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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 …

Tribe V. No Runner, 90-Ap-20 (Blkft. Tr. Ct. App., Oct. 1, 1990), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied an appeal of a convicted Indian person. The Court reiterated that, pursuant to the Blackfeet Tribal Law and Order Code, Ch. 4, Sec. 1, “a judge can sentence a convicted Indian person to: 1) work for the tribe, 2) imprisonment and/or fine, and 3) restitution to the injured party, at the discretion of the sitting judge as to what sentence is imposed.

Reply Brief Of Appellants - United States V. Washington, Docket No. 90-35355 (935 F.2d 1059 (9th Cir. 1991))

United States v. Washington, Docket No. 90-35355 (935 F.2d 1059 (9th Cir. 1991))

No abstract provided.

Resource Law Notes Newsletter, No. 20, Sept. 1990, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Brief Of Appellants - United States V. Washington, Docket No. 90-35355 (935 F.2d 1059 (9th Cir. 1991))

United States v. Washington, Docket No. 90-35355 (935 F.2d 1059 (9th Cir. 1991))

No abstract provided.

Galbreath V. Galbreath, 81-Ca-27 (Blkft. Ct., August 2, 1990), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Trial Court, in a land ownership dispute between a mother and son, where the son made loan payments on land prior to his father's death, the court determined that without documentation of an agreement for the loan or gift of money, and without testimony of disinterested witnesses, the law will presume gratuity. Nelson v. Wilson, 81 Mont. 560, 569; 264 P. 679, 682 (1928). The court reasoned that a person cannot become indebted without their knowledge or consent to debt. Plaintiff did not pay the purchase the purchase price for the Real property. They real property will …

Galbreath V. Galbreath, 81-Ca-27 (Blkft. Ct., August 2, 1990), Blackfeet Tribal Court

Court Decisions

In the Blackfeet Trial Court, in a land ownership dispute between a mother and son, where the son made loan payments on land prior to his father's death, the court determined that without documentation of an agreement for the loan or gift of money, and without testimony of disinterested witnesses, the law will presume gratuity. Nelson v. Wilson, 81 Mont. 560, 569; 264 P. 679, 682 (1928). The court reasoned that a person cannot become indebted without their knowledge or consent to debt. Plaintiff did not pay the purchase price for the Real property. The real property will remain the …

Authorizing The Acquisition Of Additional Lands For Inclusion In The Knife River Indian Villages National Historic Site, And For Other Purposes, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report from the United States (US) House Committee on Interior and Insular Affairs, dated July 30, 1990, was written to accompany US Senate Bill 1230 which proposes to expand the Knife River Indian Villages National Historic Site in North Dakota by 465 acres to better represent the ancestral homelands of the Mandan and Hidatsa tribes. The proposed expansion included burial grounds. This report seeks to amend US Senate Bill 1230 to increase funding for the development of the historic site and to change the wording of Section 1 “Acquisition of Additional Lands” to specify certain parameters for acquiring land. …

Fort Hall Indian Water Rights Settlement Agreement Of 1990, Shoshone-Bannock Tribes Of The Fort Hall Indian Reservation, State Of Idaho, United States

Native American Water Rights Settlement Project

Settlement Agreement: Fort Hall Indian Water Rights Agreement of 1990. Parties: Shoshone Bannock Tribe and US. Agreement settles water rights arising under Second Treaty of Fort Bridger of July 3, 1868 and the Winters doctrine. The agreement recognizes a right to diversions from the Upper Snake River Basin of 581,031 a/f/y. Surface-water rights in Snake River and Sand Creek are 100-115,000 a/f/y depending on irrigation needs with a priority date of June 14, 1867. Due to Sand Creek water- fluctuations, an amount equal to that had in 1989 shall satisfy the right. Groundwater from Ross Fork Creek and Basin may …

Not On Claims Alone: Determining Indian Title To Intertidal Lands—United States V. Aam, 887 F.2d 190 (9th Cir. 1989), Andrea Geiger Oakley

Washington Law Review

The equal footing doctrine creates a presumption against conveyance of the beds of navigable waters by the United States prior to statehood. Where submerged lands lie within the boundaries of an Indian reservation, the presumption may conflict with the canons of construction applicable in Indian law. In United States v. Aam, the Ninth Circuit attempted to resolve this conflict by establishing a per se test to determine when the presumption is rebutted. This Note examines the Ninth Circuit's opinion and concludes that in light of the respective policies underlying the conflicting doctrines, the court's test gives insufficient weight to the …

The Role Of Market Transfers In The Accommodation Of New Uses: A Case Study Of The Truckee-Carson Basin, A. Dan Tarlock

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages (includes 1 map).

Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages (includes illustrations).

Contains references.

Sources Of Water I: Agriculture – The Deep Pool?, Bonnie G. Colby

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

34 pages (includes illustration).

Contains 2 pages of references.

Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.

Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.

