Law Commons^™

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 …

Book Review, Thomas B. Mcaffee

Scholarly Works

Chief Justice Marshall's legendary opinion in Marbury v. Madison has always been the centerpiece of debate over the legitimacy and scope of the power of judicial review. Unsurprisingly, then, Robert Lowry Clinton's thesis that recent arguments about the judicial power reflect a modem revisionism centers on the claim that the famous opinion has been pervasively misunderstood in modem scholarly thought. Clinton's Marbury v. Madison and Judicial Review develops the view that Marbury was written to defend a very limited defensive power of courts to disregard statutes that conflict with constitutional provisions that directly govern the judicial function. The modem view …

A Primer On Resolving Disputes: Lessons From Alternative Dispute Resolution, Harold I. Abramson

Scholarly Works

No abstract provided.

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 …

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 …

Chapter 4 - Self-Ownership And The Political Theory Of Elizabeth Cady Stanton (Previously Published Article), Elizabeth B. Clark

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

The emphasis on freedom or enslavement of the body, and the issues that sprang from that focus, were feminists' contribution to nineteenth-century American liberalism, as well as their link to radical thought. Elizabeth Cady Stanton drew arguments from the realm of political liberty and religious tolerance to make the case for choice in private life. But the vision of individual autonomy in sexual and domestic matters served also as the basis for her definition of citizenship and as a paradigm for relations among citizens and between citizens and the state. Self-ownership was the unifying theme that ran through Stanton's political …

Self-Ownership And The Political Theory Of Elizabeth Cady Stanton, Elizabeth B. Clark

Publications

The emphasis on freedom or enslavement of the body, and the issues that sprang from that focus, were feminists' contribution to nineteenth-century American liberalism, as well as their link to radical thought. Elizabeth Cady Stanton drew arguments from the realm of political liberty and religious tolerance to make the case for choice in private life. But the vision of individual autonomy in sexual and domestic matters served also as the basis for her definition of citizenship and as a paradigm for relations among citizens and between citizens and the state. Self-ownership was the unifying theme that ran through Stanton's political …

Agenda: Water Quality Control: Integrating Beneficial Use And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Protecting water quality is essential to preserve the many beneficial uses of western water resources. This conference addresses the dominant federal requirements in the Clean Water Act, including the important major revisions enacted by Congress in 1987, with special attention to western problems regarding nonpoint source pollution. Developments in groundwater quality regulation are considered, as are selected issues concerning the implications of state and federal water quality regulation for the traditional exercise of water rights.

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 …

Agenda: Water As A Public Resource: Emerging Rights And Obligations, University Of Colorado Boulder. Natural Resources Law Center

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, and Charles F. Wilkinson.

This conference focused on the legal rights associated with a broad range of public uses and interests in water including recreation, fish and wildlife protection, and water quality. Evolving legal areas such as the public trust doctrine, instream flow laws, federal reserved rights, and wetlands protection were discussed.

Water as a Public Resource: Emerging Rights and Obligations considered the extension of the public trust doctrine to areas previously not covered by this concept, as well as developments in …

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 …

Institutionalized Conflicts Between Law And Policy, Joseph P. Tomain

Faculty Articles and Other Publications

Law and policy do not mix well. The legal system is a significant force which contributes to the splintering of substantive policies. While this argument is made with specific reference to energy law and policy, it also has a general application to other classes of complex cases.

The "signs" that law and policy do not interact neatly manifest themselves in the form of conflicts of two different categories. In the first category are conflicts between the ends and purposes of law and policy. These are addressed in Section 11 of this article. In the second category are conflicts within the …

Access To And Across Public Lands, Rebecca Love Kourlis

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

16 pages.

Contains list of references (page 1 of text).

Agenda: The Federal Land Policy And Management Act, University Of Colorado Boulder. Natural Resources Law Center

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Lawrence J. MacDonnell, David H. Getches and Charles F. Wilkinson.

This important piece of legislation, passed by Congress in 1976 following many years of extensive study and debate, directs the activities of the nation's major land manager--the Bureau of Land Management. The FLPMA conference will bring together a distinguished group of experts to review the law itself, to consider the effectiveness with which it has been implemented, and to discuss the key issues which have arisen under its implementation.

Groundwater And Intergovernmental Relations In The Southern San Joaquin Valley, California, Sally K. Fairfax, Barbara T. Andrews

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

25 pages (includes maps).

Compound Discrimination: The Interaction Of Race And Sex In Employment Discrimination, Elaine W. Shoben

Scholarly Works

The courts have not yet clearly resolved whether Title VII of the Civil Rights Act of 1964 prohibits compound discrimination, that is, discrimination based on a combination of protected characteristics—such as race and sex-rather than single protected characteristics—such as race alone or sex alone. Professor Shoben argues that both the logic and the legislative history of Title VII support the view that compound discrimination is separately protected. She then offers a systematic method for statistically determining whether an employer is discriminating on the basis of a combination of characteristics. Finally, Professor Shoben considers whether single plaintiffs can, consistently with rule …