Law Commons^™

Choctaw Nation Of Oklahoma And The Chickasaw Nation Water Settlement, United States 114th Congress

Native American Water Rights Settlement Project

Federal Legislation; Parties: Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City, Oklahoma, United States. Purposes, pp 169-170; Definitions, pp. 170-2; Approval of Settlement Agreement, pp. 172-3; Approval of Amended Storage Contract & 1974 Storage Contract, pp.173-5; Settlement Area Waters, pp. 175-7; City Permit for Appropriation of Surface Water from the Kiamichi River, p. 177; Settlement Commission, pp. 177-8; Waivers and Releases of Claims, pp. 178-183; Enforceability Date, pp. 183-5; Jurisdiction, Waivers of Immunity for Interpretation and Enforcement, pp. 185-6; Disclaimers, pp. 186-7. [Source: Government Printing Office http://www.gpo.gov]

High Court Denies Rights Of Natives, Barbara L. Creel, John Lavelle

Faculty Scholarship

June 13 of this year marked a milestone in constitutional law. Fifty years earlier, in 1966, the Supreme Court decided Miranda v. Arizona, requiring officers to notify individuals in police custody of their “Miranda rights,” including their right to a court-appointed lawyer if unable to afford one.

In United States v. Bryant, this nation’s highest court condoned the use of prior “uncounseled” tribal court convictions to charge and convict an Indian as a federal habitual domestic violence offender.

Justice Ruth Bader Ginsburg, who wrote Bryant, denigrates Indian people’s civil rights, citing the need to protect Native women from domestic violence. …

Time To Empower Tribal Authorities, Kevin Washburn

Faculty Scholarship

No abstract provided.

Modrall Sperling Interviews Kevin Washburn About Indian Law And Returning To New Mexico, Kevin Washburn

Faculty Scholarship

Reflections on Service as Assistant Secretary-Indian Affairs, the State of Indian Law in 2016, and Returning Home to New Mexico

Montana Standard Interviews Barbara Creel On The Violence Against Women Act And Double Standards, Barbara L. Creel

Faculty Scholarship

Barbara Creel, Southwest Indian Law Clinic Director Professor at the University of New Mexico, agreed with Babcock that the case was not about tribal sovereignty.

Yet she said the case reveals inequities in the criminal justice system of tribes created when Congress told them how to structure their governments under the Indian Reorganization Act but did not provide sufficient funding or additional legal protections to make those systems function as intended.

Additionally, in a brief she and colleagues filed to the court, Creel argues that the Violence Against Women Act creates a discriminatory double standard.

Supreme Court Brief Interviews Creel, Barbara L. Creel

Faculty Scholarship

If tribal courts provided competent counsel to indigent Indian defendants, Creel said, "Then I would say, 'Prosecute all day long.' But [federal prosecutors] are trying to short-circuit that. They're saying because we have this epidemic, let's make it easier for everyone involved. That's against constitutional values and tribal values."

Creel asks the justices to hold that all persons facing incarceration must have the same protections in place. "That wouldn't apply the Constitution to tribes but it would disallow federal prosecutors from using uncounseled convictions."

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 …

Brief For Barbara L. Creel And The Tribal Defender Network, Us V. Bryant, Barbara L. Creel, John Lavelle

Faculty Scholarship

Although Congress intended to protect women in Indian Country from domestic abuse, they condoned the use of prior “uncounseled” tribal court convictions to charge and convict an Indian as a federal habitual domestic violence offender.

Justice Ruth Bader Ginsburg, who wrote Bryant, denigrates Indian people’s civil rights, citing the need to protect Native women from domestic violence. But Department of Justice statistics show most domestic violence perpetrators in Indian country are non-Indians, and the Bryant decision leaves intact their constitutional rights, including the right to appointed counsel.

U.S. Restores Millions Of Acres To Native Americans, Kevin Washburn

Faculty Scholarship

The Obama Administration has restored nearly 2 million acres to tribal ownership in a variety of different ways.

Partial Final Judgment And Decree On The Water Rights Of Taos Pueblo, Usdc, Dcnm

Native American Water Rights Settlement Project

Court Decree: Partial Final Judgment and Decree on the Water Rights of Taos Pueblo: Parties: Taos Pueblo, New Mexico, USA, Town of Taos, Taos Valley Acequia Association, El Prado Water and Sanitation District, 12 Mutual Domestic Water Consumer Associations. Recitals; Approval of Settlement Agreement; Contract Rights to Water from San Juan - Chama Project; Historic and Existing Use Water Rights; Historically Irrigated Acreage; Municipal, Domestic, and Industrial Use; Livestock Use; Groundwater Rights; Disclaimers; Records of Water Use; Change of Use; Rights Held in Trust; Conclusions; Entry and Modification of Decree. 38 Exhibits: 5973-1 Taos Pueblo Settlement Agreement; 5973-2, Att. 1 …

Uncounseled Convictions A Threat To Indians, John P. Lavelle

Faculty Scholarship

The Supreme Court is now poised to address whether a tribal court conviction that did not give the Indian defendant representation by a lawyer can be used to increase the sentence when the Indian is later prosecuted on a federal domestic assault charge.

