Law Commons^™

Yavapai-Prescott Indian Water Rights Settlement Act Of 1994, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation: Title 1, Sec. 101(b)(5) of An Act to Provide for the Settlement of the Water Rights Claims of the Yavapai-Prescott Indian Tribe in Yavapai County, AZ, and for Other Purposes, PL103-434 (OCT. 31, 1994) Title 1, Sec. 101(b)(5) repeals section 406(k) of Public Law 101-628 which authorizes $30,000,000 in appropriations for the acquisition of land and water resources in the Verde River basin and for the development thereof as an alternative source of water for the Fort McDowell Indian Community. [Source: http://www.gpo.gov/fdsys/pkg/STATUTE-108/pdf/STATUTE-108-Pg4526.pdf]

Northern Cheyenne Indian Reserved Water Rights Settlement Act Of 1992, Amendments Of 1994, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation: Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1994, Sec. 1. PL 103-263, 108 Stat. 575. Amending PL 102-374 by adding provisions assigning responsibility of cost of environmental compliance for Tongue River Dam Project to the US, including reimbursements to MT. [Source| http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1994&isCollapsed=false&leafLevelBrowse=false&isDocumentResults=true&ycord=1025]

San Carlos Apache Tribe Water Rights Settlement Act Of 1992, Amendment Of 1994, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation| 1994 Amendment to the San Carlos Apache Tribe Water Rights Settlement Act of 1992, in Indian Laws Technical Corrections (May 31, 1994) at Sec 2. PL 103-263, 108 Stat. 575 Parties: San Carlos Apache Tribe & US. Amending Sec. 3704(d) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992 (Public Law 102-575 amended by deleting "reimbursable'' and inserting in lieu thereof "nonreimbursable". [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1994&isCollapsed=false&leafLevelBrowse=false&isDocumentResults=true&ycord=1025]

Recognizing And Enforcing State And Tribal Judgments: A Round Table Discussion Of Law, Policy And Practice, Christine Zuni Cruz, Mario E. Occhialino Jr., Philip Sam Deloria, Richard E. Ranson Honorable, Robert N. Clinton, Robert Laurence, Nell Jessup Newton

Faculty Scholarship

Let me begin with a word of introduction. For a long time, we at the American Indian Law Center have been interested in and concerned about the growth and strengthening of tribal governmental institutions. Tribal sovereignty is often talked about in the abstract, but people are somewhat reluctant to deal with the practical issues that are involved when sovereignty is actually exercised: the give and take that governments do all the time in their relationships with each other. We tried to take the leadership a number of years ago in looking at some of the practical issues involved in the …

American Indian Law And History: Instructional Mirrors, Gloria Valencia-Weber

Faculty Scholarship

This article is an expanison of a presentation delivered on January 8, 1993 at the Association of American Law Schools annual meeting. The author presents her interdisciplinary approach to teaching a course on Native American Rights.

Fort Mcdowell Indian Community Water Settlement (Yavapai Nation), Fort Mcdowell Indian Community, United States, State Of Arizona, Salt River Valley Water User's Association, Salt River Project Agricultural Improvement And Power District, Roosevelt Water Conservation District, Central Arizona Water Conservation District, Phoenix, Az, Scottsdale, Az, Glendale, Az, Mesa, Az, Tempe, Az, Chandler, Az, Town Of Gilbert

Native American Water Rights Settlement Project

Settlement: Fort McDowell Indian Community Water Settlement (Jan. 15, 1993) Parties: Fort McDowell Indian Community, Yavapai Nation, Arizona, 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, and Central AZ Water Conservation District. Overall plan is to find enough water to irrigate 4,000 acres with a duty of 4.5 a/f/y and support 18,350 acres with a duty of 1 a/f/y. of urban development. With an exception for the Verde River Spill Water, total diversion (all from above Granite Reef Dam) is limited to …

Recognizing And Enforcing State And Tribal Judgments: A Round Table Discussion Of Law, Policy And Practice, Christine Zuni Cruz, Richard E. Ranson Honorable, Philip Sam Deloria, Robert N. Clinton, Robert Laurence, Nell Jessup Newton, Mario E. Occhialino Jr.

Faculty Scholarship

This article was adapted from a roundtable convened to discuss issues regarding full faith and credit between state and tribal court systems.

