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Indigenous, Indian, and Aboriginal Law

1990

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Full-Text Articles in Law

Resource Law Notes Newsletter, No. 21, Dec. 1990, University Of Colorado Boulder. Natural Resources Law Center Dec 1990

Resource Law Notes Newsletter, No. 21, Dec. 1990, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Fort Mcdowell Indian Community Water Rights Settlement Of 1990 Act, 104th Congress Nov 1990

Fort Mcdowell Indian Community Water Rights Settlement Of 1990 Act, 104th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort McDowell Indian Community Water Rights Settlement of 1990 Act, Title IV of the Arizona Desert Wilderness Act of 1990 (Jan. 15, 1990) (PL 101-628, 104 Stat. 4469, 4480) Parties: Fort McDowell Indian Community, AZ, US, Salt River Valley Water Users Association, Salt River Project Agricultural Improvement and Power District, Roosevelt Water Conservation District, Chandler, Glendale, Mesa, Phoenix, Scottsdale, Tempe, Gilbert, & Central Arizona Water Conservation District. Act resolves Tribe's water rights in General Adjudication of the Gila River System and Source. Neighboring non-Indian communities will transfer rights to 12,000 a/f of surface water and provide means for …


Fort Hall Indian Water Rights Act Of 1990, United States 101st Congress Nov 1990

Fort Hall Indian Water Rights Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort Hall Water RIghts Act of 1990 (PL 101-602, 104 Stat. 3059, H.R. 5308) Parties: Shoshone-Bannock Tribes, ID, and US. The Act ratifies the Settlement Agreement. It protects existing uses through authorizing contracting for storage space in existing reserviors and placing limits on setting aside of final decree. It addresses the leases, transfers and uses of tribal rights, including instream flows, abandonment or forfieture and uses off reservation.The Act addresses contributions including: a Tribal Development Fund, construction of a Reservation Water Management System; acquisition of lands and grazing rights; places limits on per capita distributions to tribal members; …


Truckee-Carson-Pyramid Lake Water Rights Settlement Act Of 1990, United States 101st Congress Nov 1990

Truckee-Carson-Pyramid Lake Water Rights Settlement Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation: Title II - Truckee-Carson-Pyramid Lake Water Settlement, Public Law 101-618, 104 Stat. 3295 (Nov. 16, 1990) dealing primarily with rights of CA and NV. Parties: NV, CA, Pyramid Lake Paiute, The Act provides for the equitable apportionment of waters of Truckee River, Carson River and Lake Tahoe between NV & CA. The California allocation on the Truckee is subject to the right of the Pyramid Lake Indian Reservation’ right to use water as described under the Orr Ditch Decree. The Tribe has the right to manage the water on the reservation. Provisions are made to protect the Pyramid …


Fallon Paiute Shoshone Indiantribes Water Rights Settlement Act Of 1990, United States 101st Congress Nov 1990

Fallon Paiute Shoshone Indiantribes Water Rights Settlement Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation & Settlement: The Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (PL 101-618, 104 Stat. 3289). There is no separate Settlement Agreement. Title I -- Fallon Paiute Shoshone Tribal Settlement Act creates the Fallon Paiute Shoshone Tribal Settlement Fund and authorizes appropriations of $3 M for 1992 and $8 M for each of 1993, 1994, 1995, 1996 and 1997 for a total of $43M. The income of the fund is authorized for Tribal economic development, rehabilitation of the irrigation system, acquisition of water rights and other listed purposes. The Tribes will develop a management plan …


Reply Brief Of Appellants Sep 1990

Reply Brief Of Appellants

United States v. Washington, Docket No. 90-35355 (935 F.2d 1059 (9th Cir. 1991))

No abstract provided.


Resource Law Notes Newsletter, No. 20, Sept. 1990, University Of Colorado Boulder. Natural Resources Law Center Sep 1990

Resource Law Notes Newsletter, No. 20, Sept. 1990, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Brief Of Appellants Aug 1990

Brief Of Appellants

United States v. Washington, Docket No. 90-35355 (935 F.2d 1059 (9th Cir. 1991))

No abstract provided.


