Indigenous, Indian, and Aboriginal Law Commons^™

Shoshone-Bannock Tribal Water Resource Code (2007), Shoshone-Bannock Tribes

Native American Water Rights Settlement Project

Tribal Water Code: 2007 Shoshone-Bannock Tribal Water Resource Code (WATR-07-S1 (2007). This Code establishes the Tribal Water Resources Commission and the Tribal Water Resources Dept; provides water allocation guidelines; structures a license and permitting system; determines effects of non-use and attempted adverse possession; provides penalties and enforcement; and sets up hearings and appeals. [Source: http://www.shoshonebannocktribes.com/elements/documents/water/2007-Sec-Int-Water-Code.pdf]

Fort Mcdowell Indian Community Water Rights Settlement Revision Act Of 2006, United States 109th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort McDowell Indian Community Water Rights Settlement Revision Act of 2006 (PL 109-373, 120 Stat. 2650) This Act cancels the repayment obligation of the tribe under PL 101-628 and relieves the DOI secretary of its obligation to obtain mitigation property or develop additional farm acreage under the Act. [Source: http://www.gpo.gov/fdsys/pkg/STATUTE-120/pdf/STATUTE-120-Pg2650.pdf]

Soboba Band Of Luiseño Indians Settlement Agreement, Soboba Band Of Luiseño Indians Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Soboba Band of Luiseño Indians Settlement Agreement of June 7, 2006, (final signatures Oct. 18, 2008) Parties: Soboba Band of Luiseño Indians, US, Eastern Municipal Water District, Lake Hemet Municipal Water District and Metropolitan Water District of Southern California. The Tribe is entitled to 9K acre-feet annually (afy) as a prior and paramount right. The districts agree to supply the Tribe water to the extent that it is not able to produce that amount. However, the Tribe agrees to limit its exercise of the right to 4,100 afy for 50 years. The Tribe may use water made available …

Fallon Paiute Shoshone Tribes Settlement Act Of 2006, United States 109th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fallon Paiute Shoshone Tribes Settlement Act of 2006 in Native American Technical Corrections Act of 2006 (PL 109-221, Sec. 104, 120 Stat. 336) This Act amends Sec. 102 of the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990. The amendment concerns restructuring of management of Fallon Paiute Shoshone Tribes Settlement Fund. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-109publ221/pdf/PLAW-109publ221.pdf]

2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Amended and Restated Gila River Indian Community Water Rights Settlement Agreement (Oct. 21, 2005). Parties: Gila River Indian Community; US; AZ; Salt River Project Agricultural Improvement and Power District; Salt River Valley Water Users' Association; Roosevelt Irrigation District; Roosevelt Water Conservation District; Arizona Water Company; the Arizona cities of Casa Grande, Chandler, Coolidge, Glendale, Goodyear, Mesa, Peoria, Phoenix, Safford, Scottsdale, and Tempe; the Arizona towns of Florence, Mammoth, Kearny, Duncan and Gilbert; Maricopa-Stanfield Irrigation & Drainage District; Central Arizona Irrigation & Drainage District; Franklin Irrigation District; Gila Valley Irrigation District, San Carlos Irrigation & Drainage District; Hohokam Irrigation …

Az Water Rights Settlement Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: San Carlos Apache Tribe Water Rights Settlement (negotiations assistance) Act of 2004, Title IV of AZ Water Settlement of 2004, PL 108-451, 118 Stat. 3478, 3573 (Dec. 10, 2004) Parties: San Carlos Apache Tribe & US. Certain provisions in Titles I-III relate to water for the Tribe if settlement is reached and other matters. This Act provides funding for the San Carlos Apache Tribe Water Rights Settlement negotiations. For three years, the DOI Secretary shall submit an annual report to Congress describing the status of efforts to negotiate an agreement covering the Gila River water rights with Tribe. …

Nez Perce Tribe - Snake River Water Rights Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: TITLE X--Snake River Water Rights Act of 2004, Consolidated Appropriations Act of 2005 PL 108-447, 118 Stat. 2809 (Dec. 8, 2004). Parties: Nez Perce Tribe, US, ID. The Agreement or "Mediator's Term Sheet" was entered in on April 20, 2004 and resolves the Nez Perce Tribe's water rights claimed in the Snake River Basin adjudication in Idaho.

