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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)
- Western Water Law in Transition (Summer Conference, June 3-5) (4)
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- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (3)
- Coalbed Methane Development in the Intermountain West (April 4-5) (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)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (2)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (2)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (2)
- Scholarly Works (2)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (2)
- Water Organizations in a Changing West (Summer Conference, June 14-16) (2)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (2)
- Energy Field Tour 2003 (August 11-16) (1)
- Faculty Scholarship (1)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (1)
- Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1) (1)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (1)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (1)
- Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15) (1)
Articles 1 - 30 of 53
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 …
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
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 …
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 …
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: 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: 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
Slides: "Mitaku Oyasin" Means "We Are All Related", Bob Gough
Slides: "Mitaku Oyasin" Means "We Are All Related", Bob Gough
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Bob Gough, NativeEnergy, Inc.
72 slides
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.
Day 3. Wednesday, August 13, 2003: Coalbed Methane Development, University Of Colorado Boulder. Natural Resources Law Center
Day 3. Wednesday, August 13, 2003: Coalbed Methane Development, University Of Colorado Boulder. Natural Resources Law Center
Energy Field Tour 2003 (August 11-16)
10 pages (includes color illustrations and maps).
Memorandum Opinion Re Chippewa Cree Tribe-Mt Compact, Mt Water Court
Memorandum Opinion Re Chippewa Cree Tribe-Mt Compact, Mt Water Court
Native American Water Rights Settlement Project
Memorandum Opinion re Chippewa Cree Tribe-MT Compact, MT Water Court: Procedural History, p. 1; Preliminary Review of Chippewa Cree Tribe – Montana Compact p. 11; Summary of Compact p. 12; Preliminary Conclusion, P. 16; Objections and Heightened Review, p. 17; Conclusion p. 43.
Federal, State, And Local Regulatory Framework For Permitting Of Cbm Development, Kate Zimmerman
Federal, State, And Local Regulatory Framework For Permitting Of Cbm Development, Kate Zimmerman
Coalbed Methane Development in the Intermountain West (April 4-5)
17 pages.
Contains 5 pages of endnotes.
Coalbed Methane In The San Juan Basin Of Colorado And New Mexico, Catherine Cullicott, Carolyn Dunmire, Jerry Brown, Chris Calwell
Coalbed Methane In The San Juan Basin Of Colorado And New Mexico, Catherine Cullicott, Carolyn Dunmire, Jerry Brown, Chris Calwell
Coalbed Methane Development in the Intermountain West (April 4-5)
35 pages (includes color illustrations and maps).
Contains 6 pages of endnotes.
Concluding Comments, Ayn Schmit
Concluding Comments, Ayn Schmit
Coalbed Methane Development in the Intermountain West (April 4-5)
2 pages.
Memorandum Opinion Re Assiniboine And Sioux Tribes Of Fort Peck Indian Reservation, Water Court Of State Of Montana
Memorandum Opinion Re Assiniboine And Sioux Tribes Of Fort Peck Indian Reservation, Water Court Of State Of Montana
Native American Water Rights Settlement Project
Post Settlement Court Opinion: Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, MT, Montana, Montana Reserved Water Rights Compact Commission, United States. Opinion disposes of three objections to settlement/Compact. It concludes that Compact is analogous to consent decree; objector has the initial burden of production; standard for approving a consent decree is that it is at least fair, adequate and reasonable, made in good faith, with arms-length negotiations and conforms to applicable laws; settlement must be in public’s interest but not necessarily in the public’s best interest, if otherwise reasonable; objectors must show that they claimed rights are …
Clarifying State Water Rights And Adjudications, John E. Thorson
Clarifying State Water Rights And Adjudications, John E. Thorson
Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)
32 pages.
Contains references.
The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches
The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches
Publications
No abstract provided.
Federal Facilitation Of Water Rights Negotiations In The West, Mike Connor
Federal Facilitation Of Water Rights Negotiations In The West, Mike Connor
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
11 pages.
Do Basin-Wide Adjudications Work, For Tribes Or Anyone Else?, Reid Peyton Chambers
Do Basin-Wide Adjudications Work, For Tribes Or Anyone Else?, Reid Peyton Chambers
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
3 pages.
Basin-Wide Adjudications In The West: What Works, What Doesn’T?, Ramsey L. Kropf
Basin-Wide Adjudications In The West: What Works, What Doesn’T?, Ramsey L. Kropf
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
18 pages.
Contains 2 pages of references.
The Nineties: Major Developments In Western Water Law, David H. Getches
The Nineties: Major Developments In Western Water Law, David H. Getches
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
34 pages.
Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center
Sustainable Use of the West's Water (Summer Conference, June 12-14)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Teresa A. Rice, Elizabeth A. Rieke and Charles F. Wilkinson.
Sustainable development is on the policy agenda for the '90s. What does sustainability mean? Is it a realistic concept? Are water rights compatible with sustainable use? The Center's 16th annual summer conference will explore the meaning of sustainability in the context of the West's demands, development, and natural values. Presentations by leading experts will address the broad concept of sustainable development, with a particular look at Arizona's experience. The focus will be …
Agenda: Water Organizations In A Changing West, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Water Organizations In A Changing West, University Of Colorado Boulder. Natural Resources Law Center
Water Organizations in a Changing West (Summer Conference, June 14-16)
Conference organizers, faculty and/or moderators included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches and James N. Corbridge, Jr.
Water organizations in the western United States range from small, traditional acequia associations to large metropolitan water suppliers. What do these vastly different kinds of organizations have in common? All are feeling the pressures of change in the region--growing urban populations, environmental concerns, and calls for public participation.
This year's summer program will examine how water organizations are adapting to these pressures for change. Speakers drawn from urban, agricultural, and community organizations will share their experiences …
Water Organizations In The West, Barton H. Thompson, Jr.
Water Organizations In The West, Barton H. Thompson, Jr.
Water Organizations in a Changing West (Summer Conference, June 14-16)
37 pages.
Contains references.
Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, Charles F. Wilkinson and Richard B. Collins.
Pressures of population, drought, and changing water use have provided the impetus for numerous innovations in water law and management in recent years. The Center's annual conference June 5-7, 1991, will look at innovation and change in five areas--water planning, special water management areas, negotiated settlements of tribal water rights, conjunctive use of ground and surface water, and public values in water decision making. Each session will begin with talks by experts from several western …
Designing Dispute Resolution Systems For Water Policy And Management, Karen L. Barclay, Matthew J. Mckinney
Designing Dispute Resolution Systems For Water Policy And Management, Karen L. Barclay, Matthew J. Mckinney
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
34 pages.
Contains references.
The Northwest Power Planning Council: A Model For Cooperative Planning In The Missouri Basin?, Gerald Mueller
The Northwest Power Planning Council: A Model For Cooperative Planning In The Missouri Basin?, Gerald Mueller
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
16 pages.
Contains references.