The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …

Sources Of Water Iv: Tribal Water Rights, John E. Echohawk

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

10 pages.

Contains references.

In Re Schildt, 90-Ca-119, 90-Ap-06 (Blkft. Tr. Ct. App., Apr. 3, 1990), Blackfeet Appellate Court

Court Decisions

The Blackfeet Tribal Court of Appeals remanded the case to the trial court for a full hearing because the appellant was not allowed to enter evidence or present witnesses substantiating his claims, in violation of his right to due process.

Solutions For Uneasy Neighbors: Regulating The Reservation Environment After Brendale V. Confederated Tribes & Bands Of Yakima Indian Nation, 109 S. Ct. 2994 (1989), Craighton Goeppele

Washington Law Review

The United States Supreme Court's decision in Brendale v. Confederated Tribes & Bands of Yakima Indian Nation undermines comprehensive land use planning in some parts of Indian reservations and contributes to an environment of legal uncertainty on reservations. The loss of effective land use planning on Indian reservations will have an adverse impact on the interests of both tribal members and non-members. Extension of Brendale to other forms of environmental regulation would have an even more detrimental impact on the responsible development of reservations. This Note exposes the infeasibility of Brendale and suggests a cooperative approach for resolving jurisdictional conflicts …

In Re D.D.S., A Minor Child, 90-Ap-02 (Blkft. Tr. Ct. App., March 29, 1990), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court determined whether a trial court judge could grant custody to a party that had not petitioned for custody and whether both parties were afforded due process by not being allowed to challenge the home study evaluations. The Court accepted these arguments as valid, finding that neither parent was afforded due process when they were not able to produce evidence for themselves or to challenge the home study evaluation. Custody was awarded to a third party despite no home study evaluation being made on that party. The case is remanded to the …

Resource Law Notes Newsletter, No. 19, Mar. 1990, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

In Re Augare Children, 90-Ap-04 (Blkft. Tr. Ct. App., Feb. 7, 1990), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied a writ of habeas corpus to return the children to their mother, citing the purpose of Habeas Corpus petitions are for unlawful detainment of persons in the tribal jail. The Court, sua sponte reversed the lower court’s temporary ex parte order granting custody to the children’s father, until a show cause hearing can be held to determine the best interests of the minor children. The Judge returned the children to their mother until a determination of their best interests can be made.

Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson

UIC Law Review

No abstract provided.

Undermining Tribal Land Use Regulatory Authority: Brendale V. Confederated Tribes, Jessica S. Gerrard

Seattle University Law Review

The Allotment Act of 1887 diminished tribal regulatory authority over Indian reservation land use. While the Act provided for alienation of reservation land to non-Indians, it did not terminate the reservation status of alienated land. Hence, a question which repeatedly arises is whether Indians can control land use on non-Indian owned reservation land. This Note traces the historical basis of Indian regulatory authority over non-Indians, examines the Supreme Court's latest decision in Brendale, and then exposes the weaknesses of that decision.

The Reservation As Place: A South Dakota Essay, Frank Pommersheim

Faculty Publications

No abstract provided.

Contemporary Efforts To Guarantee Indigenous Rights Under International Law, Andre Lawrey

Vanderbilt Journal of Transnational Law

This Article examines recent attempts to improve international standards governing the rights of indigenous peoples. In this context, Ms. Lawrey analyzes the Australian Government's 1988 commitment to negotiate a treaty with Australia's Aboriginal and Torres Strait Islander peoples.

Ms. Lawrey discusses the strained relationship between international law and indigenous peoples. At present, indigenous groups are not guaranteed special rights under international law. Furthermore, traditional individual rights are inadequate to effectively protect indigenous land rights and the right to self-determination. Ms. Lawrey identifies developments in indigenous rights since World War II, including International Labor Organization Convention Number 107 (Convention 107) and …

Is This The End Of American Indian Site Specific Free Exercise Claims?: Lyng V. Northwest Indian Cemetery Protection Association, Joseph Tomkiewicz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen

Faculty Scholarship

Examining the ongoing debate concerning congressional power to eliminate federal court jurisdiction over cases arising under federal law from thefederal Indian law viewpoint allows consideration of the issues in a concrete setting. Experience under the Indian Civil Rights Act during the last twenty years indicates that some federal review of actions arising under federal law is needed if the command of the supremacy clause is to be fully effectuated. At the same time, it indicates that a uniform interpretation of that federal law is not essential to the enforcement of the clause. This examination thus provides support for the distributive …

Dance Of The Dead: A Legal Tango For Control Of Native American Skeletal Remains, John E. Peterson Ii

American Indian Law Review

No abstract provided.

Protecting Abused Children: A Judge's Perspective On Public Law Deprived Child Proceedings And The Impact Of The Indian Child Welfare Acts, Edward L. Thompson

American Indian Law Review

No abstract provided.

The Future Of Gambling In Indian Country, Gary Sokolow

American Indian Law Review

No abstract provided.