Indigenous, Indian, and Aboriginal Law Commons^™

Shrinking Indian Country: A State Offensive To Divest Tribal Sovereignty, Gloria Valencia-Weber

Faculty Scholarship

In Sac and Fox, the Oklahoma Tax Commission (OTC) argued that the Sac and Fox reservation was disestablished in the 1891 Allotment Agreement, and therefore the tribe was deprived of a cognizable land base on which it could exercise governmental power immune from the reach of the state. Based on this characterization of the land base, the OTC then argued that it could reach into Sac and Fox land and impose income and vehicle taxes. The tribe, of course, rejected any such characterization of its land base and resisted any attempt by the state to interfere with its sovereign control …

Domestic Violence And Tribal Protection Of Indigenous Women In The United States, Christine Zuni Cruz, Gloria Valencia-Weber

Faculty Scholarship

The purpose of this article is to discuss openly the issue of the physical abuse of American Indian women in a manner that reflects the authors' knowledge of how American Indian people live. This article confronts presumptions or pre-existing notions about the indigenous people of the United States that pervade popular culture. Initially, this article will examine the sovereign nature of the tribal nations within the parameters of both international law and United States jurisprudence. This article will also address the way in which some international instruments relate to the rights and protection of indigenous people, including specific provisions for …

Exhibits To Motion To Intervene And Memorandum Of Law In Support, United States District Court District Of Columbia

Sandia Pueblo Mountain Claim

No abstract provided.

Affidavit Of Arthur Gardenswartz, Arthur Gardenswartz

Sandia Pueblo Mountain Claim

No abstract provided.

Affidavit Of Paul Fore, Paul Fore

Sandia Pueblo Mountain Claim

No abstract provided.

Proceedings In Regard To The Construction Of The Mission And Pueblo Of Our Lady Of Sorrow Of Sandia, Concerning Which This Attestation, To The Letter, Is Sent To The Superior Government Of This New Spain As Will Be Perceived Within Etc., Fray Juan Miguel Menchero, Joachin Codallos Y Rabal, Bernardo Antonio De Bustamante Y Tagle, Myra Ellen Jenkins

Sandia Pueblo Mountain Claim

This is a copy of a translation with the original text of the Spanish document granting land to the Pueblo of Sandia.

An Act To Provide For The Settlement Of The Water Rights Claims Of The Yavapai-Prescott Indian Tribe In Yavapai County, Az, And For Other Purposes, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation: An Act To Provide for the Settlement of the Water Rights Claims of the Yavapai-Prescott Indian Tribe in Yavapai County, Arizona, and for Other Purposes, P.L. 103-434, 108 Stat. 4526 (Oct. 31, 1994. Parties: Yavapai-Prescott Indian Tribe, AZ, Prescott, Chino Valley Irrigation District & US. Title I of the Act is the Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1994, which ratifies the Settlement Agreement entered into by the Tribe, AZ, US, Prescott, and the Chino Valley Irrigation District. It provides for the settlement of all water between and among the parties. The Secretary is authorized to …

Yavapai-Prescott Indian Water Rights Settlement Act Of 1994, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation: Title 1, Sec. 101(b)(5) of An Act to Provide for the Settlement of the Water Rights Claims of the Yavapai-Prescott Indian Tribe in Yavapai County, AZ, and for Other Purposes, PL103-434 (OCT. 31, 1994) Title 1, Sec. 101(b)(5) repeals section 406(k) of Public Law 101-628 which authorizes $30,000,000 in appropriations for the acquisition of land and water resources in the Verde River basin and for the development thereof as an alternative source of water for the Fort McDowell Indian Community. [Source: http://www.gpo.gov/fdsys/pkg/STATUTE-108/pdf/STATUTE-108-Pg4526.pdf]

Northern Cheyenne Indian Reserved Water Rights Settlement Act Of 1992, Amendments Of 1994, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation: Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1994, Sec. 1. PL 103-263, 108 Stat. 575. Amending PL 102-374 by adding provisions assigning responsibility of cost of environmental compliance for Tongue River Dam Project to the US, including reimbursements to MT. [Source| http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1994&isCollapsed=false&leafLevelBrowse=false&isDocumentResults=true&ycord=1025]

San Carlos Apache Tribe Water Rights Settlement Act Of 1992, Amendment Of 1994, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation| 1994 Amendment to the San Carlos Apache Tribe Water Rights Settlement Act of 1992, in Indian Laws Technical Corrections (May 31, 1994) at Sec 2. PL 103-263, 108 Stat. 575 Parties: San Carlos Apache Tribe & US. Amending Sec. 3704(d) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992 (Public Law 102-575 amended by deleting "reimbursable'' and inserting in lieu thereof "nonreimbursable". [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1994&isCollapsed=false&leafLevelBrowse=false&isDocumentResults=true&ycord=1025]

Recognizing And Enforcing State And Tribal Judgments: A Round Table Discussion Of Law, Policy And Practice, Christine Zuni Cruz, Mario E. Occhialino Jr., Philip Sam Deloria, Richard E. Ranson Honorable, Robert N. Clinton, Robert Laurence, Nell Jessup Newton

Faculty Scholarship

Let me begin with a word of introduction. For a long time, we at the American Indian Law Center have been interested in and concerned about the growth and strengthening of tribal governmental institutions. Tribal sovereignty is often talked about in the abstract, but people are somewhat reluctant to deal with the practical issues that are involved when sovereignty is actually exercised: the give and take that governments do all the time in their relationships with each other. We tried to take the leadership a number of years ago in looking at some of the practical issues involved in the …

American Indian Law And History: Instructional Mirrors, Gloria Valencia-Weber

Faculty Scholarship

This article is an expanison of a presentation delivered on January 8, 1993 at the Association of American Law Schools annual meeting. The author presents her interdisciplinary approach to teaching a course on Native American Rights.

