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Articles 1 - 28 of 28
Full-Text Articles in Law
Carcieri: Bringing Certainty To Trust Land Acquisitions, Kevin Washburn
Carcieri: Bringing Certainty To Trust Land Acquisitions, Kevin Washburn
Faculty Scholarship
No abstract provided.
Partial Final Judgment And Decree Of The Water Rights Of The Navajo Nation, 11th Judicial District Court, San Juan County, New Mexico
Partial Final Judgment And Decree Of The Water Rights Of The Navajo Nation, 11th Judicial District Court, San Juan County, New Mexico
Native American Water Rights Settlement Project
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. Reserved Rights to the Use of Water p.2; 3. Reserved Rights for Specified Surface Water Diversions p.2, including a) Navajo Indian Irrigation Project, p.3, b) Navajo-Gallup Water Supply Project, p.3; c) Animas-La Plata Project, p.4; d) Municipal and Domestic Uses, p.4; e) Hogback-Cudei Irrigation Project, p.4; f) Fruitland-Cambridge Irrigation Project p.5; 4. Supplemental Carriage Water, p.6; 5. Conditions, p.7; 6. Diversions for Navajo-Gallup Project Uses in Arizona, p.17; 7. Groundwater Rights, p.18; 8. Hydrographic Survey …
Joe M Stell Ombudsman Program - Taos Settlement Technical Work, Peggy Barroll
Joe M Stell Ombudsman Program - Taos Settlement Technical Work, Peggy Barroll
Publications
No abstract provided.
Amended And Restated White Mountain Apache Tribe Water Rights Quantification Agreement, Settlement Parties
Amended And Restated White Mountain Apache Tribe Water Rights Quantification Agreement, Settlement Parties
Native American Water Rights Settlement Project
Settlement Agreement: Amended and Restated White Mountain Apache Tribe Water Rights Quantification Agreement; Parties: WMAT, White Mountain Apache Tribe, AZ, Arizona, USA, United States, Arizona Water Company, Buckeye Water Conservation and Drainage District, Buckeye Irrigation Company, Central Arizona Water Conservation District, City of Avondale, 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, Roosevelt Water Conservation District, Salt River Project Agricultural Improvement and Power District, Salt River Valley Water Users' Association. Contents: Agreement 117 pages: 1.0 Recitals p. 2; 2.0 …
Groundwater Challenges In Spain: Lessons From The Western Mancha Aquifer, Pedro Martinez-Santos
Groundwater Challenges In Spain: Lessons From The Western Mancha Aquifer, Pedro Martinez-Santos
Publications
No abstract provided.
Aamodt Cost-Sharing & System Integration Agreement (2013), United States, State Of New Mexico
Aamodt Cost-Sharing & System Integration Agreement (2013), United States, State Of New Mexico
Native American Water Rights Settlement Project
Cost Share & Integration Agreement (Mar. 14, 2013); NM v. Aamodt, 66cv6639 USDC, DCNM. Parties: Pueblos of Nambé, Pojoaque, San Ildefonso & Tesuque, US, NM, Santa Fe County, City of Santa Fe. Conformed to Aamodt Litigation Settlement Act, Pub. L. No. 111-291, tit. VI, 124 Stat. 3064, 3134-56 (2010). Parties agree to fund and the United States agrees to plan, design and construct the Regional Water System (RWS). The Bureau of Reclamation will build the system. The Secretary of Interior shall conduct government-to-government consultation with the Pueblos regarding well locations and maintaining appropriate confidentiality to protect traditional Pueblo practices. US …
Aamodt Litigation Settlement Agreement (Pueblos Of Nambé, Pojoaque, San Ildefonso & Tesuque), United States, State Of New Mexico, Pueblo Of Tesuque, Pueblo Of San Ildefonso, Pueblo Of Nambé, Pueblo Of Pojoaque
Aamodt Litigation Settlement Agreement (Pueblos Of Nambé, Pojoaque, San Ildefonso & Tesuque), United States, State Of New Mexico, Pueblo Of Tesuque, Pueblo Of San Ildefonso, Pueblo Of Nambé, Pueblo Of Pojoaque
Native American Water Rights Settlement Project
Settlement Agreement: Aamodt Litigation Settlement Agreement (Apr. 19, 2012). 66cv06639, USDC, DCNM. (final signatures Mar. 27,2013) Parties: Pueblos of Nambé, Pojoaque, San Ildefonso & Tesuque, US, NM, Santa Fe County, City of Santa Fe. The key provisions of the Aamodt settlement include: 1) constructing a Regional Water System; 2) providing non-Indians a choice of whether to join the settlement and upon joining, a choice of whether to connect to the Regional Water System for domestic water; 3) relinquishment of existing Pueblo claims against non-Indians who join the Settlement; 4) closing the Pojoaque Basin to new water right development following the …
Taos Pueblo Indian Water Rights Settlement Agreement, Taos Pueblo, New Mexico, United States, Taos Valley Acequia Assn & Its 54 Member Acequias, Town Of Taos, El Prado Water & Sanitation District, 12 Taos Area Mutual Domestic Water Consumers’ Assns.