Water Conservation Plan, Rocky Boy / North Central Montana Regional Water System (2004), Hkm Engineering

Native American Water Rights Settlement Project

Tribal Water Code: Water Conservation Plan, Rocky Boy / North Central Montana Regional Water System (Sep. 2004). Parties: Chippewa-Cree Tribe and NCM-RWS. The Rocky Boy/North Central Montana Regional Water System Act of 2002 (Pub. L. 107-331) authorized construction of the Rocky Boy/North Central Montana Regional Water System in north-central Montana. To meet the requirements of the Act, the Chippewa Cree Tribe and the North Central Montana Regional Water Authority developed and submitted a water conservation plan to Reclamation. The purpose of this water conservation plan is to ensure that users of water from the core system, non-core system and the …

Amendment No. 1 To The Zuni Indian Tribe Water Rights Settlement Agreement In The Little Colorado River Basin, Zuni Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Zuni Indian Tribe Water Rights Settlement in the Little CO River Basin Amendments 1 (July 8. 2004) Parties: Zuni Indian Tribe, US, AZ, AZ Game & Fish Commission, AZ State Land Department, AZ State Parks Board, St. Johns Irrigation & Ditch Co., Lyman Water Co., Round Valley Water Users’ Ass’n, Salt River Project Agricultural Improvement & Power District, Tucson Electric Power Co., City of St. Johns, Town of Eagar, and Town of Springerville. These Amendments are taken to conform the Settlement Agreement of 2002 to the Settlement Act of 2004. The amendments relate to changes to dates and …

Zuni Indian Tribe Water Rights Settlement Act Of 2003, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: Zuni Indian Tribe Water Rights Settlement Act of 2003, PL 108-34, 117 Stat. 782 (June 23, 2003). Parties: Zuni Tribe, US, AZ. The Act ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights in the Little CO River basin, AZ. It authorizes appropriations for acquisition of water rights and associated lands and, for fiscal years 2004 through 2006; and for actions necessary to restore, rehabilitate, and maintain the Zuni Heaven Reservation, including the Sacred Lake, wetlands, and riparian areas. The US shall take legal title of specified lands in the Gila and Salt River Base and Meridian …

The Impossibility Of Citizenship, Peter J. Spiro

Michigan Law Review

These are interesting times at the constitutional margins. Questions about where the Constitution takes up and leaves off are more frequently in play; one can no longer so readily assume the Constitution to supply an authoritative metric as we confront prominent cases of nonapplication. At the same time, the increasing robustness of international norms has prompted a vigorous reconsideration of their relationship to domestic ones. Where the twentieth century was marked by deep segmentation among national legal regimes, with minimal transboundary interpenetration, recent years have seen the advent of complex, overlapping regimes: subnational, national, regional, and global, public, and private. …

Tohono O'Odham Settlement, Tonhono O'Odham Nation Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Tohono O'odham Settlement (Apr. 30, 2003). Parties: Tohono O'odham Nation, AZ, US, Tucson, Asarco Inc., Farmers Investment Co., two allottee classes. The Settlement Agreement has been revised to eliminate any conflicts with PL 108-451. The parties are a part of the Gila River adjudication. The Nation has a water right of 79,200 acre-feet per year, sourced in ground and surface water. This water may be put to any use. The Nation may use the water off-reservation according to the attached contracts or pursuant to state law, but the uses must remain within the state. Provisions are made for …

Zuni Indian Tribe Water Rights Settlement In The Little Co River Basin, Zuni Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Zuni Indian Tribe Water Rights Settlement in the Little CO River Basin (June 7. 2002) Parties: Zuni Indian Tribe, US, AZ, AZ Game & Fish Commission, AZ State Land Department, AZ State Parks Board, St. Johns Irrigation & Ditch Co., Lyman Water Co., Round Valley Water Users’ Ass’n, Salt River Project Agricultural Improvement & Power District, Tucson Electric Power Co., City of St. Johns, Town of Eagar, and Town of Springerville.

