Law Commons^™

Confederated Tribes Of The Warm Springs Reservation Water Rights Settlement Agreement, Confederated Tribes Of The Warm Springs Reservation Et Al

Native American Water Rights Settlement Project

Reservation, and long-term cooperative management of the waters. The Tribes shall not convert any existing non-consumptive use to a consumptive use. The Agreement designates the amounts of instream flows and diverted water for the Tribes. The Tribes have the first priority for their Tribal Reserved Water Right; however, existing State law water rights will not be curtailed in favor of the Tribal Reserved water right. The water right may be obtained from surface or groundwater. A part of the Tribal Reserved Water Right may be used off reservation, subject to federal, state and Tribal Law. While used on Reservation the …

Order Granting Motion For Extension, Harold H. Greene

Sandia Pueblo Mountain Claim

No abstract provided.

Plaintiff's Reply To Intervenor-Defendants' Memorandum In Opposition To Plaintiff's Motion For Summary Judgment, And Plaintiff's Response To Intervenor-Defendants' Cross-Motion For Summary Judgment, Peter T. Grossi Jr.

Sandia Pueblo Mountain Claim

No abstract provided.

Plaintiff's Response To Bernalillo County's Proposed Uncontroverted Facts, Peter T. Grossi Jr.

Sandia Pueblo Mountain Claim

No abstract provided.

Bernalillo's County's Cross-Motion For Summary Judgment, Thomas R. Bartman, Carol E. Dinkins

Sandia Pueblo Mountain Claim

Defendant-Intervenor Bernalillo County, New Mexico adopts this cross-motion in support of the Federal Defendants' Cross-motion for Summary Judgment and Memorandum in Support (filed June 27, 1997). As set out in the Federal Defendants Memorandum in Support, the administrative record demonstrates that Secretary Hodel's decision not to grant the Pueblo's claim was fully supported by the record and was neither arbitrary nor capricious, and that Secretary Babbitt's inaction on the Pueblo's claim does not constitute reviewable final agency action and/or was not arbitrary and capricious.

Intervenor-Defendant Bernalillo County's Memorandum In Opposition To Plaintiff's Motion For Summary Judgment And In Support Of County's Cross-Motion For Summary Judgment, Thomas R. Bartman, Carol E. Dinkins

Sandia Pueblo Mountain Claim

Intervenor-defendant Bernalillo County, New Mexico states its opposition to the Motion for Summary Judgment of Plaintiff Pueblo of Sandia (filed June 26, 1996) and joins in with and adopts the United States' Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment (filed June 27, 1997). Further, Defendant Bernalillo County moves the Court to grant it summary judgment on the same grounds on which it opposes Plaintiff's Summary Judgment Motion.

Bioethics Policy: Looking Beyond The Power Of Sovereign Governments (Foreword), Robert L. Schwartz

Faculty Scholarship

Lawyers are trained to think in terms of power exercised by a sovereign-an institution authorized to enforce a procedurally appropriate decision with coercive force.' Generally, lawyers have a broad notion of what constitutes a sovereign. In the United States, for example, this notion includes the federal government, state governments, most tribal units, traditional territorial governments and their agencies-e.g., school boards, local public park districts, water run-off management districts, and flea abatement boards-and a host of other institutions. As a result, it is difficult for lawyers to recognize that policy also may emanate from other institutions that possess only persuasive authority, …

A Brief History Of New Mexico Water Rights Administration Since 1907, G. Emlen Hall

Faculty Scholarship

Let's get right down to it: If the Big Bang Theory of the beginning of our universe applied to New Mexico water law as we know it today, there would be no trouble setting the date on which the Creation occurred: March 19, 1907.1.0n that date the Water Code under which we now live became effective and the water world we now live in began. So important is this date in the cosmology of New Mexico water rights that every water lawyer and every water engineer---in short, every "eginawyer" in the words of United States District Judge Edwin Mechem---can recite …

Plaintiff's Reply To Defendants' Memorandum In Opposition To Plaintiff's Motion For Summary Judgment, And Plaintiff's Response To Defendants' Cross-Motion For Summary Judgment, Peter T. Grossi Jr.

Sandia Pueblo Mountain Claim

No abstract provided.

The Legal Regime For Protecting Cultural Property During Armed Conflict, Joshua E. Kastenberg

Faculty Scholarship

This article examines the depth of customary international law – that is the accepted practices and norms of the international community – with respect to cultural property, the 1954 Hague Convention and Additional Protocol One, and Department of Defense and Air Force policy. Section I will discuss the evolution toward a customary development of an international law of war to protect cultural properties. This section also notes the basic principles of the law of armed conflict. Section II examines the terms of the 1954 Hague Convention, and Additional Protocol One to the Geneva Convention. Section II also applies the various …

Honesty, Privacy And Shame: When Gay People Talk About Other Gay People To Nongay People, Steven K. Homer, David L. Chambers

Faculty Scholarship

There is a longstanding convention among lesbians and gay men in the United States: Do not reveal the sexuality of a gay person to a heterosexual person; unless you are certain that the gay person does not regard his sexuality as a secret. This article looks that this convention as it applies in the context of conversations between individuals about acquaintances, friends, and the person next door. We focus on the outing of ordinary people by other ordinary people because the day-to-day lies openly gay people tell to protect friends and acquaintances often place the tellers in a personal ethical …

Federal Defendants' Statement Of Genuine Issues In Response To Plaintiff's Statement Of Undisputed Facts, Andrew M. Eschen

Sandia Pueblo Mountain Claim

No abstract provided.

