Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

2010

Indigenous, Indian, and Aboriginal Law

Institution
Keyword
Publication

Articles 1 - 30 of 56

Full-Text Articles in Law

Navajo Nation San Juan Basin In New Mexico Water Rights Settlement Agreement Of 2010, Navajo Nation, New Mexico, United States Dec 2010

Navajo Nation San Juan Basin In New Mexico Water Rights Settlement Agreement Of 2010, Navajo Nation, New Mexico, United States

Native American Water Rights Settlement Project

Settlement Agreement: Navajo Nation San Juan Basin, NM Water Rights Settlement (Dec. 17, 2010) Parties: Navajo Nation, US, NM. This Settlement relates to the Navajo Nation’s water rights in the San Juan River Basin located in NM. It is a part of the Juan River adjudication. It reconciles the Apr. 19, 2005 agreement with the Settlement Act. Allottees may make individual water right claims based upon historic and existing uses found in the Joint Hydrographic Survey Report. This Settlement finalizes all claims the Nation could make to the San Juan River Basin and settles all causes of action against the …


Judicial System Rises To Challenges Of Times, Kevin Washburn Dec 2010

Judicial System Rises To Challenges Of Times, Kevin Washburn

Faculty Scholarship

No abstract provided.


Crow Water Rights Settlement Act Of 2010, United States 111th Congress Dec 2010

Crow Water Rights Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Title IV: Crow Tribe Water Rights Settlement - Crow Tribe Water Rights Settlement of 2010 in the Claims Resolution Act of 2010 (PL111-291| 124 Stat 3097). The Act ratifies, authorizes, and confirms the water rights 1999 Compact between the Crow Tribe and MT. The DOI Secretary shall promptly execute the Compact and comply with applicable environmental acts and regulations. The Act provides for: 1) the Tribe to a) rehabilitate and improve the Crow Irrigation Project; and b) Reclamation to construct the municipal, rural, and industrial water system; 2) creates a Project Management Committee made up of the Tribe, …


Taos Pueblo Indian Water Rights Settlement Act Of 2010, United States 111th Congress Dec 2010

Taos Pueblo Indian Water Rights Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Claims Resolution Act of 2010, Title V: Taos Pueblo Indian Water Rights Settlement of 2010 (Sec. 501) Parties: Pueblo of Taos, NM, US, Town of Taos, El Prado Water & Sanitation District, Acequia Madre del Rio Lucero y del Arroyo Seco, Acequia Madre del Prado, Acequia del Monte, Acequia Madre del Rio Chiquito, Upper Ranchitos Mutual Domestic Water Consumers Assn, Upper Arroyo Hondo Mutual Domestic Water Consumers Assn, Llano Quemado Mutual Domestic Water Consumers Assn. Federal Legislation to approve, ratify, and confirm the Taos Pueblo Indian Water Rights Settlement; to authorize and direct the Secretary to execute the …


White Mountain Apache Tribe Water Rights Quantification Act Of 2010, United States 111th Congress Dec 2010

White Mountain Apache Tribe Water Rights Quantification Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Claims Settlement Act of 2010, TITLE III—White Mountain Apache Tribe Water Rights Quantification, PL111-291| 124 Stat 3064, 3073 (Dec. 8, 2010). Parties: White Mountain Apache Tribe, US, AZ. The Act ratifies, authorizes, and confirms the WMAT Water Rights Quantification settlement; authorizes the DOI Secretary to execute the and take all necessary action; to authorize appropriations; and, to permanently resolve certain damages and water rights in the general adjudication of the Gila River System and Little CO River System. The provides for: 1) environmental compliance; 2) tribal water rights; 3) CAP reallocation; 4) tribal leasing, distributing, exchanging or allocation …


Aamodt Litigation Settlement Act Of 2010, United States 111th Congress Dec 2010

Aamodt Litigation Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Title VI: Aamodt Litigation Settlement of the Claims Settlement Act of 2010 (PL 111-291, 124 Stat 3064, 3134). 66cv06639, USDC, DCNM. Federal Legislation to resolve the water rights of Pueblos of Nambé, Pojoaque, San Ildefonso, and Tesuque. Key provisions include: 1) a regional water diversion, treatment and distribution system to serve the Pueblos and the customers of Santa Fe County; 2) a Regional Water Authority, a county utility, and Pueblo water facilities; 3) operation, cost-sharing, and system integration; 4) Reclamation design and construction of the system; 5) conjunctive management of surface and groundwater; 6) well fields, aquifer storage …


