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Indigenous, Indian, and Aboriginal Law

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Full-Text Articles in Law

Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath Jun 2008

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


Bridging The Governance Gap: Strategies To Integrate Water And Land Use Planning, Sarah Bates Van De Wetering, University Of Montana (Missoula). Public Policy Research Institute Jun 2008

Bridging The Governance Gap: Strategies To Integrate Water And Land Use Planning, Sarah Bates Van De Wetering, University Of Montana (Missoula). Public Policy Research Institute

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

16 pages.

Includes bibliographical references

"2007"

"Collaborative Governance Report 2"


Amended And Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007, Gila River Indian Community, Et Al Aug 2007

Amended And Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007, Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

Amended and Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007. Amendment 2 replaces 3 exhibits with documents filed in or by the courts: 1) Attachment 1 - replacing Exhibit 25.18.A1 - “Stipulation of the Parties to the Amended and Restated Gila River Indian Community Water Rights Settlement Agreement Setting forth the Terms of the Settlement (as filed with the Gila Adjudication Court on May 23, 2006”; 2) Attachement 2 - replacing Exhibit 25.18.A2 – “Judgment and Decree”; and 3) Attachement 3 - Exhibit 25.18.B “Order Pursuant to Stipulation issued by the Globe …


A Decade Of Colorado Supreme Court Water Decisions, 1996-2006: Special Report, Colorado Foundation For Water Education Jun 2007

A Decade Of Colorado Supreme Court Water Decisions, 1996-2006: Special Report, Colorado Foundation For Water Education

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Justice Greg Hobbs, Colorado Supreme Court

31 pages.

Includes color illustrations and map

"Acknowledgments: This special report highlights important features of Colorado Supreme Court water decisions handed down between 1996 and 2006. It contains excerpts from opinions authored by Justices Lohr, Vollack, Mullarkey, Kourlis, Hobbs, Martinez, Bender, Rice, Coats and Eid. It is adapted from an article that first appeared in The Water Report (www.thewaterreport.com), February 15, 2007, used with permission."


Shoshone-Bannock Tribal Water Resource Code (2007), Shoshone-Bannock Tribes May 2007

Shoshone-Bannock Tribal Water Resource Code (2007), Shoshone-Bannock Tribes

Native American Water Rights Settlement Project

Tribal Water Code: 2007 Shoshone-Bannock Tribal Water Resource Code (WATR-07-S1 (2007). This Code establishes the Tribal Water Resources Commission and the Tribal Water Resources Dept; provides water allocation guidelines; structures a license and permitting system; determines effects of non-use and attempted adverse possession; provides penalties and enforcement; and sets up hearings and appeals. [Source: http://www.shoshonebannocktribes.com/elements/documents/water/2007-Sec-Int-Water-Code.pdf]


Soboba Band Of Luiseño Indians Settlement Agreement, Soboba Band Of Luiseño Indians Et Al Jun 2006

Soboba Band Of Luiseño Indians Settlement Agreement, Soboba Band Of Luiseño Indians Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Soboba Band of Luiseño Indians Settlement Agreement of June 7, 2006, (final signatures Oct. 18, 2008) Parties: Soboba Band of Luiseño Indians, US, Eastern Municipal Water District, Lake Hemet Municipal Water District and Metropolitan Water District of Southern California. The Tribe is entitled to 9K acre-feet annually (afy) as a prior and paramount right. The districts agree to supply the Tribe water to the extent that it is not able to produce that amount. However, the Tribe agrees to limit its exercise of the right to 4,100 afy for 50 years. The Tribe may use water made available …


2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al Dec 2005

2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Amended and Restated Gila River Indian Community Water Rights Settlement Agreement (Oct. 21, 2005). Parties: Gila River Indian Community; US; AZ; Salt River Project Agricultural Improvement and Power District; Salt River Valley Water Users' Association; Roosevelt Irrigation District; Roosevelt Water Conservation District; Arizona Water Company; the Arizona cities of Casa Grande, Chandler, Coolidge, Glendale, Goodyear, Mesa, Peoria, Phoenix, Safford, Scottsdale, and Tempe; the Arizona towns of Florence, Mammoth, Kearny, Duncan and Gilbert; Maricopa-Stanfield Irrigation & Drainage District; Central Arizona Irrigation & Drainage District; Franklin Irrigation District; Gila Valley Irrigation District, San Carlos Irrigation & Drainage District; Hohokam Irrigation …