Taos Pueblo Indian Water Rights Settlement Agreement, Taos Pueblo, New Mexico, United States, Taos Valley Acequia Assn & Its 54 Member Acequias, Town Of Taos, El Prado Water & Sanitation District, 12 Taos Area Mutual Domestic Water Consumers’ Assns.
Native American Water Rights Settlement Project
Taos Pueblo Indian Water Rights Settlement. Abeyta Water Rights Adjudication Settlement Agreement among the US, Taos Pueblo, NM, Taos Valley Acequia Assn & it s 55 Member Acequias, Town of Taos, El Prado Water & Sanitation District & 12 Taos Area Mutual Domestic Water Consumers’ Assns. (Dec. 12, 2012) (final signatures Dec. 21, 2012) The Settlement Agreement goals are to resolve the water right claims of the Taos Pueblo; protect the non-Pueblos irrigation uses; restore and protect Buffalo Pasture; and foster cooperation among Taos Valley residents regarding the allocation and use of water resources. The agreement addresses ground and surface …
Procedural & Scheduling Order For Review Of Proposed Settlement Agreement & Partial Final Decree (Taos), Usdc, Dcnm
Procedural & Scheduling Order For Review Of Proposed Settlement Agreement & Partial Final Decree (Taos), Usdc, Dcnm
Native American Water Rights Settlement Project
Court Procedural and Scheduling Order for Review of Proposed Settlement Agreement and Partial Final Judgment and Decree [Doc. No. 5548]: Entered Mar. 11, 2013 by USDC, DCNM, Nos. 69cv07895 Rio Pueblo de Taos Adjudication & 69cv07939 Rio Hondo Adjudication (Consolidated). Taos Pueblo Indian Water Rights Settlement Act enacted as Title V of the Claims Resolution Act of 2010, Pub. L. No. 111-291, 124 Stat. 3064, 3122-34 (2010). Court grants July 29, 2011 joint motion [Doc. No. 5492] of settlement parties for approval of procedures for providing notice of Settlement Agreement and proposed decree and judgment; and, conducting inter se proceeding …
The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel
The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel
Faculty Scholarship
Native American Indians charged in tribal court criminal proceedings are not entitled to court appointed defense counsel. Under well-settled principles of tribal sovereignty, Indian tribes are not bound by Fifth Amendment due process guarantees or Sixth Amendment right to counsel. Instead, they are bound by the procedural protections established by Congress in the Indian Civil Rights Act of 1968. Under the Indian Civil Rights Act (ICRA), Indian defendants have the right to counsel at their own expense. This Article excavates the historical background of the lack of counsel in the tribal court arena and exposes the myriad problems that it …
Winter 2013 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Winter 2013 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Frameworks For Amending Reservoir Water Management, Ethan Mower, Leandro E. Miranda
Frameworks For Amending Reservoir Water Management, Ethan Mower, Leandro E. Miranda
Publications
Managing water storage and withdrawals in many reservoirs requires establishing seasonal targets for water levels (i.e., rule curves) that are influenced by regional precipitation and diverse water demands. Rule curves are established as an attempt to balance various water needs such as flood control, irrigation, and environmental benefits such as fish and wildlife management. The processes and challenges associated with amending rule curves to balance multiuse needs are complicated and mostly unfamiliar to non-US Army Corps of Engineers (USACE) natural resource managers and to the public. To inform natural resource managers and the public we describe the policies and process …
A Water Rights Manual For Mutual Domestic Water Consumers Associations, Utton Center, University Of New Mexico - School Of Law, Zachary Carpenter, Gregory Chakalian, Darcy S. Bushnell
A Water Rights Manual For Mutual Domestic Water Consumers Associations, Utton Center, University Of New Mexico - School Of Law, Zachary Carpenter, Gregory Chakalian, Darcy S. Bushnell
Publications
The Utton Center prepared this Water Rights Manual to assist Mutual Domestic Water Consumers Associations (MDWCAs) with the development, protection and management of their water rights.
This manual provides an introduction to and defines Water Rights in New Mexico, as well as to acquire and have recognized Water Rights. This document also covers water management and planning, and provides additional resources.