Cedar Mesa Proposal Good For All, Kevin Washburn

Faculty Scholarship

A coalition of tribes, led by the Hopi and the Navajo, and including the Utes of Colorado and Utah and several of New Mexico’s pueblos have asked President Obama to use the Antiquities Act to declare this landscape a national monument to be protected alongside other nearby national treasures, such as Arches, Canyonlands, Bryce Canyon and Zion National Parks.

Border Town Bullies: The Bad Auto Deal And Subprime Lending Problem Among Navajo Nation Car Buyers, Megan Horning

Student Published Scholarship

This article argues that due to the circumstances of Navajo Nation residents, Navajo car buyers have a greater need for cars and are therefore disproportionately harmed by unfair border town auto deals and subprime auto loans. Additionally, this article suggests several ways to address these issues while acknowledging the conundrum created if Navajo Nation residents are prevented from buying cars.

Part I of this article describes the current U.S. auto sales and lending process, including the stages of car buying, credit score calculation, and how national auto sales, lending, and investment markets profit from unfair car sales and subprime lending. …

Recurring Issues In Indian Gaming Compact Approval, Kevin Washburn

Faculty Scholarship

Achieving agreement between a state and a tribe, and then achieving ratification of that agreement through state and tribal legislative processes, are challenging endeavors. Failing to account for the need for federal approval can undermine the entire negotiation process. The purpose of this article is to highlight several recurring problem areas that can place compact approval at risk. These include the requirement in IGRA that a compact avoid issues that are not germane to gaming,that the compact avoid regulating Class II gaming,which is beyond state authority, and the requirementthat the state avoid expanding its reach over ancillary services and spaces …

Biagaweit: Securing Water From The Mighty River In The Snake River Basin Adjudication, Jeanette Wolfley

Faculty Scholarship

This symposium article describes the Shoshone and Bannock peoples journey to quantify their water rights in the SRBA. It begins with the Shoshone-Bannock Tribal cultural perspective on water and water rights. It then discusses the concept of tribal homelands and the water required and necessary for sustaining a tribally reserved home as guaranteed in the Fort Bridger Treaty of 1868, including a discussion of the Winters doctrine which affirms the treaty's promises. It concludes with a review of the Fort Hall Indian Water Rights Agreement. 'Biagaweit' is the Shoshone word for the Snake River. The mighty Snake River begins its …

Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Jensen V. Exc, Inc., John P. Lavelle, Geoffrey R. Romero, Michael J. Barthelemy

Faculty Scholarship

The petitioners argue:

1) Supervisory Review is Needed Because the District Court and the Ninth Circuit Automatically Aligned U.S. Highway 160 with Alienated, Non-Indian Fee Land, Ignoring this Court’s Context-Specific, Multifactor Methodology for Determining the Status of Reservation Roadways for Tribal Jurisdictional Purposes.

2) Supervisory Review is Also Necessary Because Both Lower Courts Refused to Apply Supreme Court Precedents Governing Whether an Indian Tribe Retains Treaty-Based Authority over the Conduct of Nonmembers on a Tribe’s Reservation, Effecting an Impermissible Judicial Abrogation of the Navajo Nation’s Congressionally Confirmed, Treaty-Based Jurisdiction in This Case.

3) Supervisory Review is Further Needed Because Both …

You Gotta Fight For The Right To Vote: Enfranchising Native American Voters, Jeanette Wolfley

Faculty Scholarship

Five decades ago, the Congress passed the Voting Rights Act of 1965. Since its passage, the Voting Right Act has created the opportunity to vote for many racial and language minorities across the country, and has survived many challenges until 2013. The U.S. Supreme Court issued two decisions involving voting rights in its 2012-2013 term. On June 25, 2013, in Shelby County v. Holder, a divided Supreme Court struck down Section 4 - a key provision of the 1965 Voting Right Act (VRA) - as unconstitutional. On June 17, 2013, one week before the Shelby County decision, the Court decided …

Indian Country Today Interviews Kevin Washburn About Federal Recognition Rules And Protecting Sacred Sites, Kevin Washburn

Faculty Scholarship

Indian Country Today Media Network caught up with Kevin K. Washburn to discuss his legacy as ASIA, among other hot topics in Indian country like: reformed federal recognition rules, Cobell, Oak Flat, Land in Trust and more.

Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore

Publications

Reservoir systems in the western US are managed to serve two main competing purposes: to reduce flooding during the winter and spring, and to provide water supply for multiple uses during the summer. Because the storage capacity of a reservoir cannot be used for both flood damage reduction and water storage at the same time, these two uses are traded off as the reservoir fills during the transition from the wet to the dry season. Climate change, population growth, and development in the western US may exacerbate dry season water scarcity and increase winter flood risk, creating a need to …

As Long As The Water Shall Flow: Bringing Water To Tribal Homelands, Jeanette Wolfley

Faculty Scholarship

Only the first page is uploaded. Please contact the UNM Law Library on accessing the full text.

White Mountain Apache Water Rights Quantification Settlement Judgment And Decree, Superior Court Of Apache County, Az.

Native American Water Rights Settlement Project

Post- Settlement Court Decree, White Mountain Apache Water Rights Quantification Settlement Judgment and Decree, Parties: WMAT, White Mountain Apache Tribe, AZ, Arizona, USA, United States of America,, Arizona Water Company, Buckeye Irrigation Company, Buckeye Water Conservation and Drainage District, CAWDC, Central Arizona Water Conservation District, City of Avalon, City of Chandler, City of Glendale, City of Mesa, City of Peoria, City of Phoenix, City of Show Low, City of Scottsdale, City of Tempe, Town of Gilbert, RWCD, Roosevelt Water Conservation District, SRP, Salt River Project Agricultural Improvement and Power District, Salt River Valley Water Users' Association,

Quantification of WMAT rights …

Bill Williams River Water Rights Settlement Act Of 2014, United States 113th Congress

Native American Water Rights Settlement Project

To direct the Secretary of the Interior to enter into the Big Sandy River-Planet Ranch Water Rights Settlement Agreement and the Hualapai Tribe Bill Williams River Water Rights Settlement Agreement, to provide for the lease of certain land located within Planet Ranch on the Bill Williams River in the State of Arizona to benefit the Lower Colorado River Multi-Species Conservation Program, and to provide for the settlement of specific water rights claims in the Bill Williams River watershed in the State of Arizona.

Great Nations Can Work On Mistakes, Kevin Washburn

Faculty Scholarship

No abstract provided.

Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act, United States 113th Congress

Native American Water Rights Settlement Project

The overall purpose of this Act is to ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, and for other purposes.

Final Unified Decree For The Snake River Basin Adjudication, Fifth Judicial District Court, Twin Falls County, Idaho

Native American Water Rights Settlement Project

Court Decree: Unified Final Decree relating to all water rights in Snake River Basin. Contents: I. Procedure, p.1; II. Findings of Fact, p.4; III. Conclusions of Law, p.6; IV. Order p. 9; Attachments available on website:

Attachment 1: Snake River Basin Water System Map

Attachment 2 -- Issued Partial Decrees by subcase or basin number

Attachment 3 -- General Provisions by Basin

Attachment 4 -- Water Right Agreements Between the State of Idaho and the United States of America:

Shoshone-Bannock Tribes

- Revised Partial Final Consent Decree Determining the Rights of the Shoshone-Bannock Tribes

- Water Right Partial Decrees

- …

Final Unified Decree For The Snake River Basin Adjudication, Fifth Judicial District Court, Twin Falls County, Idaho

Native American Water Rights Settlement Project

Court Decree: Unified Final Decree relating to all water rights in Snake River Basin. Contents: I. Procedure, p.1; II. Findings of Fact, p.4; III. Conclusions of Law, p.6; IV. Order p. 9; Attachments available on website:

Attachment 1: Snake River Basin Water System Map

Attachment 2 -- Issued Partial Decrees by subcase or basin number

Attachment 3 -- General Provisions by Basin

Attachment 4 -- Water Right Agreements Between the State of Idaho and the United States of America:

Shoshone-Bannock Tribes

- Revised Partial Final Consent Decree Determining the Rights of the Shoshone-Bannock Tribes

- Water Right Partial Decrees

- …

Final Unified Decree For The Snake River Basin Adjudication, District Court Of The Fifth Judicial District Of The State Of Idaho, In And For The County Of Twin Falls

Native American Water Rights Settlement Project

Court Decree: Unified Final Decree relating to all water rights in Snake River Basin. Contents: I. Procedure, p.1; II. Findings of Fact, p.4; III. Conclusions of Law, p.6; IV. Order p. 9; Attachments available on website:

Attachment 1: Snake River Basin Water System Map

Attachment 2 -- Issued Partial Decrees by subcase or basin number

Attachment 3 -- General Provisions by Basin

Attachment 4 -- Water Right Agreements Between the State of Idaho and the United States of America:

Shoshone-Bannock Tribes

- Revised Partial Final Consent Decree Determining the Rights of the Shoshone-Bannock Tribes

- Water Right Partial Decrees

- …

Indian Gaming – The Next 25 Years, Kevin Washburn

Faculty Scholarship

Testimony of Kevin K. Washburn Assistant Secretary for Indian Affairs United States Department of the Interior Before the Senate Committee on Indian Affairs Oversight Hearing

The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig

Publications

No abstract provided.