Az Water Rights Settlement Act Of 2004, United States 108th Congress Dec 2004

Az Water Rights Settlement Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: San Carlos Apache Tribe Water Rights Settlement (negotiations assistance) Act of 2004, Title IV of AZ Water Settlement of 2004, PL 108-451, 118 Stat. 3478, 3573 (Dec. 10, 2004) Parties: San Carlos Apache Tribe & US. Certain provisions in Titles I-III relate to water for the Tribe if settlement is reached and other matters. This Act provides funding for the San Carlos Apache Tribe Water Rights Settlement negotiations. For three years, the DOI Secretary shall submit an annual report to Congress describing the status of efforts to negotiate an agreement covering the Gila River water rights with Tribe. …


Gila River Indian Community Water Rights Settlement Act Of 2004, United States 108th Congress Dec 2004

Gila River Indian Community Water Rights Settlement Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal legislation: Gila River Indian Community Water Rights Settlement of 2004 as Title II found in the Arizona Water Settlement Act of 2004. Title I reallocates 28,200 acre-feet of CAP agricultural priority water; amends the Colorado River Basin Project Act re Lower Colorado River Basin Development Fund making $53M available for the Gila River Indian Community Water OM&R Trust Fund. Title II ratifies the Gila River Indian Community Water Rights Settlement of Feb. 4, 2003. The Secretary will comply with National Environmental Policy Act in executing the Agreement and Reclamation is the lead agency for compliance. The DOI Secretary shall …


Az Water Rights Settlement Act Of 2004, United States 108th Congress Dec 2004

Az Water Rights Settlement Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: Central AZ Project Settlement of 2004 - (Sec. 103) Parties: Tohono O'Odham Tribe & US Sets forth general permissible uses of the Central AZ Project (CAP), including for domestic, municipal, fish and wildlife, and industrial purposes. The DOI Secretary will reallocate 197,500 acre-feet of agricultural priority water made available pursuant to the AZ Water Settlement for use by AZ Indian tribes, of which: (1) 102,000 acre-feet shall be reallocated to the Gila River Indian Community; (2) 28,200 acre-feet shall be reallocated to the Tohono O'odham Nation (formerly the Papago Tribe); and (3) 67,300 acre-feet shall be reallocated to …


Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center Dec 2004

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional


Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center Dec 2004

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional


Water Conservation Plan, Rocky Boy / North Central Montana Regional Water System (2004), Hkm Engineering Sep 2004

Water Conservation Plan, Rocky Boy / North Central Montana Regional Water System (2004), Hkm Engineering

Native American Water Rights Settlement Project

Tribal Water Code: Water Conservation Plan, Rocky Boy / North Central Montana Regional Water System (Sep. 2004). Parties: Chippewa-Cree Tribe and NCM-RWS. The Rocky Boy/North Central Montana Regional Water System Act of 2002 (Pub. L. 107-331) authorized construction of the Rocky Boy/North Central Montana Regional Water System in north-central Montana. To meet the requirements of the Act, the Chippewa Cree Tribe and the North Central Montana Regional Water Authority developed and submitted a water conservation plan to Reclamation. The purpose of this water conservation plan is to ensure that users of water from the core system, non-core system and the …


Amendment No. 1 To The Zuni Indian Tribe Water Rights Settlement Agreement In The Little Colorado River Basin, Zuni Indian Tribe Et Al Jul 2004

Amendment No. 1 To The Zuni Indian Tribe Water Rights Settlement Agreement In The Little Colorado River Basin, Zuni Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Zuni Indian Tribe Water Rights Settlement in the Little CO River Basin Amendments 1 (July 8. 2004) Parties: Zuni Indian Tribe, US, AZ, AZ Game & Fish Commission, AZ State Land Department, AZ State Parks Board, St. Johns Irrigation & Ditch Co., Lyman Water Co., Round Valley Water Users’ Ass’n, Salt River Project Agricultural Improvement & Power District, Tucson Electric Power Co., City of St. Johns, Town of Eagar, and Town of Springerville. These Amendments are taken to conform the Settlement Agreement of 2002 to the Settlement Act of 2004. The amendments relate to changes to dates and …


Zuni Indian Tribe Water Rights Settlement Act Of 2003, United States 108th Congress Jun 2003

