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Indigenous, Indian, and Aboriginal Law

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The Historical Evolution Of The Methodology For Quantifying Federal Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely Jan 2020

The Historical Evolution Of The Methodology For Quantifying Federal Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely

Articles

From the earliest days of their relationship with the United States, the tribes from the region today referred to as the Northwestern United States have been steadfast in their effort to protect the land, waters, plants, and animals of their traditional homelands. That effort is not coincidental; North America's indigenous people have a singular relationship to the environment they have been a part of for millennia. In particular, they have relied on the streams of their territory for food, fiber, transportation, recreation, cultural, and spiritual sustenance. As a result, through litigation, restoration, and conservation management, tribes have focused on ...


Indigenous Rights And Climate Change: The Influence Of Climate Change On The Quantification Of Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely Jan 2020

Indigenous Rights And Climate Change: The Influence Of Climate Change On The Quantification Of Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely

Articles

The people indigenous to the Western portion of the lands now referred to as North America have relied on aquatic species for physical, cultural, and spiritual sustenance for millennia. Such indigenous peoples, referred to in the American legal system as Indian tribes, are entitled to water rights for fish habitat pursuant to the Winters Doctrine, which holds that the federal government impliedly reserved water rights for tribes when reservations were created. Recently, the methodology for quantifying these rights has been the Instream Flow Incremental Methodology (IFIM) and/or one of its major components, the Physical Habitat Simulation Model (PHABSIM). These ...


Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Dylan R. Hedden-Nicely Jan 2020

Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Dylan R. Hedden-Nicely

Articles

Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes and not to them, and those rights are land based. Yet, the Indigenous voice is dead before arrival, before it enters the room of science, justice, academe, or otherwise. The exclusion of Indigenous peoples at the table of ...


Tenth Anniversary Of The University Of Idaho's Native Law Program, Dylan R. Hedden-Nicely Sep 2018

Tenth Anniversary Of The University Of Idaho's Native Law Program, Dylan R. Hedden-Nicely

Articles

No abstract provided.


Welcome From The Chair Of The Indian Law Section, Dylan R. Hedden-Nicely Sep 2018

Welcome From The Chair Of The Indian Law Section, Dylan R. Hedden-Nicely

Articles

No abstract provided.


Indigenous Water Justice, Barbara Cosens Jan 2018

Indigenous Water Justice, Barbara Cosens

Articles

Indigenous Peoples are struggling for water justice across the globe. These struggles stem from centuries-long, ongoing colonial legacies and hold profound significance for Indigenous Peoples’ socioeconomic development, cultural identity, and political autonomy and external relations within nation-states. Ultimately, Indigenous Peoples’ right to self- determination is implicated. Growing out of a symposium hosted by the University of Colorado Law School and the Native American Rights Fund in June 2016, this Article expounds the concept of “indigenous water justice” and advocates for its realization in three major trans- boundary river basins: the Colorado (U.S./Mexico), Columbia (Canada/U.S.), and Murray-Darling ...


Legislative History Of The Mccarran Amendment: An Effort To Determine Whether Congress Intended For State Court Jurisdiction To Extend To Indian Reserved Water Rights, Dylan R. Hedden-Nicely Oct 2016

Legislative History Of The Mccarran Amendment: An Effort To Determine Whether Congress Intended For State Court Jurisdiction To Extend To Indian Reserved Water Rights, Dylan R. Hedden-Nicely

Articles

The year 1976 marked a sea change in federal policy regarding the treatment of American Indian tribes and their water rights. In that year, the Supreme Court of the United States was called upon to determine the scope of the McCarran Amendment, a rider on a federal appropriations bill that waived the sovereign immunity of the United States in state court general stream adjudications “where it appears that the United States is the owner or is in the process of acquiring water rights by appropriation under State law, by purchase, by exchange, or otherwise.” The Supreme Court, in what has ...


College Of Law Committed To Native Law Program, Mark Adams Oct 2016

College Of Law Committed To Native Law Program, Mark Adams

Articles

No abstract provided.


The Legislative History Of The Mccarran Amendment: An Effort To Determine Whether Congress Intended For State Court Jurisdiction To Extend To Indian Reserved Water Rights, Dylan R. Hedden-Nicely Jan 2016

The Legislative History Of The Mccarran Amendment: An Effort To Determine Whether Congress Intended For State Court Jurisdiction To Extend To Indian Reserved Water Rights, Dylan R. Hedden-Nicely

Articles

The year 1976 marked a sea change in federal policy regarding the treatment of American Indian tribes and their water rights. In that year, the Supreme Court of the United States was called upon to determine the scope of the McCarran Amendment, a rider on a federal appropriations bill that waived the sovereign immunity of the United States in state court general stream adjudications "where it appears that the United States is the owner or is in the process of acquiring water rights by appropriation under State law, by purchase, by exchange, or otherwise." The Supreme Court, in what has ...


Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely Oct 2014

Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely

Articles

No abstract provided.


Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely Oct 2014

Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely

Articles

No abstract provided.


Truth Or Consequences: Settling Water Disputes In The Face Of Uncertainty, Barbara Cosens Jan 2006

Truth Or Consequences: Settling Water Disputes In The Face Of Uncertainty, Barbara Cosens

Articles

No abstract provided.


2005 Indian Water Rights Settlement Conference Keynote Address, Barbara Cosens Jan 2006

2005 Indian Water Rights Settlement Conference Keynote Address, Barbara Cosens

Articles

In September 2005, Native American Rights Fund and Western States Water Council brought the Indian Water Rights Settlement Conference to Moscow, Idaho. Native American Rights Fund is the oldest and largest nonprofit dedicated to asserting and defending Native American interests nationwide, and the Western States Water Council is composed of representatives appointed by the governors of eighteen western states, including Idaho. The conference brings together panel members representing tribal, state, federal agency, congressional, local, and environmental interests to discuss, argue, and at times resolve current issues facing the many efforts to settle Indian water rights in the western United States ...


Framework For Evaluation Of Tribal Water Settlements, Barbara Cosens Oct 2003

Framework For Evaluation Of Tribal Water Settlements, Barbara Cosens

Articles

No abstract provided.


Farmers, Fish, Tribal Power And Poker: Reallocating Water In The Truckee River Basin, Nevada And California, Barbara Cosens Jan 2003

Farmers, Fish, Tribal Power And Poker: Reallocating Water In The Truckee River Basin, Nevada And California, Barbara Cosens

Articles

No abstract provided.


Judicial Termination Of Treaty Water Rights: The Snake River Case, Dale Goble Jan 2000

Judicial Termination Of Treaty Water Rights: The Snake River Case, Dale Goble

Articles

No abstract provided.