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Taos Pueblo Indian Water Rights Settlement Agreement, Taos Pueblo, New Mexico, United States, Taos Valley Acequia Assn & Its 54 Member Acequias, Town Of Taos, El Prado Water & Sanitation District, 12 Taos Area Mutual Domestic Water Consumers’ Assns.

Native American Water Rights Settlement Project

Taos Pueblo Indian Water Rights Settlement. Abeyta Water Rights Adjudication Settlement Agreement among the US, Taos Pueblo, NM, Taos Valley Acequia Assn & it s 55 Member Acequias, Town of Taos, El Prado Water & Sanitation District & 12 Taos Area Mutual Domestic Water Consumers’ Assns. (Dec. 12, 2012) (final signatures Dec. 21, 2012) The Settlement Agreement goals are to resolve the water right claims of the Taos Pueblo; protect the non-Pueblos irrigation uses; restore and protect Buffalo Pasture; and foster cooperation among Taos Valley residents regarding the allocation and use of water resources. The agreement addresses ground and surface …

Aamodt Cost-Sharing & System Integration Agreement (2013), United States, State Of New Mexico

Native American Water Rights Settlement Project

Cost Share & Integration Agreement (Mar. 14, 2013); NM v. Aamodt, 66cv6639 USDC, DCNM. Parties: Pueblos of Nambé, Pojoaque, San Ildefonso & Tesuque, US, NM, Santa Fe County, City of Santa Fe. Conformed to Aamodt Litigation Settlement Act, Pub. L. No. 111-291, tit. VI, 124 Stat. 3064, 3134-56 (2010). Parties agree to fund and the United States agrees to plan, design and construct the Regional Water System (RWS). The Bureau of Reclamation will build the system. The Secretary of Interior shall conduct government-to-government consultation with the Pueblos regarding well locations and maintaining appropriate confidentiality to protect traditional Pueblo practices. US …

Aamodt Litigation Settlement Agreement (Pueblos Of Nambé, Pojoaque, San Ildefonso & Tesuque), United States, State Of New Mexico, Pueblo Of Tesuque, Pueblo Of San Ildefonso, Pueblo Of Nambé, Pueblo Of Pojoaque

Native American Water Rights Settlement Project

Settlement Agreement: Aamodt Litigation Settlement Agreement (Apr. 19, 2012). 66cv06639, USDC, DCNM. (final signatures Mar. 27,2013) Parties: Pueblos of Nambé, Pojoaque, San Ildefonso & Tesuque, US, NM, Santa Fe County, City of Santa Fe. The key provisions of the Aamodt settlement include: 1) constructing a Regional Water System; 2) providing non-Indians a choice of whether to join the settlement and upon joining, a choice of whether to connect to the Regional Water System for domestic water; 3) relinquishment of existing Pueblo claims against non-Indians who join the Settlement; 4) closing the Pojoaque Basin to new water right development following the …

Statutes Of Ill Repose And Threshold Canons Of Construction: A Unified Approach To Ambiguity After San Carlos Apache Tribe V. United States, Daniel Lee

Seattle University Law Review

Historically, the San Carlos Apache Tribe depended on the Gila River to irrigate crops and sustain a population of around 14,000 tribe members. The river is also sacred to the Tribe and central to the Tribe’s culture and spirituality. Initially, the federal government had recognized the Tribe’s dependence on the Gila River by reserving, under the Winters doctrine, water rights necessary to support the San Carlos Apache Reservation. Acting as the Tribe’s trustee, the United States entered into the Globe Equity Decree (the Decree), which prevented the San Carlos Apache Tribe from claiming water rights under the Winters doctrine and …

House Republicans Add Insult To Native Women’S Injury, Ryan Devreskracht

University of Miami Race & Social Justice Law Review

No abstract provided.

Adopted Couple V. Baby Girl: Erasing The Last Vestigates Of Human Property, James G. Dwyer

Faculty Publications

No abstract provided.

