Indigenous, Indian, and Aboriginal Law Commons^™

U.S. Restores Millions Of Acres To Native Americans, Kevin Washburn

Faculty Scholarship

The Obama Administration has restored nearly 2 million acres to tribal ownership in a variety of different ways.

Partial Final Judgment And Decree On The Water Rights Of Taos Pueblo, Usdc, Dcnm

Native American Water Rights Settlement Project

Court Decree: Partial Final Judgment and Decree on the Water Rights of Taos Pueblo: Parties: Taos Pueblo, New Mexico, USA, Town of Taos, Taos Valley Acequia Association, El Prado Water and Sanitation District, 12 Mutual Domestic Water Consumer Associations. Recitals; Approval of Settlement Agreement; Contract Rights to Water from San Juan - Chama Project; Historic and Existing Use Water Rights; Historically Irrigated Acreage; Municipal, Domestic, and Industrial Use; Livestock Use; Groundwater Rights; Disclaimers; Records of Water Use; Change of Use; Rights Held in Trust; Conclusions; Entry and Modification of Decree. 38 Exhibits: 5973-1 Taos Pueblo Settlement Agreement; 5973-2, Att. 1 …

Uncounseled Convictions A Threat To Indians, John P. Lavelle

Faculty Scholarship

The Supreme Court is now poised to address whether a tribal court conviction that did not give the Indian defendant representation by a lawyer can be used to increase the sentence when the Indian is later prosecuted on a federal domestic assault charge.

Cedar Mesa Proposal Good For All, Kevin Washburn

Faculty Scholarship

A coalition of tribes, led by the Hopi and the Navajo, and including the Utes of Colorado and Utah and several of New Mexico’s pueblos have asked President Obama to use the Antiquities Act to declare this landscape a national monument to be protected alongside other nearby national treasures, such as Arches, Canyonlands, Bryce Canyon and Zion National Parks.

Border Town Bullies: The Bad Auto Deal And Subprime Lending Problem Among Navajo Nation Car Buyers, Megan Horning

Student Published Scholarship

This article argues that due to the circumstances of Navajo Nation residents, Navajo car buyers have a greater need for cars and are therefore disproportionately harmed by unfair border town auto deals and subprime auto loans. Additionally, this article suggests several ways to address these issues while acknowledging the conundrum created if Navajo Nation residents are prevented from buying cars.

Part I of this article describes the current U.S. auto sales and lending process, including the stages of car buying, credit score calculation, and how national auto sales, lending, and investment markets profit from unfair car sales and subprime lending. …

Biagaweit: Securing Water From The Mighty River In The Snake River Basin Adjudication, Jeanette Wolfley

Faculty Scholarship

This symposium article describes the Shoshone and Bannock peoples journey to quantify their water rights in the SRBA. It begins with the Shoshone-Bannock Tribal cultural perspective on water and water rights. It then discusses the concept of tribal homelands and the water required and necessary for sustaining a tribally reserved home as guaranteed in the Fort Bridger Treaty of 1868, including a discussion of the Winters doctrine which affirms the treaty's promises. It concludes with a review of the Fort Hall Indian Water Rights Agreement. 'Biagaweit' is the Shoshone word for the Snake River. The mighty Snake River begins its …

Recurring Issues In Indian Gaming Compact Approval, Kevin Washburn

Faculty Scholarship

Achieving agreement between a state and a tribe, and then achieving ratification of that agreement through state and tribal legislative processes, are challenging endeavors. Failing to account for the need for federal approval can undermine the entire negotiation process. The purpose of this article is to highlight several recurring problem areas that can place compact approval at risk. These include the requirement in IGRA that a compact avoid issues that are not germane to gaming,that the compact avoid regulating Class II gaming,which is beyond state authority, and the requirementthat the state avoid expanding its reach over ancillary services and spaces …

Black Water: The Devastating Effects Of Alcohol On The Core Values Of The A:Shiwi (Zuni), Christy Chapman

Tribal Law Journal

As in many Native American communities, alcohol use and abuse is an all too common problem among the Ashwi, members of Zuni Pueblo. Soon after the arrival of Anglo-American settlers, alcohol was introduced to the Zuni. Seeing its devastating effects, Zuni elders referred to this intoxicating substance as ‘black water.’ Since the introduction of black water, alcohol abuse among the Zuni has resulted in community members committing frequent criminal offenses, numerous health problems, and is the number-one cause of premature death among the Zuni.