Zuni Indian Tribe Water Rights Settlement Act Of 2003, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: Zuni Indian Tribe Water Rights Settlement Act of 2003, PL 108-34, 117 Stat. 782 (June 23, 2003). Parties: Zuni Tribe, US, AZ. The Act ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights in the Little CO River basin, AZ. It authorizes appropriations for acquisition of water rights and associated lands and, for fiscal years 2004 through 2006; and for actions necessary to restore, rehabilitate, and maintain the Zuni Heaven Reservation, including the Sacred Lake, wetlands, and riparian areas. The US shall take legal title of specified lands in the Gila and Salt River Base and Meridian …


Tohono O'Odham Settlement, Tonhono O'Odham Nation Et Al Apr 2003

Tohono O'Odham Settlement, Tonhono O'Odham Nation Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Tohono O'odham Settlement (Apr. 30, 2003). Parties: Tohono O'odham Nation, AZ, US, Tucson, Asarco Inc., Farmers Investment Co., two allottee classes. The Settlement Agreement has been revised to eliminate any conflicts with PL 108-451. The parties are a part of the Gila River adjudication. The Nation has a water right of 79,200 acre-feet per year, sourced in ground and surface water. This water may be put to any use. The Nation may use the water off-reservation according to the attached contracts or pursuant to state law, but the uses must remain within the state. Provisions are made for …


Memorandum Opinion Re Chippewa Cree Tribe-Mt Compact, Mt Water Court Jun 2002

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.


Zuni Indian Tribe Water Rights Settlement In The Little Co River Basin, Zuni Indian Tribe Et Al Jun 2002

Zuni Indian Tribe Water Rights Settlement In The Little Co River Basin, Zuni Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Zuni Indian Tribe Water Rights Settlement in the Little CO River Basin (June 7. 2002) Parties: Zuni Indian Tribe, US, AZ, AZ Game & Fish Commission, AZ State Land Department, AZ State Parks Board, St. Johns Irrigation & Ditch Co., Lyman Water Co., Round Valley Water Users’ Ass’n, Salt River Project Agricultural Improvement & Power District, Tucson Electric Power Co., City of St. Johns, Town of Eagar, and Town of Springerville.

The Agreement resolves the Zuni Indian Tribe water rights in the Little CO River basin, AZ. The Zuni Tribe intends to reestablish and maintain the wetland environment …


Coalbed Methane In The San Juan Basin Of Colorado And New Mexico, Catherine Cullicott, Carolyn Dunmire, Jerry Brown, Chris Calwell Apr 2002

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.


Water Allocation Compacts In The West: An Overview, Douglas S. Kenney Jan 2002

Water Allocation Compacts In The West: An Overview, Douglas S. Kenney

Books, Reports, and Studies

14 p. : charts ; 28 cm


Memorandum Opinion Re Assiniboine And Sioux Tribes Of Fort Peck Indian Reservation, Water Court Of State Of Montana Aug 2001

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 Jun 2001

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.


Acquiring Water For Tribes, Susan M. Williams Jun 2001

Acquiring Water For Tribes, Susan M. Williams

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

16 pages.

Contains references (page 15).


Fort Belknap-Mt Compact Of 2001, Montana Apr 2001

Fort Belknap-Mt Compact Of 2001, Montana

Native American Water Rights Settlement Project

Settlement & State Legislation: No separate settlement agreement. Fort Belknap-Montana compact ratified. (MCA 85-20-1001) (April 16, 2001) Parties: Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation, MT and US. The Tribes have right to 645 c/f/s from the Milk River and its tributaries upstream from Reservation diversion point with a priority date of October 17, 1855. Off-stream storage is limited to 60,000 a/f and up to 125 c/f/s is for irrigation and other historical purposes. Tribes have right to develop surface water in the Milk River Basin for livestock impoundments provided they don't use more than 30 a/f/y. …


Shivwits Band Of The Paiute Indian Tribe Of Utah Water Rights Settlement Agreement, Shivwits Band Of The Paiute Indian Tribe Of Ut Et Al Jan 2001