The Agreement resolves the Zuni Indian Tribe water rights in the Little CO River basin, AZ. The Zuni Tribe intends to reestablish and maintain the wetland environment …

Fort Belknap-Mt Compact Of 2001, Montana

Native American Water Rights Settlement Project

Settlement & State Legislation: No separate settlement agreement. Fort Belknap-Montana compact ratified. (MCA 85-20-1001) (April 16, 2001) Parties: Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation, MT and US. The Tribes have right to 645 c/f/s from the Milk River and its tributaries upstream from Reservation diversion point with a priority date of October 17, 1855. Off-stream storage is limited to 60,000 a/f and up to 125 c/f/s is for irrigation and other historical purposes. Tribes have right to develop surface water in the Milk River Basin for livestock impoundments provided they don't use more than 30 a/f/y. …

Shivwits Band Of The Paiute Indian Tribe Of Utah Water Rights Settlement Agreement, Shivwits Band Of The Paiute Indian Tribe Of Ut Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Shivwits Band of The Paiute Indian Tribe of Utah Water Rights Settlement Agreement (Jan. 18, 2001) Parties: Shivwits Band of the Paiute Indian Tribe of UT, UT, US, New Santa Clara Field Canal Co., Ivins Irrigation Co., Gunlock Irrigation Co., Lower Gunlock Reservoir Corp., New Santa Clara Field Canal Co., Washington County Water Conservancy District, City of St. George, St. George Field Canal Co., Bloomington Canal Co., Southgate Irrigation Co,. Edward Bowler. (Shivwitz Band Only, not the other 4 Bands of Utah Paiutes) The Band will have use of a total of 4000 acre-feet per year including 100 …

2000 Amendments To Colorado Utes Settlement Act Of 1988, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Colorado Ute Indian Water Rights Settlement Act Amendments of 2000 in Consolidated Appropriations Act of Dec. 21, 2001 (PL 106-554, Appendix D, Title III, 114 Stat. 2763A-258 ). The timetable set forth in the Settlement Agreement has not been met. The irrigation water provisions cannot be met due to Endangered Species Act, biological opinions and Federal Water Pollution Control Act requirements which reduce the amount that can be drawn from the Animas and La Plata Rivers. The facilities and amount of water must be significantly reduced. To compensate the Tribes, capital costs are waived and funds for natural …

Shivwits Band Of The Paiute Indian Tribe Of Utah Water Rights Settlement Act Of 2000, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Shivwits Band of the Paiute Indian Tribe of Utah Water Rights Settlement, PL 106-263, 114 Stat. 737 ( Aug. 18, 2000) Parties: US, City of St. George, & Shivwits Band of the Paiute Indian Tribe of Utah. (Not other Bands of Ut Paiute Tribe) The Act provides for St. George (Utah) Water Reuse to divert and transport water for use by City of St. George and the Shivwits Band (2K acre-feet annually). St. George and the Band ($15M) will pay for the project. The Santa Clara Project will deliver 1,900 acre-feet annually to the Band. This project will …

Crow Tribe, Montana & Us Compact Of 1999, Montana

Native American Water Rights Settlement Project

Settlement & State Legislation: Water Rights Compact Entered into by the State of Montana, the Crow Tribe and the USA (Jun. 22, 1999). (Mont. Code Ann. Sec. 85-20-901) There is no separate Settlement Agreememt. The State Legislation ratifies settlement of Crow water rights. Includes 500,000 a/f/y from Bighorn River, priority of May 7, 1868; 300,000 a/f/y from Bighorn Lake storage but limited to half that amount during low periods. A stream and lake-level management plan to be developed for the Bighorn River. Tribe has surface, GW and storage rights within the Little Bighorn River, Pryor Creek, and Rosebud Creek (to …

San Carlos Apache Tribe Water Rights Settlement Agreement Of 1999, San Carlos Apache Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: San Carlos Apache Tribe Water Rights Settlement Agreement (Mar. 30, 1999) Parties: San Carlos Apache Tribe, US, AZ, Salt River Project Agricultural Improvement & Power District, Salt River Valley Water Users Assn., 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. This Settlement Agreement resolves the water rights as between these parties in the Gila Water Rights Adjudication of AZ. Other claims remain to be resolved. Neighboring non-Indian communities will relinquish to approximately 58,735 a/f of surface water to the Tribe, provide …