Over the last century and a half, the devastating effects of black water have eroded the …

Postcolonial Management Of The Transboundary Guaraní Aquifer System: Indigenous Input As A Guide For Environmental Sustainability, Melissa Leonard

Tribal Law Journal

This article discusses the Guaraní Aquifer System, which is a vast groundwater source that spans across Argentina, Uruguay, Paraguay, and Brazil. The Guaraní Aquifer System is located beneath the ancestral homelands of the Guaraní indigenous peoples, yet it is exclusively managed by nation states. The Guaraní indigenous peoples have been deprived of their ancestral land and have no say in the utilization or management of the Aquifer. This article discusses social and legal theory relating to water management and governance, as well as Guaraní social organization, belief systems, and customary environmental law in the context of “postcolonial” water management. This …

Federal Restrictions On Tribal Customary Law: The Importance Of Tribal Customary Law In Tribal Courts, Concetta R. Tsosie De Haro, Dine Nation

Tribal Law Journal

This article examines the adverse effects of federal case law and legislation on tribal courts and tribal courts’ ability to incorporate tribal customary law. Tribal customary law is the law given to tribes by holy deities which governs tribal ways of life. It is important to maintain tribal customary law because it strengthens tribal communities’ identities and cultural foundations. While Supreme Court precedent has, at different times, both restricted and promoted tribes’ ability to use tribal customary law to adjudicate the cases of tribal members, federal legislation including the Major Crimes Act, the Indian Civil Rights Act, the Tribal Law …

Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Jensen V. Exc, Inc., John P. Lavelle, Geoffrey R. Romero, Michael J. Barthelemy

Faculty Scholarship

The petitioners argue:

1) Supervisory Review is Needed Because the District Court and the Ninth Circuit Automatically Aligned U.S. Highway 160 with Alienated, Non-Indian Fee Land, Ignoring this Court’s Context-Specific, Multifactor Methodology for Determining the Status of Reservation Roadways for Tribal Jurisdictional Purposes.

2) Supervisory Review is Also Necessary Because Both Lower Courts Refused to Apply Supreme Court Precedents Governing Whether an Indian Tribe Retains Treaty-Based Authority over the Conduct of Nonmembers on a Tribe’s Reservation, Effecting an Impermissible Judicial Abrogation of the Navajo Nation’s Congressionally Confirmed, Treaty-Based Jurisdiction in This Case.

3) Supervisory Review is Further Needed Because Both …

You Gotta Fight For The Right To Vote: Enfranchising Native American Voters, Jeanette Wolfley

Faculty Scholarship

Five decades ago, the Congress passed the Voting Rights Act of 1965. Since its passage, the Voting Right Act has created the opportunity to vote for many racial and language minorities across the country, and has survived many challenges until 2013. The U.S. Supreme Court issued two decisions involving voting rights in its 2012-2013 term. On June 25, 2013, in Shelby County v. Holder, a divided Supreme Court struck down Section 4 - a key provision of the 1965 Voting Right Act (VRA) - as unconstitutional. On June 17, 2013, one week before the Shelby County decision, the Court decided …

Indian Country Today Interviews Kevin Washburn About Federal Recognition Rules And Protecting Sacred Sites, Kevin Washburn

Faculty Scholarship

Indian Country Today Media Network caught up with Kevin K. Washburn to discuss his legacy as ASIA, among other hot topics in Indian country like: reformed federal recognition rules, Cobell, Oak Flat, Land in Trust and more.