Tribal sovereignty is often talked about in the abstract, but people are somewhat reluctant to deal with the practical issues that are involved when sovereignty is actually exercised. This discussion looks at some of the practical and political concerns in the governmental relationship between the judicial branches. This area touches the lives of Indian people the most directly and immediately as it impacts the ability of Indian people to do personal business, and business.

Contract Between The United States And The Jicarilla Apache Tribe, Jicarilla Apache Nation, United States

Native American Water Rights Settlement Project

Settlement Agreement: Contract between the US and the Jicarilla Apache Tribe (Dec. 8, 1992). Parties: Jicarilla Apache Nation and US. The contract will come into effect when certain decrees are entered, claims dismissed, and cases resolved. When a decree is entered in the water rights adjudication styled NM v. US of the NM San Juan River system added to the decree in NM v. Aragon, a second water rights adjudication in NM will fully describe the Nation’s reserved water rights, that is, diversion not to exceed 40K acre-feet per year from the two stream systems. This water will come from …

Ute Indian Rights Settlement Act, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation, Title V - Ute Indian Rights Settlement of the 1992 Act To authorize addition Act to authorize additional appropriations for the construction of the Buffalo Bill Dam & Reservoir, Shoshone Project, Pick-Sloan MO Basin Program, WY, PL 102-575, 106 Stat. 4601, 4650 (Oct. 30, 1992). Parties: US & Ute Tribe. The 1990 Compact is ratified. The Act and revised Ute Indian Compact of 1990 are intended to quantify the Tribe’s reserved water rights; allow increased beneficial use of the water and put the Tribe in the same economic position it would have enjoyed had the Upalco and Uintah …

San Carlos Apache Tribe Water Rights Settlement Act Of 1992, San Carlos Apache Tribe Water Rights Settlement Act, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: San Carlos Apache Tribe Water Rights Settlement Act of 1992, Title 37 of An Act to authorize additional appropriations for the construction of the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming (Oct. 30, 1992) PL 102-575, 106 Stat. 4600, 4740. Parties: San Carlos Apache Tribe, US, AZ, Salt River Project Agricultural Improve and Power District, Roosevelt Water Conservation District, Buckeye Irrigation District, Buckeye Water Conservation and Drainage District, Tempe, Chandler, Mesa, Glendale, Scottsdale, Gilbert and Central AZ Water Conservation District. Tribe is a part of the Gila Water Rights Adjudication. This Act ratifies …

Technical Amendments To Southern Arizona Water Rights Settlement Act Of 1982, United States 102nd Congress

Native American Water Rights Settlement Project

The purpose insofar as it affects the Tohono O'odham Water Rights Settlement is to make various technical amendments in Sec 8.

1992 Amendments 1984 Ak-Chin Water Act, United States 102th Congress

Native American Water Rights Settlement Project

Federal Legislation: Ak-Chin Water Use Amendments of 1992 Sec. 10 (PL 102-497, § 10, 106 Stat. 3258, H.R. 5686 (102nd)) amending Ak-Chin Water Use Act of 1984. Gives Ak-Chin the right to lease or devote permanent water supply to any use, including agricultural, municipal, industrial, commercial, mining, recreational or any other beneficial use, in areas initially designated as Pinal, Phoenix and Tucson Active Management Areas pursuant to AZ Groundwater Management Act of 1980, pursuant to a contract that has been accepted and ratified by a resolution of Ak-Chin Indian Community Council and approved and executed by Secretary. Water rights may …

Jicarilla Apache Tribe Water Rights Settlement Act Of 1992, United States 102nd Congress

Native American Water Rights Settlement Project

Federal legislation: Jicarilla Apache Tribe Water Rights Settlement Act of 1992, PL 102-441, 106 Stat. 2237. Parties: Jicarilla Apache Nation, NM and the US. The US and the Tribal President are authorized to enter into a Settlement Contract. Sections 3 and 4 of the Upper Colorado River Basin Compact should provide sufficient water. The Contract provides 33,500 a/f/y diversion from the Navajo Reservoir or Navajo River, and 6,500 a/f/y from the San Juan-Chama Project. Tribe is entitled to return flows and may subcontract for beneficial uses off reservation, but such uses are subject to state, federal and international law. The …