Agenda: Opportunities And Obstacles To Reducing The Environmental Footprint Of Natural Gas Development In The Uintah Basin, Utah State University. Bingham Entrepreneurship And Energy Research Center, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Houston Advanced Research Center. Environmentally Friendly Drilling Systems Program Oct 2010

Agenda: Opportunities And Obstacles To Reducing The Environmental Footprint Of Natural Gas Development In The Uintah Basin, Utah State University. Bingham Entrepreneurship And Energy Research Center, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Houston Advanced Research Center. Environmentally Friendly Drilling Systems Program

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

A public workshop to discuss “Opportunities and Constraints to Reducing the Environmental Footprint of Natural Gas Development” was held in Vernal, Utah on October 14, 2010 at the Vernal campus of Utah State University. The workshop was sponsored by Utah State University, The Bingham Energy Research Center; The University of Colorado Natural Resources Law Center; and the Houston Advanced Research Center, Environmentally Friendly Drilling Program.

The meeting included presentations and panel discussions on:

  • Trends and environmental issues related to natural gas development
  • Examples of environmental innovations being used in the Uintah Basin
  • Examples of innovation & tools from outside the …


Slides: Assessing Opportunities And Barriers To Reducing The Environmental Footprint Of Oil And Gas Development In Utah, Douglas Jackson-Smith, Lorien Belton, Brian Gentry, Gene Theodori Oct 2010

Slides: Assessing Opportunities And Barriers To Reducing The Environmental Footprint Of Oil And Gas Development In Utah, Douglas Jackson-Smith, Lorien Belton, Brian Gentry, Gene Theodori

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Dr. Douglas Jackson-Smith, Utah State University--Logan Campus

37 slides


Reply Brief For Petitioner Sep 2010

Reply Brief For Petitioner

Suquamish Indian Tribe v. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))

No abstract provided.


Brief In Opposition To Petition For A Writ Of Certiorari By Respondent Tribes Upper Skagit Indian Tribe, Swinomish Indian Tribal Community, Jamestown S'Klallam Tribe, Port Gamble S'Klallam Tribe, And Tulalip Tribes Sep 2010

Brief In Opposition To Petition For A Writ Of Certiorari By Respondent Tribes Upper Skagit Indian Tribe, Swinomish Indian Tribal Community, Jamestown S'Klallam Tribe, Port Gamble S'Klallam Tribe, And Tulalip Tribes

Suquamish Indian Tribe v. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))

No abstract provided.


Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams Jul 2010

Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966 – 1975), the Commercial Architecture Era (1976 – 1991), and the Progressive Planning Era (1992 – 2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources …


Baselines Newsletter, No. 6, Summer/Fall 2010, University Of Colorado Boulder. Natural Resources Law Center Jul 2010

Baselines Newsletter, No. 6, Summer/Fall 2010, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.


Petition For Writ Of Certiorari Jul 2010

Petition For Writ Of Certiorari

Suquamish Indian Tribe v. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))

No abstract provided.


Agency Culture And Conflict: Federal Implementation Of The Indian Gaming Regulatory Act By The National Indian Gaming Commission, The Bureau Of Indian Affairs, And The Department Of Justice, Kevin Washburn Jul 2010

Agency Culture And Conflict: Federal Implementation Of The Indian Gaming Regulatory Act By The National Indian Gaming Commission, The Bureau Of Indian Affairs, And The Department Of Justice, Kevin Washburn

Faculty Scholarship

Indian gaming provides a lens through which to consider the implications of divided federal executive power. The Indian Gaming Regulatory Act is implemented by at least three federal agencies, each of which has somewhat different interests. Moreover, none of these agencies is monolithic and each must reconcile competing interests within its own domain. In examining the culture of three federal agencies, the author seeks to shed light on divided executive branch governance. The article briefly addresses three different issues: the 'independence' of an independent agency, the NIGC, which lacks litigating authority; the problem with shared subject matter jurisdiction by DOJ …


Wide Right: Why The Ncaa's Policy On The American Indian Mascot Issue Misses The Mark, André Douglas Pond Cummings May 2010

Wide Right: Why The Ncaa's Policy On The American Indian Mascot Issue Misses The Mark, André Douglas Pond Cummings

Faculty Scholarship

Of the many civil rights and social justice issues that continue to cloud United States race relations, one persists in dividing parties: the use of American Indian mascots and imagery by collegiate and professional athletic teams. Scholars and academics weigh in annually on this divisive issue, while certain university administration officials vigorously defend continued use of Native American mascots and monikers at their institutions. Across the United States, various university officials and alumni debate the continued use of mascots such as the “Fighting Sioux,” the “Running Utes” and “Chief Illiniwek.”