Brief For The Navajo Nation As Amicus Curiae, Paul Spruhan

Faculty Scholarship

A settlement agreement is a binding promise expressed through sacred words to resolve disputes in the Diné way. ff an agreement is reached, it cannot be repudiated, and when the parties have made that agreement, they may not refuse to sign a settlement contract reflecting their prior resolution. In light of these principles, and under the deferential standard of review this Court affords decisions of the Labor Commission, see Tsosie v. Central Consolidated School Dist., No. SCCV- 34-06, slip op. at 4 (Nav. Sup. Ct. August 12, 2009) (Commission decision reviewed for abuse of discretion and factual findings subject …

Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore

Publications

Reservoir systems in the western US are managed to serve two main competing purposes: to reduce flooding during the winter and spring, and to provide water supply for multiple uses during the summer. Because the storage capacity of a reservoir cannot be used for both flood damage reduction and water storage at the same time, these two uses are traded off as the reservoir fills during the transition from the wet to the dry season. Climate change, population growth, and development in the western US may exacerbate dry season water scarcity and increase winter flood risk, creating a need to …

Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

As Long As The Water Shall Flow: Bringing Water To Tribal Homelands, Jeanette Wolfley

Faculty Scholarship

Only the first page is uploaded. Please contact the UNM Law Library on accessing the full text.

A Wind Watcher's Tale: Skinned Alive, C.F. Black

Tribal Law Journal

This is an excerpt from the forthcoming book, A Mosaic of Indigenous Legal Thought: Legendary Tales and Other Writings, by Dr. C.F. Black. Her book is a return to traditional ways of conveying legal and ethical thought, by writing a series of anthropomorphized animal tales, evocative poetry and rhetorical writings.

This excerpt is one of the narrative tales. The introduction included in the excerpt will help guide the reader's understanding of the context and significance this piece.

Acknowledgment Of Supporters, Utton Center, University Of New Mexico - School Of Law

Water Matters!

List of supporters.

American Indian Children And U.S. Policy, Angelique Eaglewoman (Wambdi A. Wastewin), Sisseton-Wahpeton Dakota Oyate Of The Lake Traverse Reservation, G. William Rice, United Keetoowah Band Of Cherokee Indians In Oklahoma

Tribal Law Journal

This article presents the major impact of implemented U.S. Indian policies on the lives of American Indian children. First, the article discusses U.S. policies aimed to re-socializing American Indians through imposition of external language, culture, and beliefs through a system of government-mandated education. In the late 1700s through the 1800s, the U.S. government set a course for military control over American Indian peoples. Re-socialization as an assimilation policy forced profound lifestyle and culture changes. These policies were aimed directly at American Indian children through mandatory Indian residential boarding schools. After decades of resistance, many tribal communities achieved educational reform. Assimilation …

Editorial Tribute To Professor G. William Rice, Christine J. Jordan, Connie Tsosie De Haro

Tribal Law Journal

It is with great admiration, affection and respect that the Tribal Law Journal dedicates this issue to the memory of Professor G. William Rice. Professor Rice’s work had a wide and long-lasting impact on the Indian Law community. As legal professionals who strive to make a positive difference in the lives of Indigenous people, we can only hope to live in a way that would make Professor Rice proud. He will be dearly missed.

The Tribal Law Journal is honored to publish his last article, American Indian Children and U.S Policy in this issue.

White Mountain Apache Water Rights Quantification Settlement Judgment And Decree, Superior Court Of Apache County, Az.

Native American Water Rights Settlement Project

Post- Settlement Court Decree, White Mountain Apache Water Rights Quantification Settlement Judgment and Decree, Parties: WMAT, White Mountain Apache Tribe, AZ, Arizona, USA, United States of America,, Arizona Water Company, Buckeye Irrigation Company, Buckeye Water Conservation and Drainage District, CAWDC, Central Arizona Water Conservation District, City of Avalon, City of Chandler, City of Glendale, City of Mesa, City of Peoria, City of Phoenix, City of Show Low, City of Scottsdale, City of Tempe, Town of Gilbert, RWCD, Roosevelt Water Conservation District, SRP, Salt River Project Agricultural Improvement and Power District, Salt River Valley Water Users' Association,

Quantification of WMAT rights …

Bill Williams River Water Rights Settlement Act Of 2014, United States 113th Congress

Native American Water Rights Settlement Project

To direct the Secretary of the Interior to enter into the Big Sandy River-Planet Ranch Water Rights Settlement Agreement and the Hualapai Tribe Bill Williams River Water Rights Settlement Agreement, to provide for the lease of certain land located within Planet Ranch on the Bill Williams River in the State of Arizona to benefit the Lower Colorado River Multi-Species Conservation Program, and to provide for the settlement of specific water rights claims in the Bill Williams River watershed in the State of Arizona.

Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act, United States 113th Congress

Native American Water Rights Settlement Project

The overall purpose of this Act is to ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, and for other purposes.

Great Nations Can Work On Mistakes, Kevin Washburn

Faculty Scholarship

No abstract provided.

Final Unified Decree For The Snake River Basin Adjudication, Fifth Judicial District Court, Twin Falls County, Idaho

Native American Water Rights Settlement Project

Court Decree: Unified Final Decree relating to all water rights in Snake River Basin. Contents: I. Procedure, p.1; II. Findings of Fact, p.4; III. Conclusions of Law, p.6; IV. Order p. 9; Attachments available on website:

Attachment 1: Snake River Basin Water System Map

Attachment 2 -- Issued Partial Decrees by subcase or basin number

Attachment 3 -- General Provisions by Basin

Attachment 4 -- Water Right Agreements Between the State of Idaho and the United States of America:

Shoshone-Bannock Tribes

- Revised Partial Final Consent Decree Determining the Rights of the Shoshone-Bannock Tribes

- Water Right Partial Decrees

- …

Final Unified Decree For The Snake River Basin Adjudication, Fifth Judicial District Court, Twin Falls County, Idaho

Native American Water Rights Settlement Project

Court Decree: Unified Final Decree relating to all water rights in Snake River Basin. Contents: I. Procedure, p.1; II. Findings of Fact, p.4; III. Conclusions of Law, p.6; IV. Order p. 9; Attachments available on website:

Attachment 1: Snake River Basin Water System Map

Attachment 2 -- Issued Partial Decrees by subcase or basin number

Attachment 3 -- General Provisions by Basin

Attachment 4 -- Water Right Agreements Between the State of Idaho and the United States of America:

Shoshone-Bannock Tribes

- Revised Partial Final Consent Decree Determining the Rights of the Shoshone-Bannock Tribes

- Water Right Partial Decrees

- …

Final Unified Decree For The Snake River Basin Adjudication, District Court Of The Fifth Judicial District Of The State Of Idaho, In And For The County Of Twin Falls

Native American Water Rights Settlement Project

Court Decree: Unified Final Decree relating to all water rights in Snake River Basin. Contents: I. Procedure, p.1; II. Findings of Fact, p.4; III. Conclusions of Law, p.6; IV. Order p. 9; Attachments available on website:

Attachment 1: Snake River Basin Water System Map

Attachment 2 -- Issued Partial Decrees by subcase or basin number

Attachment 3 -- General Provisions by Basin

Attachment 4 -- Water Right Agreements Between the State of Idaho and the United States of America:

Shoshone-Bannock Tribes

- Revised Partial Final Consent Decree Determining the Rights of the Shoshone-Bannock Tribes

- Water Right Partial Decrees

- …

Indian Gaming – The Next 25 Years, Kevin Washburn

Faculty Scholarship

Testimony of Kevin K. Washburn Assistant Secretary for Indian Affairs United States Department of the Interior Before the Senate Committee on Indian Affairs Oversight Hearing

Managing Complex Water Resource Systems For Ecological Integrity: Evaluating Tradeoffs And Uncertainty, Richard Morrison

Publications

Water resource systems often contain numerous components that are intertwined or even contradictory, such as power production, water delivery, recreation, and environmental needs. This complexity makes it difficult to holistically assess management alternatives. In addition, hydro climatic and ecological uncertainties complicate efforts to evaluate the impacts of management scenarios. We need new tools that are able to inform managers and researchers of the tradeoffs or consequences associated with flow alternatives, while also explicitly incorporating sources of uncertainty. My research addresses this limitation using two modeling approaches: stochastic system dynamics modeling and Bayesian network modeling. I developed a stochastic system dynamics …