State Ex Rel. Martinez V. Lewis, New Mexico Court Of Appeals

Law of the Rio Grande

No abstract provided.

Fort Mcdowell Indian Community Water Settlement (Yavapai Nation), Fort Mcdowell Indian Community, United States, State Of Arizona, Salt River Valley Water User's Association, Salt River Project Agricultural Improvement And Power District, Roosevelt Water Conservation District, Central Arizona Water Conservation District, Phoenix, Az, Scottsdale, Az, Glendale, Az, Mesa, Az, Tempe, Az, Chandler, Az, Town Of Gilbert

Native American Water Rights Settlement Project

Settlement: Fort McDowell Indian Community Water Settlement (Jan. 15, 1993) Parties: Fort McDowell Indian Community, Yavapai Nation, Arizona, US, Salt River Valley Water Users Association, Salt River Project Agricultural Improvement and Power District, Roosevelt Water Conservation District, Chandler, Glendale, Mesa, Phoenix, Scottsdale, Tempe, Gilbert, and Central AZ Water Conservation District. Overall plan is to find enough water to irrigate 4,000 acres with a duty of 4.5 a/f/y and support 18,350 acres with a duty of 1 a/f/y. of urban development. With an exception for the Verde River Spill Water, total diversion (all from above Granite Reef Dam) is limited to …

Recognizing And Enforcing State And Tribal Judgments: A Round Table Discussion Of Law, Policy And Practice, Christine Zuni Cruz, Richard E. Ranson Honorable, Philip Sam Deloria, Robert N. Clinton, Robert Laurence, Nell Jessup Newton, Mario E. Occhialino Jr.

Faculty Scholarship

This article was adapted from a roundtable convened to discuss issues regarding full faith and credit between state and tribal court systems.

Tribal sovereignty is often talked about in the abstract, but people are somewhat reluctant to deal with the practical issues that are involved when sovereignty is actually exercised. This discussion looks at some of the practical and political concerns in the governmental relationship between the judicial branches. This area touches the lives of Indian people the most directly and immediately as it impacts the ability of Indian people to do personal business, and business.

Contract Between The United States And The Jicarilla Apache Tribe, Jicarilla Apache Nation, United States

Native American Water Rights Settlement Project

Settlement Agreement: Contract between the US and the Jicarilla Apache Tribe (Dec. 8, 1992). Parties: Jicarilla Apache Nation and US. The contract will come into effect when certain decrees are entered, claims dismissed, and cases resolved. When a decree is entered in the water rights adjudication styled NM v. US of the NM San Juan River system added to the decree in NM v. Aragon, a second water rights adjudication in NM will fully describe the Nation’s reserved water rights, that is, diversion not to exceed 40K acre-feet per year from the two stream systems. This water will come from …

Ute Indian Rights Settlement Act, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation, Title V - Ute Indian Rights Settlement of the 1992 Act To authorize addition Act to authorize additional appropriations for the construction of the Buffalo Bill Dam & Reservoir, Shoshone Project, Pick-Sloan MO Basin Program, WY, PL 102-575, 106 Stat. 4601, 4650 (Oct. 30, 1992). Parties: US & Ute Tribe. The 1990 Compact is ratified. The Act and revised Ute Indian Compact of 1990 are intended to quantify the Tribe’s reserved water rights; allow increased beneficial use of the water and put the Tribe in the same economic position it would have enjoyed had the Upalco and Uintah …

San Carlos Apache Tribe Water Rights Settlement Act Of 1992, San Carlos Apache Tribe Water Rights Settlement Act, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: San Carlos Apache Tribe Water Rights Settlement Act of 1992, Title 37 of An Act to authorize additional appropriations for the construction of the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming (Oct. 30, 1992) PL 102-575, 106 Stat. 4600, 4740. Parties: San Carlos Apache Tribe, US, AZ, Salt River Project Agricultural Improve and Power District, Roosevelt Water Conservation District, Buckeye Irrigation District, Buckeye Water Conservation and Drainage District, Tempe, Chandler, Mesa, Glendale, Scottsdale, Gilbert and Central AZ Water Conservation District. Tribe is a part of the Gila Water Rights Adjudication. This Act ratifies …

