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Resource Law Notes Newsletter, No. 52, Summer 2001, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Creating Better Governance, Denise D. Fort

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

17 pages (includes illustration).

Contains 2 pages of references.

Strategies To Facilitate Changes In Water Use, Bonnie G. Colby

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

21 pages.

Contains 4 pages of references and 2 pages of endnotes.

Clarifying State Water Rights And Adjudications, John E. Thorson

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

32 pages.

Contains references.

Clarifying State Water Rights And Adjudications, Greg Hobbs

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

14 pages.

Contains footnotes.

Agenda: Two Decades Of Water Law And Policy Reform: A Retrospective And Agenda For The Future, University Of Colorado Boulder. Natural Resources Law Center, Hydrosphere Resource Consultants, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Patrick & Stowell, P.C., Perkins Coie Llp, The William And Flora Hewlett Foundation

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

1 v. (various pagings) ; 29 cm

"Sponsors: Hydrosphere Resource Consultants; Modrall, Sperling, Roehl, Harris & Sisk, P.A.; Patrick & Stowell, P.C.; Perkins Coie LLP; The William and Flora Hewlett Foundation."

Conference speakers, moderators and/or panelists included University of Colorado School of Law professors Gary C. Bryner, Douglas S. Kenney, Sarah Krakoff, Kathryn Mutz, David H. Getches, Lawrence J. MacDonnell and James N. Corbridge, Jr.

Includes bibliographical references

The conference will examine the agenda for reforming and improving water law that has developed during the past two decades in the West, assesses what has (and has not) been accomplished by …

Two Decades Of Water Law And Policy Reform Proposals: An Overview, Lawrence J. Macdonnell

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

22 pages.

Contains references.

Acquiring Water For Tribes, Susan M. Williams

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

16 pages.

Contains references (page 15).

Budding Translation, Milner S. Ball

Michigan Law Review

Among the American classics in my library, Black Elk Speaks is one of the least willing to rest closed on the shelf. It is the story of a vision, the duty that accompanies the vision, and the life of those whom the vision would animate. It can be justly read as tragedy, indictment, and struggle with the past. But it can also be read as affirmation and as invocation of hope for the future, possibilities that present themselves on this revisit. There are risks in making Black Elk Speaks the subject of a Classics Revisited, more risks than in Kenji …

The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches

Michigan Law Review

A single, century-old court decision affects the water rights of nearly everyone in the West. The Supreme Court's two-page opinion in Winters v. United States sent out shock waves that reverberate today. By formulating the doctrine of reserved water rights, the Court put Indian tribes first in line for water in an arid region. Priority is everything where water law typically dictates that the senior water rights holder is satisfied first, even if it means taking all the water and leaving none for anyone else. In the West, water rights belong to "prior appropriators." The earliest users of water secure …

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. …

Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.

Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.

The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).

"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner …

In Re Gilroy V. Young Running Crane, Et Al., 2001-Ap-06 (Blkft. Tr. Ct. App., April 4, 2001), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied petitioners Writ of Habeas Corpus because the full remedy of the lower court process has not been fully exercised and can be reached in a reasonable time frame. The Court urged Blackfeet Family Services to expedite the process to assure a family reunification hearing is held as soon as possible.

Rescuing Paha Sapa: Achieving Environmental Justice By Restoring The Great Grasslands And Returning The Sacred Black Hills To The Great Sioux Nation, John P. Lavelle

Faculty Scholarship

Looking at a unique proposal of the Conservation Alliance of the Great Plains for establishing a "Greater Black Hills Wildlife Protected Area" in the Northern Plains region. Especially in light of the proposal's potential impacts on the continuing efforts of the Sioux tribes of this region to secure the return of the sacred Black Hills to sovereign tribal ownership.

In Re Gilroy V. Young Running Crane, Et Al., 2001-Ap-06 (Blkft. Tr. Ct. App., April 4, 2001), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied petitioners Writ of Habeas Corpus because the full remedy of the lower court process has not been fully exercised and can be reached in a reasonable time frame. The Court urged Blackfeet Family Services to expedite the process to assure a family reunification hearing is held as soon as possible.

Recognizing Substance: Adoptees And Affiliates Of Native American Tribes Claiming Free Exercise Rights

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Adjudication And The Problems Of Incommensurability, Brett G. Scharffs

William & Mary Law Review

No abstract provided.

History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades

Faculty Publications

No abstract provided.