Authorizing The Acquisition Of Additional Lands For Inclusion In The Knife River Indian Villages National Historic Site, And For Other Purposes, United States Congress, Us House Of Representatives Jul 1990

Authorizing The Acquisition Of Additional Lands For Inclusion In The Knife River Indian Villages National Historic Site, And For Other Purposes, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report from the United States (US) House Committee on Interior and Insular Affairs, dated July 30, 1990, was written to accompany US Senate Bill 1230 which proposes to expand the Knife River Indian Villages National Historic Site in North Dakota by 465 acres to better represent the ancestral homelands of the Mandan and Hidatsa tribes. The proposed expansion included burial grounds. This report seeks to amend US Senate Bill 1230 to increase funding for the development of the historic site and to change the wording of Section 1 “Acquisition of Additional Lands” to specify certain parameters for acquiring land. …


Fort Hall Indian Water Rights Settlement Agreement Of 1990, Shoshone-Bannock Tribes Of The Fort Hall Indian Reservation, State Of Idaho, United States Jul 1990

Fort Hall Indian Water Rights Settlement Agreement Of 1990, Shoshone-Bannock Tribes Of The Fort Hall Indian Reservation, State Of Idaho, United States

Native American Water Rights Settlement Project

Settlement Agreement: Fort Hall Indian Water Rights Agreement of 1990. Parties: Shoshone Bannock Tribe and US. Agreement settles water rights arising under Second Treaty of Fort Bridger of July 3, 1868 and the Winters doctrine. The agreement recognizes a right to diversions from the Upper Snake River Basin of 581,031 a/f/y. Surface-water rights in Snake River and Sand Creek are 100-115,000 a/f/y depending on irrigation needs with a priority date of June 14, 1867. Due to Sand Creek water- fluctuations, an amount equal to that had in 1989 shall satisfy the right. Groundwater from Ross Fork Creek and Basin may …


Not On Claims Alone: Determining Indian Title To Intertidal Lands—United States V. Aam, 887 F.2d 190 (9th Cir. 1989), Andrea Geiger Oakley Jul 1990

Not On Claims Alone: Determining Indian Title To Intertidal Lands—United States V. Aam, 887 F.2d 190 (9th Cir. 1989), Andrea Geiger Oakley

Washington Law Review

The equal footing doctrine creates a presumption against conveyance of the beds of navigable waters by the United States prior to statehood. Where submerged lands lie within the boundaries of an Indian reservation, the presumption may conflict with the canons of construction applicable in Indian law. In United States v. Aam, the Ninth Circuit attempted to resolve this conflict by establishing a per se test to determine when the presumption is rebutted. This Note examines the Ninth Circuit's opinion and concludes that in light of the respective policies underlying the conflicting doctrines, the court's test gives insufficient weight to the …


Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars Jun 1990

Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages (includes illustrations).

Contains references.


The Role Of Market Transfers In The Accommodation Of New Uses: A Case Study Of The Truckee-Carson Basin, A. Dan Tarlock Jun 1990

The Role Of Market Transfers In The Accommodation Of New Uses: A Case Study Of The Truckee-Carson Basin, A. Dan Tarlock

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages (includes 1 map).


Sources Of Water Iv: Tribal Water Rights, John E. Echohawk Jun 1990

Sources Of Water Iv: Tribal Water Rights, John E. Echohawk

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

10 pages.

Contains references.


Sources Of Water I: Agriculture – The Deep Pool?, Bonnie G. Colby Jun 1990

Sources Of Water I: Agriculture – The Deep Pool?, Bonnie G. Colby

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

34 pages (includes illustration).

Contains 2 pages of references.


Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center Jun 1990

Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.

Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.

The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …


Solutions For Uneasy Neighbors: Regulating The Reservation Environment After Brendale V. Confederated Tribes & Bands Of Yakima Indian Nation, 109 S. Ct. 2994 (1989), Craighton Goeppele Apr 1990

Solutions For Uneasy Neighbors: Regulating The Reservation Environment After Brendale V. Confederated Tribes & Bands Of Yakima Indian Nation, 109 S. Ct. 2994 (1989), Craighton Goeppele

Washington Law Review

The United States Supreme Court's decision in Brendale v. Confederated Tribes & Bands of Yakima Indian Nation undermines comprehensive land use planning in some parts of Indian reservations and contributes to an environment of legal uncertainty on reservations. The loss of effective land use planning on Indian reservations will have an adverse impact on the interests of both tribal members and non-members. Extension of Brendale to other forms of environmental regulation would have an even more detrimental impact on the responsible development of reservations. This Note exposes the infeasibility of Brendale and suggests a cooperative approach for resolving jurisdictional conflicts …


Resource Law Notes Newsletter, No. 19, Mar. 1990, University Of Colorado Boulder. Natural Resources Law Center Mar 1990

Resource Law Notes Newsletter, No. 19, Mar. 1990, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Dance Of The Dead: A Legal Tango For Control Of Native American Skeletal Remains, John E. Peterson Ii Jan 1990

Dance Of The Dead: A Legal Tango For Control Of Native American Skeletal Remains, John E. Peterson Ii

American Indian Law Review

No abstract provided.