1992 Amendments 1984 Ak-Chin Water Act, United States 102th Congress

Native American Water Rights Settlement Project

Federal Legislation: Ak-Chin Water Use Amendments of 1992 Sec. 10 (PL 102-497, § 10, 106 Stat. 3258, H.R. 5686 (102nd)) amending Ak-Chin Water Use Act of 1984. Gives Ak-Chin the right to lease or devote permanent water supply to any use, including agricultural, municipal, industrial, commercial, mining, recreational or any other beneficial use, in areas initially designated as Pinal, Phoenix and Tucson Active Management Areas pursuant to AZ Groundwater Management Act of 1980, pursuant to a contract that has been accepted and ratified by a resolution of Ak-Chin Indian Community Council and approved and executed by Secretary. Water rights may …

Technical Amendments To Southern Arizona Water Rights Settlement Act Of 1982, United States 102nd Congress

Native American Water Rights Settlement Project

The purpose insofar as it affects the Tohono O'odham Water Rights Settlement is to make various technical amendments in Sec 8.

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 …

Northern Cheyenne Indian Reserved Water Rights Settlement Act Of 1992, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992. PL 102-374, 106 Stat. 1186. Parties: US & Northern Cheyenne Nation. The Act ratifies a Compact with MT on June 11, 1991. The Northern Cheyenne Indian Reserved Water Rights Settlement Trust Fund will be established in the US Treasury, but the Tribe shall make a $11.5 million loan available to MT to assist with the Tongue River Dam Project costs (estimated at $52.2 million). For the Tribe itself, there are authorized $7.4 million in 1995, $9 million in 1996 and $5.1 million in 1997. $3.5 million is authorized …

Salt River Pima-Maricopa Indian Community Water Rights Settlement Act Of 1988, Amendments Of 1991, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: 1991 Amendments to Salt River Pima-Maricopa Indian Community Water Rights Settlement of 1988 (Dec. 17, 1991} Amends the Salt River Pima-Maricopa Indian Community Water Rights Settlement Act of 1988 (PL 100-512, sections7(a), 7(d), 10(a)(1)(A), 10(a)(1)(B), and 12(b)) to extend the deadline for completing such Settlement from Dec. 31, 1991, to June 30, 1992. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1025]

An Act Making Appropriations For The Department Of The Interior And Related Agencies For The Fiscal Year Ending September 30, 1992, And For Other Purposes, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: San Luis Rey Indian Water Rights Settlement Act Amendment of 1991 Authority to Disburse Interest Income from the San Luis Rey Tribal Development Fund. (Nov. 13, 1991) Parties: La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians, US, CA, Escondido Mutual Water Company and Vista Irrigation District. Amends Public Law 100-675, Sec. 117 to provide authority to disburse interest income to the San Luis Rey Indian Water Authority from the San Luis Rey Tribal Development Fund until the final Settlement is completed. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1991&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1991&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-105&ycord=1025]

Northern Cheyenne Tribe Water Rights Compact, Northern Cheyenne Tribe, Mt

Native American Water Rights Settlement Project

Settlement Agreement and State Legislation: Water Rights Compact State among Montana, Northern Cheyenne Tribe and US. MCA 85-20-301 (1991). The statute ratifies Compact between Northern Cheyenne, MT and US. This Compact resolves all water claims by the Northern Cheyenne within MT so long as the Tongue River Reservoir is repaired and expanded. Pre-existing stock water, domestic and municipal water uses are recognized. Tribe has right to 32,500 a/f/y of direct flow and storage from the Tongue River Basin (and first rights to excess) with a priority date of Oct. 1, 1881 provided that actual depletion does not exceed 9,375 a/f/y. …

Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley

Faculty Scholarship

This article examines the ongoing struggle of Indians to gain the right to vote and, thus, have a meaningful opportunity to fully participate in the political process. It will discuss historical and modern disenfranchisement and the continued progress toward the goal of political equality envisioned by the fifteenth amendment.

Fort Mcdowell Indian Community Water Rights Settlement Of 1990 Act, 104th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort McDowell Indian Community Water Rights Settlement of 1990 Act, Title IV of the Arizona Desert Wilderness Act of 1990 (Jan. 15, 1990) (PL 101-628, 104 Stat. 4469, 4480) Parties: Fort McDowell Indian Community, AZ, US, Salt River Valley Water Users Association, Salt River Project Agricultural Improvement and Power District, Roosevelt Water Conservation District, Chandler, Glendale, Mesa, Phoenix, Scottsdale, Tempe, Gilbert, & Central Arizona Water Conservation District. Act resolves Tribe's water rights in General Adjudication of the Gila River System and Source. Neighboring non-Indian communities will transfer rights to 12,000 a/f of surface water and provide means for …

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 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; …

Fallon Paiute Shoshone Indiantribes Water Rights Settlement Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation & Settlement: The Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (PL 101-618, 104 Stat. 3289). There is no separate Settlement Agreement. Title I -- Fallon Paiute Shoshone Tribal Settlement Act creates the Fallon Paiute Shoshone Tribal Settlement Fund and authorizes appropriations of $3 M for 1992 and $8 M for each of 1993, 1994, 1995, 1996 and 1997 for a total of $43M. The income of the fund is authorized for Tribal economic development, rehabilitation of the irrigation system, acquisition of water rights and other listed purposes. The Tribes will develop a management plan …