Aboriginal Peoples And Mandatory Sentencing, Larry N. Chartrand

Osgoode Hall Law Journal

The author examines the impact of mandatory minimum sentencing on Aboriginal peoples in Canada. Emphasis is placed on the recently enacted mandatory minimum sentencing provisions for firearms offenses. The author argues that the enactment of such provisions are inconsistent with Parliament's objectives as reflected in section 718.2(e) of the Criminal Code which requires sentencing judges to pay "particular attention to the circumstances of Aboriginal offenders." In addition, the author explores preliminary arguments to support a finding that mandatory minimum sentences applied to Aboriginal offenders violate sections 12 and 15 of the Charter.

The Nullification Of Section 718.2(E): Aggravating Aboriginal Over-Representation In Canadian Prisons, Renee Pelletier

Osgoode Hall Law Journal

This article considers the disproportionate incarceration rate of Aboriginal offenders in Canadian prisons and the effectiveness of Parliament's attempts at alleviating this problem through the enactment of section 718.2(e) of the Criminal Code. This article focuses primarily on two recent Supreme Court of Canada decisions-R. v. Gladue and R. v. Wells. It is argued that the Court's narrow view of systemic factors, the Imitation it places on section 718.2(e) through its discussion of serious offences, as well as a number of practical problems inherent in the framework provided by the Court, strip the provision of its remedial intent. The article …

Resolution No. 01-R-06 Storage Of Rio Grande Compact Accumulated Credit Water In Jemez Canyon Reservoir, Bruce Sanchez

Law of the Rio Grande

Pueblo of Santa Ana Council authorizes the Governor and Tribal Administration to investigate, analyze and pursue the negotiation of amendments to the Pueblo's water storage agreements with the U.S. Army Corps of Engineers regarding Jemez Canyon Dam and Reservoir.

A Constitutional Examination Of The Federal Exemptions For Native American Religious Peyote Use, Christopher Parker

Brigham Young University Journal of Public Law

No abstract provided.

Tribe V. Augare, 20-C-2057-2058 (Blkft. Tr. Ct App., Feb. 22, 2001), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied a petition for a Writ of Habeas Corpus, deciding that the Defendant’s Due Process Rights have not been violated. The Defendant is detained in the Cut Bank jail for his own protection due to his past record of escape and outstanding charges. Defendants arrest complied with state procedures concerning Blackfeet Tribal Warrants. The Court ruled that defendant's detainment is not unlawful.

Solicitor Leshy Opinion--Eastern Boundary Of The Sandia Pueblo Grant, John D. Leshy

Sandia Pueblo Mountain Claim

The question of the proper location of the eastern boundary of the 1748 Spanish land grant to the Pueblo of Sandia in central New Mexico has been a matter of public controversy for many years. In December 1988, Solicitor Ralph Tarr issued an Opinion, in which Secretary Hodel concurred, rejecting the pueblo's claim that the eastern boundary of its grant should be resurveyed and located along the main ridge of the Sandia Mountain rather than along a foothill ridge. My reconsideration of the Tarr Opinion's conclusion on the boundary issue does not depend on a formal remand from the court, …

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 …

Resource Law Notes Newsletter, No. 51, Winter/Spring Issue, Mar. 2001, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Strengthening Tribal Sovereignty Through Indian Participation In American Politics: A Reply To Professor Porter, John P. Lavelle

Faculty Scholarship

A rebuttal to Porter's recent article The Demise of the Ongwehoweh and the Rise of the Native Americans: Redressing the Genocidal Act of Forcing American Citizenship upon Indigenous Peoples

Preserving Our Seminole Heritage: The Mission Of The Ah-Tah-Thi-Ki Museum, Billy Cypress

St. Thomas Law Review

I enjoyed listening to the first two speakers, and I think that they had provided us with a lot of information, and that is very good. I had heard that St. Thomas University had a symposium on sovereignty of indigenous tribes, and though it is the first time I have come to this program, I know that, for some years good people have come by, tribal people from other places have come here and have talked at this university. This university is so fortunate to have such a forum on tribal sovereignty and to be able to enjoy it right …

The Ayllu: The Basic Social Unit Of The Aymara People, Tomas Alarcon

St. Thomas Law Review

The Aymara People have inhabited this Earth since time immemorial. Their civilization dates back to 1200 B.C., and their culture was based in the ancient city of Tiwanaku, between 400 and 1000 AD. Since its organization, the dwellers of this great city have endured and resisted conquest by the Inca empire, the Spanish, and the modem states surrounding Lake Titicaca. The Aymara now live in the Andes within the borders of Peru, Bolivia, Chile and Argentina.Their territory is an altiplano or plateau, Poopo, in the region surrounding Lake Titicaca at 4,000 meters above sea level. The Aymara ancestors selected this …

Federalism: The Imprecise Calculus Of Dual Sovereignty, 35 J. Marshall L. Rev. 1 (2001), John H. Clough

UIC Law Review

No abstract provided.