San Felipe Pueblo Tribal Court Handbook (2013), Tribal Law Journal Staff
San Felipe Pueblo Tribal Court Handbook (2013), Tribal Law Journal Staff
Tribal Law Journal
This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.
San Ildefonso Pueblo Tribal Court Handbook (2013), Tribal Law Journal Staff
San Ildefonso Pueblo Tribal Court Handbook (2013), Tribal Law Journal Staff
Tribal Law Journal
This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.
American Indian Water Rights, Michael Osborn, Darcy S. Bushnell
American Indian Water Rights, Michael Osborn, Darcy S. Bushnell
Water Matters!
Pueblos and tribal reservations are located within most of the larger stream systems in New Mexico. Each has claims to rights to use the water in its stream. In New Mexico, Indian rights are significant because of their early priority dates, because of the large amounts of water rights claimed, or both. In some instances, such claims have the potential to displace a significant number of junior water rights.
Common law theories or doctrines pertaining to Indians continue to be judicially refined and to evolve so that discussing the nature and extent of “Indian water rights” is a complex topic.
State And Regional Water Planning, Brigette Buynak, Susan Kelly, Sarah Armstrong
State And Regional Water Planning, Brigette Buynak, Susan Kelly, Sarah Armstrong
Water Matters!
A statewide water planning effort was initiated by the New Mexico legislature in the 2003 session. The Interstate Stream Commission (ISC),in collaboration with the Office of the State Engineer (OSE) and the Water Trust Board, was tasked with preparing and implementing a comprehensive state water plan. Regional water planning had begun much earlier, prompted by a lawsuit that El Paso filed against New Mexico in 1983, El Paso v. Reynolds.
The State Water Plan Act of 2003 (Act) was intended to promote stewardship of the state’s water resources and to establish clear policies and strategies for management of the state’s …
Groundwater, Darcy S. Bushnell, Diego Urbina
Groundwater, Darcy S. Bushnell, Diego Urbina
Water Matters!
Since the late nineteenth century, New Mexicans have been developing the state’s groundwater resources. From hand-dug wells to proposed wells that could penetrate to 12,000 feet, residents have sought sources to supplement and replace surface water. The state relies upon groundwater to supply almost 50 percent of its needs.
As the population grows and drought intensifies, groundwater sources are tapped with increasing urgency. Limited steps are being taken to preserve groundwater through conservation, groundwater recharge, and regulation.
Deep Water Regulation, Paul Bossert, Kari Olson
Deep Water Regulation, Paul Bossert, Kari Olson
Water Matters!
With most of the surface water in New Mexico fully appropriated and with groundwater sources being drawn down and becoming less reliable, the search for new sources of water is reaching further and further afield of traditional sources and methods. Water wells deeper than 2,000 feet have been rare due to the expense of deep drilling and the uncertainty of finding potable water. Yet the combined circumstances of advances in hydrology and the escalating demand for new water have driven the search for water deeper than was previously considered practical.
Community Water Systems, Joanne Hilton, Susan Kelly, Sarah Armstrong
Community Water Systems, Joanne Hilton, Susan Kelly, Sarah Armstrong
Water Matters!
Apart from the major cities along the Rio Grande corridor, much of New Mexico remains relatively rural. Recent studies estimate a 2013population of around 2,085,500 statewide. In the state fiscal year 2011,about 1,836,000 people, or 88 percent of New Mexico’s population obtain their water from community water systems. Approximately 284,000 people, or about14 percent of the population, receive their drinking water from community water systems serving fewer than 5,000 people. As of 2012, there are 1,148 public water systems that provide drinking water in New Mexico. Of these systems, 593are community water systems; of these, 546 serve fewer than 5,000 …
Water Marketing, Jeremy Oat, Laura Paskus
Water Marketing, Jeremy Oat, Laura Paskus
Water Matters!
Water doesn’t just flow around New Mexico in streams and rivers: it also moves around on paper. Since all of the state’s surface-water and most of its groundwater have already been allocated, the only way for cities, developers, or conservation organizations to find new water supplies is to buy and transfer water rights from old uses and places to new uses and places. The N.M. Office of the State Engineer (OSE) approves each of these transfers, most of which are relatively small, but the numbers can add up over time. Between 1982 and 2011, for instance, 21,000 acre-feet of Middle …
Water Litigation In The Lower Rio Grande, Darcy S. Bushnell
Water Litigation In The Lower Rio Grande, Darcy S. Bushnell
Water Matters!