San Luis Rey Indian Water Rights Settlement Act Of 1988, Amendment Of Oct. 14, 1998, United States 105th Congress

Native American Water Rights Settlement Project

Federal Legislation: San Luis Rey Indian Water Rights Settlement Act Amendment, PL 105-256, 112 Stat. 1896, 1899 (Oct. 14, 1998). Parties: La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians, US. San Luis Rey Indian Water Rights Settlement Act, Sec. 105(c) is amended to authorize disbursement of a total of $8M, of which $1.6M will go to each of the Bands, from the interest income which has accrued to the Fund. The disbursed funds shall be invested or used for economic development of the Bands. [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=1248]

Nuclear Waste And Native America: The Mrs Siting Exercise, M. V. Rajeev Gowda, Doug Easterling

RISK: Health, Safety & Environment (1990-2002)

Drs. Gowda & Easterling provide cross-cultural perspectives on issues of risk perception, equity and policy as they affect nuclear waste storage on Native American sites.

Confederated Tribes Of The Warm Springs Reservation Water Rights Settlement Agreement, Confederated Tribes Of The Warm Springs Reservation Et Al

Native American Water Rights Settlement Project

Reservation, and long-term cooperative management of the waters. The Tribes shall not convert any existing non-consumptive use to a consumptive use. The Agreement designates the amounts of instream flows and diverted water for the Tribes. The Tribes have the first priority for their Tribal Reserved Water Right; however, existing State law water rights will not be curtailed in favor of the Tribal Reserved water right. The water right may be obtained from surface or groundwater. A part of the Tribal Reserved Water Right may be used off reservation, subject to federal, state and Tribal Law. While used on Reservation the …

San Carlos Apache Tribe Amendments To Act Of 1992, 1997 Amendment To The San Carlos Apache Tribe Water Rights Settlement, 105th Congress

Native American Water Rights Settlement Project

Federal Legislation: Department of the Interior, General Provisions - San Carlos Apache Tribe Amendments to Act of 1992, Chapter 5 of Emergency Supplemental Appropriations For Recovery From Natural Disasters, And For Overseas Peacekeeping Efforts, Including Those In Bosnia, PL 105-18, 111 Stat. 158, 181-187 (Jun. 12, 1997). Parties: US & San Carlos Apache Tribe. 1992 Settlement Act amended 3711 to move deadline to Mar. 31, 1999 & effect on deadline of submission of a proposed Settlement Agreement to Gila Adjudication court; and addition of certain parties & definitions to the 1992 Settlement Agreement. The provisions address the transfer of the …

Yavapai-Prescott Indian Tribe Water Rights Settlement Of 1994, Amendment Of 1996, United States 110th Congress

Native American Water Rights Settlement Project

Federal Legislation: An Act to require the Secretary of Commerce to Convey to the Commonwealth of MAs the National Marine Fisheries Service Laboratory Located on Emerson Avenue in Gloucester, MA, PL 104-91, § 201, 110 STAT. 7, 14 (Jan. 6, 1996). Parties: Yavapai-Prescott Tribe, AZ, Prescott, Chino Valley Irrigation District and US. Title II amends the Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1994 by extending the effective date to June 30, 1996 and reviving a contract. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-104publ91/pdf/PLAW-104publ91.pdf]

Yavapai-Prescott Indian Tribe Water Rights Settlement Of June 29, 1995, Yavapai-Prescott Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Yavapai-Prescott Indian Tribe Water Rights Settlement of June 29, 1995. Parties: Yavapai-Prescott Indian Tribe, AZ, US, City of Prescott & Chino Valley Irrigation District (CVID). The Tribe Prescott under a Water Services Agreement. The Tribe has the right to develop groundwater resources in accordance with a groundwater management plan developed by the Tribe for on-Reservation use. Reservation effluent may be used on Reservation or sold to off-reservation users. The Tribe’s use of settlement water on-reservation is unrestricted. Shortage management is addressed. The Tribe may develop a tribal water code. The Tribe may sell its CAP contract entitlement which …

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]

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 …

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 …