In a broader context, the mistreatment and abuse of American …


Water Law In The Western United States, Susan Kelly Apr 2010

Water Law In The Western United States, Susan Kelly

Publications

No abstract provided.


Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board Mar 2010

Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board

Publications

No abstract provided.


Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert Mar 2010

Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert

Publications

No abstract provided.


Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan Mar 2010

Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan

Publications

No abstract provided.


Environmental Flow Issues & Science, Tom Annear Mar 2010

Environmental Flow Issues & Science, Tom Annear

Publications

No abstract provided.


Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger Mar 2010

Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger

Publications

No abstract provided.


Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd Mar 2010

Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd

Publications

No abstract provided.


Environmental Flows Allocation Process In Texas, Kevin Mayes Mar 2010

Environmental Flows Allocation Process In Texas, Kevin Mayes

Publications

No abstract provided.


Geomorphic Condition And Shallow Aquifers, Shann Stringer Mar 2010

Geomorphic Condition And Shallow Aquifers, Shann Stringer

Publications

No abstract provided.


Riparian Area And Upper Watershed Condition, Mary Steuver Mar 2010

Riparian Area And Upper Watershed Condition, Mary Steuver

Publications

No abstract provided.


The E-Flow Challenge In An Acequia Irrigation System With Storage - Environmental Flow Workshop, Harold Trujillo Mar 2010

The E-Flow Challenge In An Acequia Irrigation System With Storage - Environmental Flow Workshop, Harold Trujillo

Publications

No abstract provided.


Testimony Before The U.S. Sentencing Commission On The Tribal Law And Order Act, Kevin Washburn Jan 2010

Testimony Before The U.S. Sentencing Commission On The Tribal Law And Order Act, Kevin Washburn

Faculty Scholarship

Under longstanding policy, the U.S. Sentencing Commission takes the position that tribal court convictions ought not be counted for purposes of evaluating a convicted defendant's criminal history. Because in some cases this policy underestimates a defendant's criminal history, it undermines the utilitarian and retributive purposes of federal sentencing. The Tribal Law and Order Act, currently pending in Congress and supported by the President, should cause the United States Sentencing Commission to reconsider its position on tribal convictions. The Act would provide clear federal authorization for tribal court felony sentences of up to three years per offense as long as tribal …


Second Affidavit In Duluth V. Fond Du Lac Band Of Lake Superior Chippewa, Kevin Washburn Jan 2010

Second Affidavit In Duluth V. Fond Du Lac Band Of Lake Superior Chippewa, Kevin Washburn

Faculty Scholarship

No abstract provided.


The Treaty Of Fort Laramie With Sioux, Etc., 1851: Revisiting The Document Found In Kappler's Indian Affairs: Laws And Treaties - Website Announcement & Link, Charles D. Bernholz, Brian Pytlik Zillig Jan 2010

The Treaty Of Fort Laramie With Sioux, Etc., 1851: Revisiting The Document Found In Kappler's Indian Affairs: Laws And Treaties - Website Announcement & Link, Charles D. Bernholz, Brian Pytlik Zillig

UNL Libraries: Faculty Publications

Government Documents and the Center for Digital Research in the Humanities at the University of Nebraska-Lincoln Libraries are pleased to announce the release of a World Wide Web site, entitled The Treaty of Fort Laramie with Sioux, etc., 1851: Revisiting the document found in Kappler's Indian Affairs: Laws and Treaties.

This treaty was an important transaction formed by the federal government with a number of prominent American Indian tribes of the Great Plains. Its creation and provisions were a demonstration of the growing need for less animosity among the tribes themselves, in part to yield increased security for an ever-growing …


Measured Sovereignty: The Political Experiences Of Indigenous Peoples As Nations And Individuals, David E. Wilkins Jan 2010

Measured Sovereignty: The Political Experiences Of Indigenous Peoples As Nations And Individuals, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

On June 18, 2001, in Washington, D.C., Jack Abramoff, a powerful Washington lobbyist, met with Michael Scanlon, a former congressional communications director, to secretly discuss a partnership centered around a firm known as "Capi­tol Carnpaign Strategies" (CCS). Their strategy, later labeled as "Gimme Five," was designed to put in $5 million a year to CCS, revenue that was to be secured from several Indian nations that had grown wealthy through gaming operations. Later, the expression "Gimme Five" was understood as entailing major kickbacks to Abramoff from payments made by any of Scanlon's American Indian clients to Scanlon. By late 2004, …