Environmental Protection Agency Consultations With Indian Tribes: An Intercultural Struggle Over Process Of 'Consent', Denise Scannell Guida

Publications and Research

On November 6, 2000, President Bill Clinton signed his final executive order on

Consultation and Coordination with Tribal Governments. It was his last attempt to establish meaningful consultation processes with American Indians in the development of federal environmental policies. Based on ongoing environmental issues between the two cultures and the rising concern for environmental justice, the United States government wanted to identify the necessary improvements in communication and coordination among tribal and federal environmental programs, specifically regarding issues of information exchange, and creating partnerships among stakeholders. An analysis of the executive order, and a case study of the U.S. …

Best V. Tribe, 2013-Ap-10 (Blkft Tr. Ct. App., June 5, 2013), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court ordered a Writ of Habeas Corpus, for a defendant arrested and held under tribal public intoxication ordinances, because:

1. Bond for public intoxication is “Own Recognizance” therefore the defendant is released on OR;

1. The Blackfeet tribal Business council has the legal authority to promulgate Public Intoxication Ordinance 107;

1. The Blackfeet tribal Complaint and Summons were sufficient as the officer certified under oath that the defendant committed the offense; and

1. The Blackfeet Tribal Court of Appeals has no jurisdiction over BIA Facilities.

The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer

The Macalester Review

Indigenous groups around the world have faced countless hardships—the Kolla of northwestern Argentina are no exception. While there is no doubt that the Kolla are a minority group both oppressed and marginalized, they have only recently begun to reconceptualize themselves as indigenous. Kolla identity struggles coupled with larger Latin American trends explained below make the Kolla an excellent case study to conceptualize the larger struggle between neoliberal governments and indigenous employment of international legal norms. Processes of legal globalization have led to the increasing codification of the collective rights of indigenous peoples in Latin America. This can be seen in …

The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer

The Macalester Review

Indigenous groups around the world have faced countless hardships—the Kolla of northwestern Argentina are no exception. While there is no doubt that the Kolla are a minority group both oppressed and marginalized, they have only recently begun to reconceptualize themselves as indigenous. Kolla identity struggles coupled with larger Latin American trends explained below make the Kolla an excellent case study to conceptualize the larger struggle between neoliberal governments and indigenous employment of international legal norms. Processes of legal globalization have led to the increasing codification of the collective rights of indigenous peoples in Latin America. This can be seen in …

Evidence Issues In Indian Law Cases, Taylor S. Fielding

American Indian Law Journal

No abstract provided.

Sovereignty, Safety, And Sandy: Tribal Governments Gain (Some) Equal Standing Under The Hurricane Sandy Relief Act, Heidi Adams

American Indian Law Journal

No abstract provided.

An Unreserved Attack On Reserved Water Rights: The Story Of The San Carlos Apache Tribe's Water Rights (Or Lack Thereof), Daniel Lee, Jacob J. Stender

American Indian Law Journal

No abstract provided.

The Risks And Benefits Of Tribal Payday Lending To Tribal Sovereign Immunity: Tribal Payday Lending Enterprises Are Immune Under A Proposed Universal Arm Of The Tribe Test, Bree Black Horse

American Indian Law Journal

No abstract provided.

Fishable Waters, Catherine A. O'Neill

American Indian Law Journal

No abstract provided.

August 2011 - August 2012 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Alaska Natives: Possessing Inherent Rights To Self-Governance And Self-Governing From Time Immemorial To Present Day, Kristin Mccarrey

American Indian Law Journal

No abstract provided.

