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Full-Text Articles in Law
Indian Water Rights And The Federal Trust Responsibility, Robert T. Anderson
Indian Water Rights And The Federal Trust Responsibility, Robert T. Anderson
Articles
Although federal policy shifted from assimilation to pro-tribal positions, the federal courts have quite consistently supported Indian reserved water rights. Indian water rights, however, were neglected by Congress in favor of non-Indian agricultural development in the arid West. Modem litigation over tribal rights takes place primarily in state courts that are tempted to interpret the few U.S. Supreme Court cases in ways that protect existing non-Indian uses over senior tribal water rights. Modern Indian water rights settlements tend to protect existing non- Indian uses while providing substantial benefits for tribes, but in a haphazard manner. This article examines the history …
Indian Water Rights: Litigation And Settlements, Robert T. Anderson
Indian Water Rights: Litigation And Settlements, Robert T. Anderson
Articles
This article provides a brief overview of the law of Indian and federal reserved water rights and continues with an examination of the Snake River Water Rights Act. The Act serves as a vehicle for discussion of what is right and what is wrong with the current Indian water rights settlement process. Finally, the article suggests that the Administration modify the portion of its criteria and procedures for Indian water settlements dealing with federal financial contributions. These criteria and procedures need to more accurately reflect the realities of past settlements and promote more successes like the Snake River Water Rights …
Truth Or Consequences: Settling Water Disputes In The Face Of Uncertainty, Barbara Cosens
Truth Or Consequences: Settling Water Disputes In The Face Of Uncertainty, Barbara Cosens
Articles
No abstract provided.
2005 Indian Water Rights Settlement Conference Keynote Address, Barbara Cosens
2005 Indian Water Rights Settlement Conference Keynote Address, Barbara Cosens
Articles
In September 2005, Native American Rights Fund and Western States Water Council brought the Indian Water Rights Settlement Conference to Moscow, Idaho. Native American Rights Fund is the oldest and largest nonprofit dedicated to asserting and defending Native American interests nationwide, and the Western States Water Council is composed of representatives appointed by the governors of eighteen western states, including Idaho. The conference brings together panel members representing tribal, state, federal agency, congressional, local, and environmental interests to discuss, argue, and at times resolve current issues facing the many efforts to settle Indian water rights in the western United States. …