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Articles 1 - 26 of 26
Full-Text Articles in Law
Resource Law Notes Newsletter, No. 21, Dec. 1990, University Of Colorado Boulder. Natural Resources Law Center
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
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 …
Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act Of 1990, United States 101st Congress
Fallon Paiute Shoshone Indian Tribes 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
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 …
Resource Law Notes Newsletter, No. 20, Sept. 1990, University Of Colorado Boulder. Natural Resources Law Center
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.
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
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
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
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
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
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).
Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center
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 …
Sources Of Water I: Agriculture – The Deep Pool?, Bonnie G. Colby
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.
Sources Of Water Iv: Tribal Water Rights, John E. Echohawk
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.
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
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
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.
The Reservation As Place: A South Dakota Essay, Frank Pommersheim
The Reservation As Place: A South Dakota Essay, Frank Pommersheim
Frank Pommersheim
No abstract provided.
Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen
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 …
Dance Of The Dead: A Legal Tango For Control Of Native American Skeletal Remains, John E. Peterson Ii
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 Future Of Gambling In Indian Country, Gary Sokolow
The Future Of Gambling In Indian Country, Gary Sokolow
American Indian Law Review
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
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.
Indian Tribes In The Water Marketing Arena, Steven J. Shupe
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
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.
Undermining Tribal Land Use Regulatory Authority: Brendale V. Confederated Tribes, Jessica S. Gerrard
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.
Contemporary Efforts To Guarantee Indigenous Rights Under International Law, Andre Lawrey
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 …
Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson
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.