Shivwits Band Of The Paiute Indian Tribe Of Utah Water Rights Settlement Agreement, Shivwits Band Of The Paiute Indian Tribe Of Ut Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Shivwits Band of The Paiute Indian Tribe of Utah Water Rights Settlement Agreement (Jan. 18, 2001) Parties: Shivwits Band of the Paiute Indian Tribe of UT, UT, US, New Santa Clara Field Canal Co., Ivins Irrigation Co., Gunlock Irrigation Co., Lower Gunlock Reservoir Corp., New Santa Clara Field Canal Co., Washington County Water Conservancy District, City of St. George, St. George Field Canal Co., Bloomington Canal Co., Southgate Irrigation Co,. Edward Bowler. (Shivwitz Band Only, not the other 4 Bands of Utah Paiutes) The Band will have use of a total of 4000 acre-feet per year including 100 …


Ak-Chin Water Use Act Of 1984, 2000 Amendments, United States 106th Congress Oct 2000

Ak-Chin Water Use Act Of 1984, 2000 Amendments, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Technical Amendments of 2000 to Ak-Chin Water Use of 1984 (PL 106-285, 114 Stat. 878) Act amending Ak-Chin Water Use Act of 1984. Act addresses amendments regarding use and leasing of permanent water supply as well as prohibition against permanent alienation of water right. It approves lease and amendment of lease for Del Webb Corporation of Dec. 14, 1996 and Jan. 7, 1999, respectively. Secretary of the Interior is authorized to approve the lease as amended. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-106publ285/pdf/PLAW-106publ285.pdf]


Shivwits Band Of The Paiute Indian Tribe Of Utah Water Rights Settlement Act Of 2000, United States 106th Congress Aug 2000

Shivwits Band Of The Paiute Indian Tribe Of Utah Water Rights Settlement Act Of 2000, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Shivwits Band of the Paiute Indian Tribe of Utah Water Rights Settlement, PL 106-263, 114 Stat. 737 ( Aug. 18, 2000) Parties: US, City of St. George, & Shivwits Band of the Paiute Indian Tribe of Utah. (Not other Bands of Ut Paiute Tribe) The Act provides for St. George (Utah) Water Reuse to divert and transport water for use by City of St. George and the Shivwits Band (2K acre-feet annually). St. George and the Band ($15M) will pay for the project. The Santa Clara Project will deliver 1,900 acre-feet annually to the Band. This project will …


Growth In Colorado And The West: Trends And Issues [Outline], James N. Corbridge Jr. Jun 2000

Growth In Colorado And The West: Trends And Issues [Outline], James N. Corbridge Jr.

Water and Growth in the West (Summer Conference, June 7-9)

4 pages.

Contains references.


Chippewa-Cree Tribe Of The Rocky Boy Reservation Indian Reserved Water Rights Settlement And Water Supply Enhancement Act Of 1999, United States 106th Congress Dec 1999

Chippewa-Cree Tribe Of The Rocky Boy Reservation Indian Reserved Water Rights Settlement And Water Supply Enhancement Act Of 1999, United States 106th Congress

Native American Water Rights Settlement Project

Federal legislation: Chippewa-Cree Tribe of the Rocky Boy Reservation Indian Reserved Water Rights Settlement and Water Supply Enhancement Act of 1999 (PL 106–163, 113 Stat. 1778) Act approves and ratifies the Water Rights Compact entered into on April 14, 1997, by the Tribe and MT, as modified by this Act. Directs the Secretary of the Interior to execute and implement the Compact. Requires the US, the Tribe, or MT to petition the MT Water Court to enter and approve the proposed decree. Provides an expiration date; a tribal water code. Satisfies any entitlement to Federal Indian reserved water of any …


Crow Tribe, Montana & Us Compact Of 1999, Montana Jun 1999

Crow Tribe, Montana & Us Compact Of 1999, Montana

Native American Water Rights Settlement Project

Settlement & State Legislation: Water Rights Compact Entered into by the State of Montana, the Crow Tribe and the USA (Jun. 22, 1999). (Mont. Code Ann. Sec. 85-20-901) There is no separate Settlement Agreememt. The State Legislation ratifies settlement of Crow water rights. Includes 500,000 a/f/y from Bighorn River, priority of May 7, 1868; 300,000 a/f/y from Bighorn Lake storage but limited to half that amount during low periods. A stream and lake-level management plan to be developed for the Bighorn River. Tribe has surface, GW and storage rights within the Little Bighorn River, Pryor Creek, and Rosebud Creek (to …