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Pechanga Band Of Luiseño Mission Indians Water Rights Settlement Act, United States 114th Congress

Native American Water Rights Settlement Project

Federal Legislation: Pechanga Band of Luiseño Mission Indians Water Rights Settlement Act (WIIN Act of 2016, Title III - Natural Resource, Subtitle D). Parties: Pechanga Band of Luiseño Mission Indians, United States. The lead agency for environmental compliance is the Bureau of Reclamation. The Act confirms the Tribal water right as The Act designates that 1) the rights of allottees are protected; 2) a Tribal Water Right of up to 4,994 acre-feet of water per year is confirmed in accordance with Interlocutory Judgement No. 41 as affirmed by the Fallbrook Decree; 3)water right can be used for any purpose; 4) …

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]

Co-Developing Drugs With Indigenous Communities: Lessons From Peruvian Law And The Ayahuasca Patent Dispute, Daniel S. Sem

Richmond Journal of Law & Technology

This paper will examine the issues surrounding the codevelopment of drugs derived from traditional medicines used by indigenous peoples in Amazonia, with a focus on Peru. In particular, this paper will explore what national, regional and international legal structures are in place to protect the interests of indigenous peoples, while at the same time providing medical benefit to the world. This issue is explored in the context of Peruvian, U.S., and international treaties – especially the TRIPS agreement, the Andean Community, sui generis protections, and the US-Peru Trade Promotion Agreement.

Blackfeet Housing V. Armc Risk Management Corp., 15-Ap-09 (Blkft. Tr. Ct. App., Nov. 7, 2016), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court considered whether appellant, ARMC, was subject to the jurisdiction in the Blackfeet Tribal Court. The lower court erred in finding that it had jurisdiction in this matter under the arm of the tribe analysis it applied. The “arm of the tribe” analysis would have been more appropriate if ARMC was a section 16 entity. Rather, ARMC is a Section 17 Charter, which demands an analysis of whether the Charter was properly granted and ratified. ARMC does enjoy a congressional grant of sovereign immunity under 25 U.S.C. 477, but ARMC’s immunity defense …

Oral Tradition And The Kennewick Man, Cathay Y. N. Smith

Faculty Law Review Articles

No abstract provided.

Getches-Wilkinson Center Newsletter, Fall 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

College Of Law Committed To Native Law Program, Mark Adams

Articles

No abstract provided.

Aboriginal Consultation In Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements, Andrea Beck

Dalhousie Law Journal

Due to constitutional protection of Aboriginal water rights, the Canadian government has a duty to consult Aboriginal peoples in water-related decision making. In 2015, Alberta and the Northwest Territories signed an agreement for managing their shared waters in the Mackenzie River Basin. In light of Canada's record, observers have praised the preceding negotiation process as pathbreaking due to its high level of Aboriginal involvement. To evaluate such claims, this paper analyzes Aboriginal consultations in the 2011-2015 NWT-Alberta transboundary water negotiation. The comparative case study reaches the following conclusions. In their bilateral water negotiation, the two jurisdictions differed markedly in terns …

Response Brief Of Appellee Navajo Nation, Paul Spruhan

Faculty Scholarship

This appeal concerns the claimed authority of private utility companies to unilaterally force an easement over allotments that include a sovereign Indian nation among its owners. The four certified questions before the Court implicate congressional policy concerning allotments as well as the sovereign interests of the Navajo Nation (“Nation”). Appellants PNM and Transwestern assert that 25 U.S.C. § 357 (Section 357) applies beyond allotments wholly owned by individual allottees to also allow condemnation of the allotment interests of sovereign tribal nations. However, as discussed below, the application of Section 357 to a tribal nation’s property would unduly impair a tribal …

Pursuing A Reconciliatory Administrative Law: Aboriginal Consultation And The National Energy Board, Matthew J. Hodgson

Osgoode Hall Law Journal

Environmental assessment within the process of regulatory review is recognized as the preferred means for carrying out the duty to consult and accommodate Aboriginal rights in administrative decisions over proposed resource development. Recent evidence suggests that integrating the duty to consult into National Energy Board (NEB) proceedings and subsuming the law of Aboriginal consultation under principles of administrative justice have not advanced the goal of reconciliation. This article considers whether the statutory mandate of the National Energy Board requires it to have sufficient regard to Aboriginal rights in a manner consistent with the adjudication of constitutional issues in administrative law. …

“The Lands…Belonged To Them, Once By The Indian Title, Twice For Having Defended Them…And Thrice For Having Built And Lived On Them”: The Law And Politics Of Métis Title, Karen Drake, Adam Gaudry

Osgoode Hall Law Journal

To predict what is on the horizon of the Métis legal landscape, we can look to jurisprudence on First Nations’ rights, given that Métis rights cases are typically ten to fifteen years behind those of First Nations. With the release of the Supreme Court of Canada’s decision in Tsilhqot’in, the next big issue in Métis law may be Métis title. Scholars have doubted the ability of Métis to establish Aboriginal title in Canada for two reasons: first, Métis were too mobile, and second, Métis were too immobile. This paper critically analyzes these positions and argues that the case for Métis …

