to guide policy decisions.
Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer
Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
74 pages.
This paper was originally published as:
Bruce M. Kramer, “Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?,” 55 Rocky Mt. Min. L. Inst. 8-1, § 8.05 (2009).
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: Kathryn Mutz, Natural Resources Law Center, University of Colorado at Boulder
21 slides
Slides: Second Thoughts About The Antiquities Act: Does The Process For Public Land Decisionmaking Have An Ethical Dimension?, James R. Rasband
Slides: Second Thoughts About The Antiquities Act: Does The Process For Public Land Decisionmaking Have An Ethical Dimension?, James R. Rasband
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: James R. Rasband, Dean of the J. Reuben Clark Law School, Brigham Young University (Provo, UT)
32 slides
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Best Practices for Community and Environmental Protection (October 14)
Presenter: Kathryn Mutz, Natural Resources Law Center
19 slides
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO
27 slides
Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp
Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Adam Schempp, Environmental Law Institute, Washington, DC
12 slides
Slides: Indian Water Rights, Robert T. Anderson
Slides: Indian Water Rights, Robert T. Anderson
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Robert T. Anderson, Native American Law Center, University of Washington Law School
19 slides
Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen
Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Melinda Kassen, Director of the Western Water Project, Trout Unlimited
12 slides