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A New Moment For Indian Water Rights Settlements, Max Clayton Jan 2024

A New Moment For Indian Water Rights Settlements, Max Clayton

Natural Resources Journal

Indian water rights settlements have been the primary mechanism to resolve water conflicts between tribal governments and state, municipal, and non-governmental parties. Although scholars have for decades roundly criticized settlements for their many shortcomings, this paper suggests that a combination of forces has altered the conditions for Indian water rights settlements. Settlement remains a difficult process, but a new moment for Indian water rights settlement may have arrived. This paper explains how political conditions have changed and makes a novel legal argument to supply a strategy for tribal governments to advance their bargaining position in settlement discussions.


Aamodt Litigation Settlement Completion, United States 116th Congress Dec 2020

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.


Partial Final Judgment And Decree Of The Water Rights Of The Pueblos Of Nambé, Pojoaque, San Ildefonso, And Tesuque, Usdc, Dcnm Mar 2016

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 …


Groundwater In New Mexico, Darcy Bushnell Oct 2012

Groundwater In New Mexico, Darcy Bushnell

Publications

No abstract provided.


United States' Statement Of Claims Of Water Rights In The New Mexico San Juan River Basin On Behalf Of The Navajo Tribe, United States Jan 2011

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:

  1. Domestic, Commercial, Municipal, and Industrial
  2. Heavy Industrial Activities
  3. Livestock
  4. Historic and Present Irrigation
  5. Future NIIP Irrigation
  6. Additional Future Irrigation – PIA Claims
  7. Impoundment Storage …


Supplemental Partial Final Decree Of The Water Rights Of The Navajo Nation, 11th Judicial District, San Juan County, State Of New Mexico Jan 2011

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]


Contemporary Water Issues, Susan Kelly Nov 2009

Contemporary Water Issues, Susan Kelly

Publications

No abstract provided.


Answer Of Intervening Defendant, The Navajo Nation, Navajo Nation Jun 1977

Answer Of Intervening Defendant, The Navajo Nation, Navajo Nation

Native American Water Rights Settlement Project

Tribal Claims: Answer of Intervening Defendant, the Navajo Tribe. Parties: Navajo Nation Contents: Answer to Plaintiff’s Complaint, I – Answer to Plaintiff’s Complaint, p.1; II – Affirmative Defenses, p.3; III – Affirmative Claims, p.4; Request for an Order declaring that first, the US holds in trust for the Navajo Nation sufficient water rights to meet the present and future needs of the Navajo people for irrigation, domestic, industrial, aesthetic, recreational, and streamflow maintenance purposes. The Order should find that these rights are sourced in the surface water and the groundwater of the San Juan River system in New Mexico. The …