Federal Treaty And Trust Obligations, And Ocean Acidification, Robert T. Anderson

Washington Journal of Environmental Law & Policy

Ocean acidification will have profound effects on the entire human population and natural resources that depend in any way upon Earth’s oceans and lakes. In turn, those effects will be even greater, and potentially catastrophic, for indigenous populations who rely on the seas for physical, cultural, and spiritual sustenance. While most research on carbon dioxide absorption from the atmosphere has focused on oceans and the resulting acidification, many believe that acidification levels also will also increase in the Great Lakes. Indian tribes in the Pacific Northwest and the Great Lakes regions share reliance on marine and freshwater resources, and many …

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. …

Emulsified Property, Jessica A. Shoemaker

Pepperdine Law Review

The typical American Indian reservation is often described as a “checkerboard” of different real property ownership forms. Individual parcels of reservation land may be held in either a special federal Indian trust status or in fee, by either Indian or non-Indian owners. The general jurisdictional framework provides that federal and sometimes tribal law sets the rights and responsibilities of trust owners, while fee owners are subject to a peculiar mix of state and tribal law. Many scholars have analyzed the challenges created by this checkerboard pattern of property and jurisdiction. This Article, however, reveals an even more complicated issue that …

Slides: Drought In The Murray Darling Basin: A 100 Year Perspective, Daniel Connell

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Daniel Connell, Australian National University

22 slides

Slides: Drought In Federations: The Rio Grande, Adrian Oglesby

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Adrian Oglesby, Director, Utton Transboundary Resources Center, University of New Mexico School of Law

4 slides

Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Joe Flotemersch, US Environmental Protection Agency (EPA), Office of Research and Development

21 slides

Slides: The São Francisco Water Basin - Brazil, Vanessa Empinotti

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Vanessa Empinotti, Federal University of ABC – UFABC, Brazil

20 slides

Slides: Indigenous Water Justice Symposium, Jason Robison

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Jason Robison, Assistant Professor of Law, University of Wyoming

11 slides

Slides: The Colorado River Basin, Larry Macdonnell

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Larry MacDonnell, Senior Fellow, Getches-Wilkinson Center, University of Colorado

17 slides

Slides: The Columbia River Basin, Barbara Cosens

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Barbara Cosens, Professor and Associate Dean of Faculty, University of Idaho College of Law, Waters of the West Interdisciplinary Program

16 slides

Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Water scarcity is increasingly dominating headlines throughout the world. In the southwestern USA, the looming water shortages on the Colorado River system and the unprecedented drought in California are garnering the greatest attention. Similar stories of scarcity and crisis can be found across the globe, suggesting an opportunity for sharing lessons and innovations. For example, the Colorado River and Australia's Murray-Darling Basin likely can share many lessons, as both systems were over-allocated, feature multiple jurisdictions, face similar climatic risks and drought stresses, and struggle to balance human demands with environmental needs. In this conference we cast our net broadly, exploring …

Slides: Rivers And People In The Neotropics: Social And Ecological Science For Environmental Flows, Elizabeth P. Anderson

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Elizabeth P. Anderson, Florida International University

38 slides

Slides: Murray-Darling Basin, Australia, Tony Mcleod

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Tony McLeod, MDBA, Murray-Darling Basin Authority

17 slides

Slides: Scarcity And Bc's Water Future - The Evolution Of Western Water Law?, Oliver M. Brandes

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Oliver M. Brandes, University of Victoria

28 slides

Slides: Arizona Contributions To Address Lake Mead's Structural Deficit, Amy Mccoy

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Amy McCoy, Director, Aylward + McCoy & Pilz Consulting LLC, University of Arizona

18 slides

Slides: Food For Thought: Water Requirements For Social-Ecological Systems, Michael Douglas, Sue Jackson

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenters:

Michael Douglas, University of Western Australia, Charles Darwin University

Sue Jackson, Griffith University

35 slides

Looking To The Third Sovereign: Tribal Environmental Ethics As An Alternative Paradigm, Elizabeth Ann Kronk Warner

Pace Environmental Law Review

This article considers what role, if any, can tribal environmental ethics play in the re-examination and consideration of American environmental ethics? The answer—quite a substantial role. Tribes must straddle two worlds—a traditional one and one dominated by Western culture and values. As a result of this dichotomy, tribes are necessarily experts at adaptation and innovation. To demonstrate the value of looking to tribal environmental ethics when considering alternative ethical paradigms for the United States, this article begins by discussing the link between environmental ethics and policy making. With this understanding in place, the article then examines the importance of environmental …

Slides: Indigenous Water Justice In The Columbia River Basin, Barbara Cosens

Indigenous Water Justice Symposium (June 6)

Presenter: Barbara Cosens, Professor and Associate Dean of Faculty, University of Idaho College of Law, Waters of the West Interdisciplinary Program

17 slides

Slides: Policy Framework: Fpwec: First Peoples' Water Engagement Council, Phil Duncan, First Peoples' Water Engagement Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

25 slides