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Articles 1 - 13 of 13
Full-Text Articles in Law
A Bold Plan For Saving The Colorado River, Mark Squillace
A Bold Plan For Saving The Colorado River, Mark Squillace
Publications
No abstract provided.
Marketing Conserved Water, Mark Squillace, Anthony Mcleod
Marketing Conserved Water, Mark Squillace, Anthony Mcleod
Publications
Water law scholars have long supported water markets for addressing critical water needs, especially in arid regions like the western United States, and that support seems to be growing among policymakers as well. But translating academic theories about water markets to the field has proved challenging. To be sure, water can be transferred from one use to another use in all western states, but water markets in those states are not presently capable of providing prospective buyers with a reliable source of water when and where they need it. The reasons are myriad, but are primarily related to the high …
Introduction To Big Horn General Stream Adjudication Symposium, Charles Wilkinson
Introduction To Big Horn General Stream Adjudication Symposium, Charles Wilkinson
Publications
No abstract provided.
The First Half Century Of Western Water Reform: Have We Kept Faith With The Rivers Of The West?, Charles Wilkinson
The First Half Century Of Western Water Reform: Have We Kept Faith With The Rivers Of The West?, Charles Wilkinson
Publications
No abstract provided.
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Publications
No abstract provided.
Indigenous Peoples' Rights To Water Under International Norms, David H. Getches
Indigenous Peoples' Rights To Water Under International Norms, David H. Getches
Publications
In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, …
Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge Jr.
Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge Jr.
Publications
No abstract provided.
Transferring Indian Reserved Rights To Instream Flows: Lessons From The Big Horn Adjudication, Mark Squillace
Transferring Indian Reserved Rights To Instream Flows: Lessons From The Big Horn Adjudication, Mark Squillace
Publications
No abstract provided.
Preface, Charles F. Wilkinson
Water Marketing In Wyoming, Mark Squillace
Indian Allotment Water Rights, Richard B. Collins
Indian Allotment Water Rights, Richard B. Collins
Publications
Allotted tribal lands create troublesome questions for western water lawyers. In this article the author reviews the history of basic Indian reservation water rights created by the Supreme Court's landmark decision in Winters v. United States. He then explains the disposition of those rights when reservation lands are allotted. Finally, he discusses the difficult issues that arise when allotted lands pass from the federal trust become subject to state law, and are transferred to non-Indians.
Perspectives On Water And Energy In The American West And In Indian Country, Charles F. Wilkinson
Perspectives On Water And Energy In The American West And In Indian Country, Charles F. Wilkinson
Publications
No abstract provided.
Water Rights On Indian Allotments, David H. Getches
Water Rights On Indian Allotments, David H. Getches
Publications
Development of individually-held reservation lands for agriculture, mining, or commerce almost always depends on a supply of water. Thus, it is essential that owners of land within a reservation have some certainty of their water rights. No statute or other source, however, expressly defines water rights on Indian allotments. This article attempts to define those water rights by examining the allotment policy and legislation in light of the reserved water rights doctrine. The author concludes that no reserved rights may be held by individuals, but that during the period of trust some of those rights may be used by allottees. …