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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 …

Government Official Torts And The Takings Clause: Federalism And State Sovereign Immunity, Jack M. Beermann

Faculty Scholarship

In this article, I argue that state sovereign and official immunities, insofar as they bar recovery when private parties would be liable for similar conduct, are unconstitutional under the takings clause of the fifth amendment, as applied to the states under the fourteenth.²² A state's refusal to compensate plaintiffs for the tortious damage or destruction of property should be redressed by the federal courts in civil actions brought under § 1983.

Section I of this article provides background through a discussion of the Supreme Court's treatment of the problem of torts committed by government officials, primarily in procedural due …

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. …

The Antitrust Analysis Of Hospital Mergers And The Transformation Of The Hospital Industry, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Prosecutor's Obligation To Grant Defense Witness Immunity, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The author enumerates the three most common situations in which the courts have required the prosecutor to offer immunity to defense witnesses: (1) to safeguard the defendant's right to essential exculpatory testimony; (2) where the use of the prosecutor's powers to grant immunity causes such distortion in the fact-finding process as to require granting immunity to defense witnesses; and (3) where immunity is required to remedy prosecutory misconduct such as the intimidation of witnesses. The use of the "missing witness" instruction to avoid reaching the constitutional issue is also discussed.

State Immunity From Federal Suit -- When Can Congress Alter The Balance?, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.