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Full-Text Articles in Law
Water For Fish And Farms: An Examination Of Instream Flow Programs In Montana Using Spatially-Explicit Water Rights Data, Anna Leigh Crockett
Water For Fish And Farms: An Examination Of Instream Flow Programs In Montana Using Spatially-Explicit Water Rights Data, Anna Leigh Crockett
Graduate Student Theses, Dissertations, & Professional Papers
The state-level institutions governing water use in the western United States have increasingly come under pressure and scrutiny related to their inability to navigate water use conflicts in recent decades. Rapid population growth and shifting public values towards leaving water instream for recreational and environmental purposes pose challenges to Montana water supplies which are predominantly allocated for irrigated agriculture. Additionally, while water scarcity and unpredictable availability are not new dilemmas in Montana, the rate at which climate change is driving shifts in the distribution, timing, and availability of water supplies is unprecedented. Current water policies may not be nimble enough …
Tribal Water Rights Settlements And Instream Flow Protection, Dylan M. Desrosier
Tribal Water Rights Settlements And Instream Flow Protection, Dylan M. Desrosier
Graduate Student Theses, Dissertations, & Professional Papers
Native American Tribes have been fighting for access, legal recognition, and the control over their water rights for more than a century. Today less than ten percent of the 566 federally recognized Tribes have had their rights legally defined and secured under the law. One particularly complicated and compelling aspect of tribal reserved water rights involves the protection of water instream. Since the McCarran Amendment and state court quantification of Winters reserved rights, Tribes have sought to quantify and protect reserved water rights through negotiated settlement agreements. Although the settlements seek to bring certainty, resolution, and final integration of reserved …