The Reservation As Place: A South Dakota Essay, Frank Pommersheim Jan 1990

The Reservation As Place: A South Dakota Essay, Frank Pommersheim

Frank Pommersheim

No abstract provided.


Indian Tribes In The Water Marketing Arena, Steven J. Shupe Jan 1990

Indian Tribes In The Water Marketing Arena, Steven J. Shupe

American Indian Law Review

No abstract provided.


Chaos In Kentucky: The Question Of Standing To Recover The Fair Market Value Of Indian Relics Found Upon Private Property, Steven R. Dowell Jan 1990

Chaos In Kentucky: The Question Of Standing To Recover The Fair Market Value Of Indian Relics Found Upon Private Property, Steven R. Dowell

American Indian Law Review

No abstract provided.


Federal Recent Developments Jan 1990

Federal Recent Developments

American Indian Law Review

No abstract provided.


The Future Of Gambling In Indian Country, Gary Sokolow Jan 1990

The Future Of Gambling In Indian Country, Gary Sokolow

American Indian Law Review

No abstract provided.


Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson Jan 1990

Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson

UIC Law Review

No abstract provided.


Contemporary Efforts To Guarantee Indigenous Rights Under International Law, Andre Lawrey Jan 1990

Contemporary Efforts To Guarantee Indigenous Rights Under International Law, Andre Lawrey

Vanderbilt Journal of Transnational Law

This Article examines recent attempts to improve international standards governing the rights of indigenous peoples. In this context, Ms. Lawrey analyzes the Australian Government's 1988 commitment to negotiate a treaty with Australia's Aboriginal and Torres Strait Islander peoples.

Ms. Lawrey discusses the strained relationship between international law and indigenous peoples. At present, indigenous groups are not guaranteed special rights under international law. Furthermore, traditional individual rights are inadequate to effectively protect indigenous land rights and the right to self-determination. Ms. Lawrey identifies developments in indigenous rights since World War II, including International Labor Organization Convention Number 107 (Convention 107) and …


Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen Jan 1990

Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen

Faculty Scholarship

Examining the ongoing debate concerning congressional power to eliminate federal court jurisdiction over cases arising under federal law from thefederal Indian law viewpoint allows consideration of the issues in a concrete setting. Experience under the Indian Civil Rights Act during the last twenty years indicates that some federal review of actions arising under federal law is needed if the command of the supremacy clause is to be fully effectuated. At the same time, it indicates that a uniform interpretation of that federal law is not essential to the enforcement of the clause. This examination thus provides support for the distributive …


The Dispossession Of The Kansas Shawnee, John W. Ragsdale Jr Jan 1990

The Dispossession Of The Kansas Shawnee, John W. Ragsdale Jr

Faculty Works

No abstract provided.


Protecting Abused Children: A Judge's Perspective On Public Law Deprived Child Proceedings And The Impact Of The Indian Child Welfare Acts, Edward L. Thompson Jan 1990

Protecting Abused Children: A Judge's Perspective On Public Law Deprived Child Proceedings And The Impact Of The Indian Child Welfare Acts, Edward L. Thompson

American Indian Law Review

No abstract provided.


Undermining Tribal Land Use Regulatory Authority: Brendale V. Confederated Tribes, Jessica S. Gerrard Jan 1990

Undermining Tribal Land Use Regulatory Authority: Brendale V. Confederated Tribes, Jessica S. Gerrard

Seattle University Law Review

The Allotment Act of 1887 diminished tribal regulatory authority over Indian reservation land use. While the Act provided for alienation of reservation land to non-Indians, it did not terminate the reservation status of alienated land. Hence, a question which repeatedly arises is whether Indians can control land use on non-Indian owned reservation land. This Note traces the historical basis of Indian regulatory authority over non-Indians, examines the Supreme Court's latest decision in Brendale, and then exposes the weaknesses of that decision.