Adoptive Couple V. Baby Girl: Two-And-A-Half Ways To Destroy Indian Law, Marcia A. Yablon-Zug

Michigan Law Review First Impressions

In December 2011, Judge Malphrus of the South Carolina family court ordered Matt and Melanie Capobianco to relinquish custody of Veronica, their two-year-old, adopted daughter, to her biological father, Dusten Brown. A federal statute known as the Indian Child Welfare Act ("ICWA") mandated Veronica's return. However, the court's decision to return Veronica pursuant to this law incited national outrage and strident calls for the Act's repeal. While this outrage was misplaced, it may nonetheless have influenced the U.S. Supreme Court's decision to hear the appeal. The case of Adoptive Couple v. Baby Girl is emotionally complicated, but it is not …

The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel

Michigan Journal of Race and Law

Native American Indians charged in tribal court criminal proceedings are not entitled to court appointed defense counsel. Under well-settled principles of tribal sovereignty, Indian tribes are not bound by Fifth Amendment due process guarantees or Sixth Amendment right to counsel. Instead, they are bound by the procedural protections established by Congress in the Indian Civil Rights Act of 1968. Under the Indian Civil Rights Act (ICRA), Indian defendants have the right to counsel at their own expense. This Article excavates the historical background of the lack of counsel in the tribal court arena and exposes the myriad problems that it …

Protecting Intangible Cultural Resources: Alternatives To Intellectual Property Law, Gerald Carr

Michigan Journal of Race and Law

Cultural resources can be defined as "the tangible and intangible effects of an individual or group of people that define their existence, and place them temporally and geographically in relation to their belief systems and their familial and political groups, providing meaning to their lives." The field of cultural resources includes tangible items, such as land, sacred sites, and religious and finerary objects. The field also includes intangible knowledge and customs, such as tribal names, symbols, stories, and ecological, ethnopharmacological, religious, or other traditional knowledge. The tangible cultural resources of tribes can fall under the protection of statutes such as …

A Native Vision Of Justice, Carole Goldberg

Michigan Law Review

Although largely unheralded in its time, D'Arcy McNickle's The Surrounded has become a classic of Native American literature. When the University of New Mexico Press reissued the book in 1978, a year after McNickle's death, the director of Chicago's Newberry Library, Lawrence W. Towner, predicted (correctly) that it would "reach a far wider audience." Within The Surrounded are early stirrings of a literary movement that took flight several decades after the novel's first publication in the writings of N. Scott Momaday, Louise Erdrich, James Welch, Leslie Marmon Silko, and Gerald Vizenor, among others. All of these Native American authors share …

Procedural & Scheduling Order For Review Of Proposed Settlement Agreement & Partial Final Decree (Taos), Usdc, Dcnm

Native American Water Rights Settlement Project

Court Procedural and Scheduling Order for Review of Proposed Settlement Agreement and Partial Final Judgment and Decree [Doc. No. 5548]: Entered Mar. 11, 2013 by USDC, DCNM, Nos. 69cv07895 Rio Pueblo de Taos Adjudication & 69cv07939 Rio Hondo Adjudication (Consolidated). Taos Pueblo Indian Water Rights Settlement Act enacted as Title V of the Claims Resolution Act of 2010, Pub. L. No. 111-291, 124 Stat. 3064, 3122-34 (2010). Court grants July 29, 2011 joint motion [Doc. No. 5492] of settlement parties for approval of procedures for providing notice of Settlement Agreement and proposed decree and judgment; and, conducting inter se proceeding …

Indigenous Restitution In Settling Water Claims: The Developing Cultural And Commercial Redress Opportunities In Aotearoa, New Zealand, Jacinta Ruru

Washington International Law Journal

Water is important to all peoples, including indigenous peoples. In recent years, the government in Aotearoa, New Zealand has utilized various cultural redress-type legal mechanisms to recognize and revive the importance of water to the Maori people’s identity, health, and wellbeing. These mechanisms create revolutionary modern opportunities for Maori to participate in the decision-making of how specific waters are used and protected. In particular, the negotiated agreements for the Te Arawa Lakes, and the Waikato, Waipa, and Whanganui rivers are studied in this article as prominent examples of how the government has agreed to, for example, co-management regimes. With the …

Protecting The Spiritual Beliefs Of Indigenous Peoples—Australian Case Studies, Michael Blakeney

Washington International Law Journal

This article examines the extent to which the spiritual beliefs of Aboriginal and Torres Strait Islander Peoples are protected under current Australian law. The first significant recognition by the High Court of Australia of the legal rights of indigenous peoples was in relation to native title over real property. As those peoples define their status and society by reference to their relationship with the land, this article considers the ultimately unsuccessful attempt to protect their spiritual beliefs as an incident of native title law. It reviews a line of intellectual property cases which have been a more fruitful source of …