The water allocation issues are hotly contested in south-central New Mexico and the surrounding area. Today, the river and those who depend on it face more administrative challenges in the face of shrinking water supplies and increased population. These challenges have given rise to two ongoing lawsuits: the Lower Rio Grande Adjudication,New Mexico v. EBID, et al., 96-CV-888 (1996) (N.M. v. EBID) in the New Mexico Third Judicial District Court (adjudication court) and the New Mexico v. United States,et al., D.N.M. 11-CV-691 (2011) (N.M. v.U.S.) in United States District Court of New Mexico (U.S. District Court).
The Rio Grande As An International River, Margaret J. Vick
The Rio Grande As An International River, Margaret J. Vick
Water Matters!
The Rio Grande is divided into two major river reaches and has different legal regimes for each. New Mexico is primarily concerned with the Rio Grande from the headwaters in Colorado to Ft. Quitman in Texas, a distance of approximately 670 miles. This section of the river is the subject of the1906 Rio Grande Convention (Treaty) between the United States and Mexico. The lower section of the Rio Grande from Ft. Quitman to the Gulf of Mexico is the subject of the 1944 Rivers Treaty between the United States and Mexico; the 1944 Rivers Treaty also includes the Colorado and …
Eastern New Mexico Rural Water System (Ute Pipeline Project), Jerold Widdison, Paul Van Gulick, Darcy S. Bushnell
Eastern New Mexico Rural Water System (Ute Pipeline Project), Jerold Widdison, Paul Van Gulick, Darcy S. Bushnell
Water Matters!
The Ute Pipeline Project (Project), officially known as the Eastern New Mexico Rural Water System (ENMRWS),is a 151-mile-long pipeline project to provide a sustainable municipal and industrial water supply for several eastern New Mexico communities and a military base. The Congress authorized major federal funding for the Ute Pipeline in the Omnibus Public Land Management Act of 2009. This important milestone for the project was reached after about 45 years of effort.Attention now shifts to myriad details involved in actually constructing, financing,and administering the project.
Confederated Tribes Of The Warm Springs Reservation Water Rights - No Federal Legislation, Confederated Tribes Of The Warm Springs Reservation Et Al
Confederated Tribes Of The Warm Springs Reservation Water Rights - No Federal Legislation, Confederated Tribes Of The Warm Springs Reservation Et Al
Native American Water Rights Settlement Project
No Federal Legisation was created in connection with Warm Springs Tribes Water Rights Settlement Agreement
Acequias, Brigette Buynak, Jerold Widdison, Darcy S. Bushnell
Acequias, Brigette Buynak, Jerold Widdison, Darcy S. Bushnell
Water Matters!
Acequias are community irrigation systems in the villages and pueblos of New Mexico. They have deep roots in two ancient traditions—Pueblo Indian and Spanish. The Pueblos collected and shared water for centuries before the arrival of Spanish colonists in 1598. The Spanish settlers brought technical knowledge and institutional frameworks for governing irrigation systems, which originated in the Moors’ seven-century occupation of Spain. Both traditions remain important to an understanding of New Mexico’s acequia heritage and the continuing relevance of these “water democracies.”Today, these traditions must meld with state law as the legislature has provided that acequias are “political subdivisions” or …
Water Quality Regulation, Joanne Hilton, Susan Kelly, James Hogan, Kimberly Kirby, Jerry Schoeppner
Water Quality Regulation, Joanne Hilton, Susan Kelly, James Hogan, Kimberly Kirby, Jerry Schoeppner
Water Matters!
While many of the water issues in New Mexico center around having an adequate supply of water, the quality of the water is just as important as the quantity in supplying water for drinking and other uses that rely on clean water. Protecting water quality is financially more feasible than conducting expensive cleanup programs. New Mexico has a strong interest in water quality regulation to protect public health and the environment and to minimize expenditures for mitigation of contaminated supplies. Water quality is a difficult subject to navigate; there is a complex web of statutes and agency involvement. This paper …
La Verdad, El Poder, Y La Liberacion, Christine Zuni Cruz
La Verdad, El Poder, Y La Liberacion, Christine Zuni Cruz
Faculty Scholarship
A Reflection on Margaret Montoya, Mascaras, Trenzas, y Grenas: Un/Masking the Self While Un/Braiding Latina Stories and Legal Discourse, 17 HARV. WOMENS L. J. 185 (1994), 15 CHICANO-LATINO L. REV. 1 (1994)' Professor Margaret Montoyas Mascaras, Trenzas y Grenas: Un/Masking The Self While Unbraiding Latina Stories and Legal Discourse1 was published during the first year of my entry into the legal academy as a visiting professor. This reflection on her influential article addresses three of the major themes that resonate most strongly for me. The first is the assimilative pull of the legal academic institution, the second is the power …