San Carlos Apache Tribe Amendments To Act Of 1992, 1997 Amendment To The San Carlos Apache Tribe Water Rights Settlement, 105th Congress

Native American Water Rights Settlement Project

Federal Legislation: Department of the Interior, General Provisions - San Carlos Apache Tribe Amendments to Act of 1992, Chapter 5 of Emergency Supplemental Appropriations For Recovery From Natural Disasters, And For Overseas Peacekeeping Efforts, Including Those In Bosnia, PL 105-18, 111 Stat. 158, 181-187 (Jun. 12, 1997). Parties: US & San Carlos Apache Tribe. 1992 Settlement Act amended 3711 to move deadline to Mar. 31, 1999 & effect on deadline of submission of a proposed Settlement Agreement to Gila Adjudication court; and addition of certain parties & definitions to the 1992 Settlement Agreement. The provisions address the transfer of the …

Rocky Boy's Indian Reservation Compact, Mt, Chippewa-Cree Tribe

Native American Water Rights Settlement Project

Settlement - State Legislation: There is no stand alone settlement agreement: Water Rights Compact - MT, Chippewa-Cree Tribe of Rocky Boy's Reservation & US of 1997 (MCA 85-20-601) This Compact arose out of a MT state court water rights adjudication. It serves both as settlement agreement and state legislation. The Compact sets forth the Tribe’s rights and involve Stoneman Reservoir, East Fork Reservoir, Gravel Coulee, Lower Big Sandy Creek, Ancestral Missouri River Channel Aquifer, Box Elder Creek, Beaver Creek, Camp Creek, Duck Creek, Gorman Creek, Lake Elwell, Bonneau Reservoir, Brown’s Reservoir, and new impoundments. It identifies rights in groundwater and …

Commission Meeting Transcript--February 18, 1997, Western Waters Policy Review Advisory Commission

Aquatic Ecology Symposium

Transcript of a meeting of the Aquatic Ecology Symposium.

Tempe Mission Palms, Tempe, Arizona

Order Granting Motion To Intervene, Harold H. Greene

Sandia Pueblo Mountain Claim

No abstract provided.

Role Of State Agencies In Protecting Aquatic Ecosystems, Duane L. Shroufe

Aquatic Ecology Symposium

No abstract provided.

California Resources Agency, California Resources Agency

Aquatic Ecology Symposium

No abstract provided.

The Role Of The U.S. Epa In Protecting Aquatic Ecosystems, John Meagher

Aquatic Ecology Symposium

No abstract provided.

Agenda--February 17-18, 1997, Western Waters Policy Review Advisory Commission

Aquatic Ecology Symposium

Agenda for the Aquatic Ecology Symposium.

The Pecos River Controversy- How Did We Get Here?, G. Emlen Hall

Faculty Scholarship

Conference program only.

National Resources Conservation Service, Warren M. Lee

Aquatic Ecology Symposium

No abstract provided.

Stipulation For Enlargement Of Time To Answer Complaint, Andrew M. Eschen

Sandia Pueblo Mountain Claim

No abstract provided.

Instream Flow Protection For Fish And Wildlife In Alaska And The Nation, Christopher C. Estes

Aquatic Ecology Symposium

No abstract provided.

United States Forest Service, United States Forest Service

Aquatic Ecology Symposium

No abstract provided.

Response Of The Bureau Of Land Management, Bureau Of Land Management

Aquatic Ecology Symposium

No abstract provided.

Meeting Minutes--November 22, 1996, Western Waters Policy Review Advisory Commission

Aquatic Ecology Symposium

Minutes of a prior meeting of the Western Water Policy Advisory Commission distributed prior to the Aquatic Ecology Symposium.

Voicing Differences (Comment), Margaret E. Montoya

Faculty Scholarship

Jane Aiken and Kimberly O'Leary undertake the difficult work of developing specific approaches and techniques for taking account of characteristics such as race/ethnicity, gender, dis/ability, and sexual identity in clinical pedagogy. Carolyn Grose uses outsider narratives and popular culture to challenge the "pre-understanding" of students, and to assist them to accept client stories as true and valid. Focusing on the professional value of striving to promote justice, fairness, and morality identified in the MacCrate Report, Professor Aiken exhorts us to promote justice by unmasking privilege, the invisible package of unearned assets--about which I (we? or you?) was "meant" to remain …

Academic Mestizaje: Re/Producing Clinical Teaching And Re/Framing Wills As Latina Praxis, Margaret E. Montoya

Faculty Scholarship

What follows is an analysis that draws connections between activist teaching and activist scholarship and posits that it is the activism, the focus on the needs of Latinas/as, that makes them community service. In Part I, I describe the community lawyering program, one of the clinical law options, available at the University of New Mexico School of Law. In Part Il, I undertake to re-frame the law of wills in order to make this end-of-life ritual more relevant to the lives of Latinas/os. I then I enact a LatCritique of academic discussions and Outsider discourses. I conclude by examining our …

Alternative Visions Of American Constitutionalism: Popular Sovereignty And The Early American Constitutional Debate, Christian G. Fritz

Faculty Scholarship

This Article explores the revolutionary period and the early national period of American constitutionalism, examining popular sovereignty as the foundation of American governance and political power. It intends to challenge standard perspectives on American constitutionalism, in particular the notion that the United States Constitution was the model constitution and reflected the mature, complete understanding of how to translate revolutionary theory into republican practice. The Federal Constitution was not the culmination of the "correct" understanding of popular sovereignty, but merely one version that ultimately produced a distinct constitutional tradition. An alternative vision, however, existed, survived, and gave coherence to a rather …