Introduction, Jonathan A. Franklin

Washington International Law Journal

The four articles in this issue all contribute to the dialogue surrounding the intersection of indigenous people’s rights within international law and domestic actions that conflict with those rights. While the UNDRIP and other international law instruments are explicit about how states should act towards indigenous populations, in many cases these international instruments conflict with domestic law. There are several reasons for this discrepancy, including states’ self-interest, paternalism, and lack of resources needed to address both national concerns and the rights of indigenous peoples.

The Struggle For Laws Of Free, Prior, And Informed Consultation In Peru: Lessons And Ambiguities In The Recognition Of Indigenous Peoples, Elizabeth Salmón G.

Washington International Law Journal

Despite the fact that Peru ratified ILO Convention 169 on December 2, 1993 and was therefore bound by those dispositions, it adopted public policies without consulting indigenous people. This lack of dialogue led to social conflict over the management of natural resources. In June 2009, a violent episode of social unrest emerged in the provinces of Bagua and Utcubamba during the government of Alan García after the entry into force of the United States-Peru Trade Promotion Agreement (“PTPA”). Indigenous people believed that PTPA aimed to sacrifice rainforest conservation for oil and mining exploitation. In this context, indigenous people grew frustrated …

Respecting Democratic Constitutional Change, Craig M. Scott

Commissioned Reports, Studies and Public Policy Documents

On Monday, January 28, 2013, I was privileged to table, on behalf of the NDP and in my capacity as Official Opposition Critic for Democratic and Parliamentary Reform, Bill C-470, An Act Respecting Democratic Constitutional Change. On the same day, my colleague Romeo Saganash, NDP Critic for Aboriginal Intergovernmental Affairs, tabled Bill C-469 that would require Canadian law and practice to respect the United Nations Declaration on the Rights of Indigenous Peoples. In this way, on that day, the New Democratic Party was making sure that Canadians know that our party sees the building and nurturing of sustainable and cooperative …

Undrip And The Intervention: Indigenous Self-Determination, Participation, And Racial Discrimination In The Northern Territory Of Australia, Anna Cowan

Washington International Law Journal

The adoption of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) by the General Assembly in 2007 was a landmark achievement in the development of indigenous rights under international law, particularly through its unequivocal recognition of indigenous peoples’ right to self-determination. That same year, Australia launched a comprehensive Intervention into Aboriginal communities in the Northern Territory, which purported to safeguard important human rights but was heavily criticized for its discriminatory and non-consultative approach. This article explores the meaning of self-determination under international law, now that the long debate over whether indigenous peoples are “peoples” has finally been …

The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel

Faculty Scholarship

Native American Indians charged in tribal court criminal proceedings are not entitled to court appointed defense counsel. Under well-settled principles of tribal sovereignty, Indian tribes are not bound by Fifth Amendment due process guarantees or Sixth Amendment right to counsel. Instead, they are bound by the procedural protections established by Congress in the Indian Civil Rights Act of 1968. Under the Indian Civil Rights Act (ICRA), Indian defendants have the right to counsel at their own expense. This Article excavates the historical background of the lack of counsel in the tribal court arena and exposes the myriad problems that it …

Uncounseled Tribal Court Guilty Pleas In State And Federal Courts: Individual Rights Versus Tribal Self-Governance, Christiana M. Martenson

Michigan Law Review

Indian tribes in the United States are separate sovereigns with inherent self-governing authority. As a result, the Bill of Rights does not directly bind the tribes, and criminal defendants in tribal courts do not enjoy the protection of the Sixth Amendment right to counsel. In United States v. Ant, a defendant - without the legal assistance that a state or federal court would have provided - pled guilty to criminal charges in tribal court. Subsequently, the defendant faced federal charges arising out of the same events that led to the tribal prosecution. The Ninth Circuit in Ant barred the federal …