Indigenous, Indian, and Aboriginal Law Commons^™

Quantification Of Federal Reserved Rights—Litigation, Legislation Or Negotiation? [Outline], John Undem Carlson

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

1 page.

Contracting For Water From A Federal Project, Gary L. Greer

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

7 pages.

Application Of The Law Of Prior Appropriation: Outline, James N. Corbridge Jr.

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

11 pages.

Federal And Indian Reserved Rights: Outline, Robert S. Pelcyger

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

6 pages.

Regimes For Allocating Rights In Ground Water, William A. Hillhouse, Ii

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

145 pages.

Supplemental materials. Includes text of C.R.S. § 37-90-135-138, In the Matter of Rules and Regulations Governing the Use, Control, and Protection of Water Rights for Both Surface and Underground Water Located in the Rio Grande and Conejos River Basins and Their Tributaries, No. W-3466 (Colo. Dist. Ct., Water Div. 3 Jan. 31, 1980), Southeastern Colo. Wtr. v. Huston, 593 P.2d 1347, Ruling, Judgment and Certification, Southeastern Colo. Wtr. v. Huston (Colo. Dist. Ct. Water Div. 1,2,3,4,5,6 & 7 Feb. 11, 1981), Corrected Findings of Fact , Conclusions of Law and Decree, In the Matter of the Application for …

Ground Water Mining, Water Transfers And The Ogallala Aquifer Study, J. David Aiken

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

10 pages.

Contains references.

Land Subsidence And Ground-Water Pumping: Outline, Thomas L. Holzer

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

10 pages.

Contains research sources.

State Prohibitions On The Interstate Exportation Of Scarce Water Resources, Steven E. Clyde, Edward W. Clyde

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

42 pages.

Maintaining Minimum Stream Flows For Wildlife And Recreation, A. Dan Tarlock

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

27 pages.

Contains references.

Federal Nonreserved Water Rights, Frank J. Trelease

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

5 pages.

Federal Regulation Of Appropriations Of Water In The Name Of Protecting Water Quality, David L. Harrison

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

9 pages.

Federal Reserved Water Rights Policy And Improving Federal-State Relations In The West: A Discussion Of The Need For Federal Legislation On Reserved Rights: Outline, Charles B. Roe, Jr.

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

8 pages.

Pure Water, Pure Law, And Pure Nonsense: Outline, Charles E. Corker

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

24 pages.

Water Resources Allocation: Reclaiming Municipal Wastewater For Agricultural Use: Outline, Robert C. Kerr

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

26 pages (includes illustrations).

Doing Business On An Indian Reservation: Can The Non-Indian Enforce His Contract With The Tribe?, Richard M. Grimsrud

BYU Law Review

No abstract provided.

Pacific Northwest Indian Treaty Fishing Rights, Thomas C. Galligan, Jr., Michael T. Reynvaan

Seattle University Law Review

This Comment analyzes and discusses this ongoing controversy, focusing on the treaty Indians' history, the background of the treaty negotiations and signings, the principles of construction governing the interpretation of Indian treaties, and the relevant legal precedents. It attempts to construct a coherent approach to the Washington fishing rights controversy emphasizing that the Washington Indians' paramount purpose in these treaties was maintaining the right to fish. Two lower court cases that successfully took account of the Indians' purpose and meaningfully effectuated that purpose in relation to twentieth century developments are Judge Boldt's decision in United States v. Washington (Boldt) and …

Comment, United States V. Mitchell, Gail F. Whittemore

Elisabeth Haub School of Law Faculty Publications

Prior to 1946, in order for tribal Indians to gain access to courts for consideration of claims arising out of treaties between Indians and the United States, a special act of Congress was required in each case conferring jurisdiction on the court of claims to hear a tribe's grievance. Long delays, expense, and in many cases denial of access to court for Indians resulted. Seeking to remedy the situation, in 1946, Congress enacted the Indian Claims Commission Act. Under the Act, an Indian Claims Commission was given extremely broad jurisdiction to adjudicate the many outstanding Indian claims, including those "based …

Decriminalizing Tribal Codes: A Response To Oliphant, Catherine Baker Stetson

American Indian Law Review

No abstract provided.

Indian Monies And Welfare Eligibility, Raymond Cross, Barbara Rath

Faculty Journal Articles & Other Writings

This article discusses the issues raised when Indians --- who are receiving federal or state welfare assistance -- receive claims judgment monies, lease or royalty payments from trust lands, and damage awards in actions brought by the United States on their behalf. The article concludes that conflict between the rights that an Indian has due to his Indian status and the rights that he has as a citizen are unavoidable and these benefits and burdens must be reconciled as well as they can.

Water Rights On Indian Allotments, David H. Getches

Publications

Development of individually-held reservation lands for agriculture, mining, or commerce almost always depends on a supply of water. Thus, it is essential that owners of land within a reservation have some certainty of their water rights. No statute or other source, however, expressly defines water rights on Indian allotments. This article attempts to define those water rights by examining the allotment policy and legislation in light of the reserved water rights doctrine. The author concludes that no reserved rights may be held by individuals, but that during the period of trust some of those rights may be used by allottees. …

Perspectives On Water And Energy In The American West And In Indian Country, Charles F. Wilkinson

Publications

No abstract provided.

What Price Progress? Uranium Production On Indian Lands In The San Juan Basin, Lise Young

American Indian Law Review

No abstract provided.

Environmental Law: Protecting Clean Air: The Authority Of Indian Governments To Regulate Reservation Airsheds, Patrick Smith, Jerry D. Guenther

American Indian Law Review

No abstract provided.

Fishing Rights: Indian Fishing Rights And Congress: The Salmon And Steelhead Conservation And Enhancement Act Of 1980, Joseph P. Mentor Jr.

American Indian Law Review

No abstract provided.

Legislation: The Alaska Native Claims Settlement Act: Legislation Appropriate To The Past And The Future, Sarah Arnott

American Indian Law Review

No abstract provided.

Mineral Resources: Tribal Development Of Reservation Oil And Gas Resources Through The Use Of A Nontaxation-Based Tribal Joint Development Program, Quentin Michael Jones

American Indian Law Review

No abstract provided.

Water Rights: Aboriginal Water Use And Water Law In The Southwestern United States: Why The Reserved Rights Doctrine Was Inappopriate, Anne E. Ross

American Indian Law Review

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.

The Tribally Controlled Community College Assistance Act Of 1978: The Failure Of Federal Indian Higher Education Policy, Michael A. Olivas

American Indian Law Review

No abstract provided.

Jurisdictional Decisions In Indian Law: The Importance Of Extralegal Factors In Judicial Decision Making, Philip Lee Fetzer

American Indian Law Review

No abstract provided.