Northern Cheyenne Indian Reserved Water Rights Settlement Act Of 1992, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992. PL 102-374, 106 Stat. 1186. Parties: US & Northern Cheyenne Nation. The Act ratifies a Compact with MT on June 11, 1991. The Northern Cheyenne Indian Reserved Water Rights Settlement Trust Fund will be established in the US Treasury, but the Tribe shall make a $11.5 million loan available to MT to assist with the Tongue River Dam Project costs (estimated at $52.2 million). For the Tribe itself, there are authorized $7.4 million in 1995, $9 million in 1996 and $5.1 million in 1997. $3.5 million is authorized …

Salt River Pima-Maricopa Indian Community Water Rights Settlement Act Of 1988, Amendments Of 1991, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: 1991 Amendments to Salt River Pima-Maricopa Indian Community Water Rights Settlement of 1988 (Dec. 17, 1991} Amends the Salt River Pima-Maricopa Indian Community Water Rights Settlement Act of 1988 (PL 100-512, sections7(a), 7(d), 10(a)(1)(A), 10(a)(1)(B), and 12(b)) to extend the deadline for completing such Settlement from Dec. 31, 1991, to June 30, 1992. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1025]

An Act Making Appropriations For The Department Of The Interior And Related Agencies For The Fiscal Year Ending September 30, 1992, And For Other Purposes, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: San Luis Rey Indian Water Rights Settlement Act Amendment of 1991 Authority to Disburse Interest Income from the San Luis Rey Tribal Development Fund. (Nov. 13, 1991) Parties: La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians, US, CA, Escondido Mutual Water Company and Vista Irrigation District. Amends Public Law 100-675, Sec. 117 to provide authority to disburse interest income to the San Luis Rey Indian Water Authority from the San Luis Rey Tribal Development Fund until the final Settlement is completed. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1991&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1991&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-105&ycord=1025]

Northern Cheyenne Tribe Water Rights Compact, Northern Cheyenne Tribe, Mt

Native American Water Rights Settlement Project

Settlement Agreement and State Legislation: Water Rights Compact State among Montana, Northern Cheyenne Tribe and US. MCA 85-20-301 (1991). The statute ratifies Compact between Northern Cheyenne, MT and US. This Compact resolves all water claims by the Northern Cheyenne within MT so long as the Tongue River Reservoir is repaired and expanded. Pre-existing stock water, domestic and municipal water uses are recognized. Tribe has right to 32,500 a/f/y of direct flow and storage from the Tongue River Basin (and first rights to excess) with a priority date of Oct. 1, 1881 provided that actual depletion does not exceed 9,375 a/f/y. …

Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley

Faculty Scholarship

This article examines the ongoing struggle of Indians to gain the right to vote and, thus, have a meaningful opportunity to fully participate in the political process. It will discuss historical and modern disenfranchisement and the continued progress toward the goal of political equality envisioned by the fifteenth amendment.

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 …

Fort Hall Indian Water Rights Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort Hall Water RIghts Act of 1990 (PL 101-602, 104 Stat. 3059, H.R. 5308) Parties: Shoshone-Bannock Tribes, ID, and US. The Act ratifies the Settlement Agreement. It protects existing uses through authorizing contracting for storage space in existing reserviors and placing limits on setting aside of final decree. It addresses the leases, transfers and uses of tribal rights, including instream flows, abandonment or forfieture and uses off reservation.The Act addresses contributions including: a Tribal Development Fund, construction of a Reservation Water Management System; acquisition of lands and grazing rights; places limits on per capita distributions to tribal members; …

Truckee-Carson-Pyramid Lake 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

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 …

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 …

Solicitor Tarr Opinion--Pueblo Of Sandia Boundary, Ralph W. Tarr

Sandia Pueblo Mountain Claim

"'The Pueblo claims that approximately 10,000 acres of land were incorrectly excluded from a patent issued to the Pueblo by the United States in 1864 because the surveyor erred in not including all of the land originally granted the Pueblo by the Spanish in 1748. The major portion of the land claimed is managed by the United States Forest Service as parts of the Cibola National Forest and the Sandia Mountain Wilderness. The claimed area includes 665 acres of private inholdings (the ""inholdings"", the ""private inholders"", or the ""inholders""), as well as the Juan Tabo Recreation Area. The Pueblo requests …

San Luis Rey Indian Water Rights Settlement Act Of 1988, United States 100th Congress

Native American Water Rights Settlement Project

Federal Legislation: San Luis Rey Indian Water Rights Settlement Act of 1988, PL 100-675, 102 Stat. 4000 (Nov. 17, 1988). Parties: La Jolla Band of Luiseno Indians, Pala Band of Luiseno Mission Indians, Pauma Band of Luiseno Mission Indians, Rincon Band of Luiseno Mission Indians, San Pasqual Band of Diegueno Mission Indians, located in San Diego County, CA, US, CA, Escondido Mutual Water Company and Vista Irrigation District. The federal legislation was passed before the settlement agreement was developed. The purpose of the Act is to develop a reliable source of water for the Bands and to resolve their federal …

Colorado Utes Indian Water Rights Settlement Act Of 1988, United States 100th Congress

Native American Water Rights Settlement Project

Federal Legislation: Colorado Ute Indian Water Rights Settlement Act of 1988 (PL 100-585, 102 Stat. 2973) The DOI Secretary is authorized to supply water from the Animas-La Plata and Dolores Projects, which cannot be sold or leased into the Lower Colorado River Basin except under limited circumstances. The Tribes can transform a water right into a "CO State water right" and then sell or lease it. Colorado River Compact restrictions apply. The Act disapproves characterization in the Agreement of water rights which may be used off the Reservation as “project reserved water right” or “non-project reserved water right” any claims …

Salt River Pima-Maricopa Indian Community Water Rights Settlement Act Of 1988, United States 100th Congress

Native American Water Rights Settlement Project

Federal Legislation: Salt River Pima-Maricopa Indian Community Water Rights Settlement of 1988, PL 100-51, 102 Stat 2549 (Oct. 22, 1988) Parties: US, Salt River Pima-Maricopa Indian Community The US originally gained trustee control of water rights of Community through Kent decree of 1910 and Bartlett Dam Agreement of 1935. The Community's rights are a part of the Gila River System adjudication. Settlement Agreement resolved water right issues of the parties among and between them, quantified the Community’s water rights, and prescribed how to resolve any remaining claims the Community or allottees may have against the US. Neighboring communities will transfer …

Salt River Pima-Maricopa Indian Community Water Rights Settlement Agreement Of 1988, Salt River Pima-Maricopa Indian Community Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Salt River Pima-Maricopa Indian Community Water Rights Settlement Agreement of 1988. Parties: US, AZ, Salt River Pima-Maricopa Indian Community, Salt River Project Agricultural Improvement and Power District, Salt River Water Users Association, Roosevelt Water Conservation District, Roosevelt Irrigation, Chandler, Glendale, Mesa, Phoenix, Scottsdale, Tempe, Gilbert,Central AZ Water Conservation District. Contains stipulations, sources of water, expected groundwater recharge, Kent water, Bartlett Dam water, spill water, contracts with cities such as Phoenix, limitations on use, CAP water leasing and multiple exhibits.Exhibits 2.17-3.d of SRPMIC Settlement includes a "Map of SRPMIC Reservation" and several cases: Salt River Pima-Maricopa Indian Community v. …

Florida Indian (Seminole) Land Claims Settlement Act, United States 100th Congress

Native American Water Rights Settlement Project

Federal Legislation: Florida Indian (Seminole) Land Claims Settlement Act of 1987, 25 USC 19, Sec. 1772; PL 100-228, §2, 101 Stat. 1556 (Dec. 31, 1987). Parties: Seminole Tribe of Florida & US. Seminole land claims suit based on aboriginal possession pending in USDC Southern District of FL. The State, District and Tribe have executed agreements including a water rights Compact, to resolve the lawsuit. Congress approves the Compact, including any transfers, waivers, releases, relinquishments and other commitments. The compact defining the scope of Seminole water rights and their utilization by the Tribe shall have the force and effect of Federal …

Water Rights Compact Among Seminole Tribe Of Florida, Florida And South Florida Water Management District, Seminole Tribe Of Florida Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Water Rights Compact among the Seminole Tribe of Florida, State Of Florida and South Florida Water Management District (May 15, 1987) Parties: Seminole Tribe of Florida, State Of Florida and South Florida Water Management District .The Compact recognizes water rights under federal for the Tribe and the Tribe gives up federal reserved rights under Winters. The Tribe will comply with the state law of 1986 for regulating water use. The Tribe is not under to the procedural provisions of the Florida Water Resources Act or administrative control by the District and has regulatory authority over water use and …