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Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation

Water and Growth in the West (Summer Conference, June 7-9)

1 v. (various pagings) : ill., maps ; 29 cm. + 1 CD-ROM (4 3/4 in.) + supplement (207 p. ; 29 x 24 cm.)

"Conference co-sponsor The William and Flora Hewlett Foundation."

Conference moderators included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Peter D. Nichols and Charles F. Wilkinson.

Accompanied by: CD-ROM (4 3/4 in.) and supplement (xiv, 140, [49] p.)

Includes bibliographical references

The event will cover a breadth of issues, including demographics and water-use trends, improved planning and efficient use, implementation …

Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet

Water and Growth in the West (Summer Conference, June 7-9)

18 pages.

Give Or Take An Acre: Property Norms And The Indian Land Consolidation Act, Katheleen Guzman

Faculty Articles

No abstract provided.

Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya

Publications

No abstract provided.

The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades

Faculty Publications

No abstract provided.

Agenda: Strategies In Western Water Law And Policy: Courts, Coercion And Collaboration, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

1 v. (various pagings) : ill., maps, charts ; 29 cm

Conference organizers, session moderators and/or speakers included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Lawrence J. MacDonnell, Kathryn M. Mutz and Charles F. Wilkinson

Includes bibliographical references

The event will examine the principal problem-solving strategies in western water law and policy: courts, coercion and collaboration. In addressing this broad range of strategies, the program will focus on national, west-wide and Colorado-specific issues.

Conference activities will commence with a free public program cosponsored by the Center of …

Chicana/Chicano Land Tenure In The Agrarian Domain: On The Edge Of A "Naked Knife", Guadalupe T. Lunda

Michigan Journal of Race and Law

Neither sovereignty nor property rights could forestall American geopolitical expansion in the first half of the nineteenth century. The conflicts that resulted from this clash of doctrine with desire are perhaps most evident in the history of the Chicanas/Chicanos of Texas, California, and the Southwest, who sought to maintain their land and property, as guaranteed by the Treaty of Guadalupe Hidalgo, in the aftermath of the U.S.- Mexico War. Integrating an exploration of case law with political and social histories of the period, the Author explores the sociolegal significance of Chicana/Chicano land dispossession; exposes the racial, economic, and political motivations …

Justifying Repatriation Of Native American Cultural Property, Sarah K. Harding

All Faculty Scholarship

No abstract provided.

Land Grants In A Nutshell, Malcolm Ebright

Law of the Rio Grande

No abstract provided.

Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya

Publications

No abstract provided.

Recent Developments In American Indian Law

American Indian Law Review

No abstract provided.

Essential Elements Of Amendments To The Endangered Species Act, John Harja

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

14 pages.

The Esa, Water Rights, And Regulatory Takings, Barton H. Thompson, Jr.

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

28 pages.

Contains 2 pages of references.

Agenda: Biodiversity Protection: Implementation And Reform Of The Endangered Species Act, University Of Colorado Boulder. Natural Resources Law Center

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

Conference organizers and/or faculty included University of Colorado School of Law professors Betsy Rieke, David H. Getches, Michael A. Gheleta and Charles F. Wilkinson.

All across the country--in Congress, in state legislatures and in urban and rural communities--people are discussing why we should or should not protect biodiversity and how best to do so. Since the Endangered Species Act is up for reauthorization, a variety of reform proposals are being debated. Speakers--including natural resource scholars, experts from the private and nonprofit sectors, and government officials--will examine the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and …

The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya

Publications

No abstract provided.

Railroads Across Tribal Lands, Carye Cole Chapman

American Indian Law Review

No abstract provided.

Easements By Necessity: A Threshold For Inholder Access Rights Under The Alaska National Interest Lands Conservation Act, Galen G.B. Schuler

Washington Law Review

Nineteenth Century federal land grants created a legacy of private lands surrounded by federal land in the American West. Owners of such lands (inholders) were routinely granted access across federal land by implicit common law rights until the 1960s when federal land policy became more restrictive. In 1981, the Ninth Circuit held that the Alaska National Interest Lands Conservation Act (ANILCA) provided a statutory entitlement for inholder access. Since then, the Ninth Circuit also has held that ANILCA preempts any common law access rights. This Comment argues that the common law doctrine of easements by necessity remains a threshold basis …

Agenda: Water Organizations In A Changing West, University Of Colorado Boulder. Natural Resources Law Center

Water Organizations in a Changing West (Summer Conference, June 14-16)

Conference organizers, faculty and/or moderators included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches and James N. Corbridge, Jr.

Water organizations in the western United States range from small, traditional acequia associations to large metropolitan water suppliers. What do these vastly different kinds of organizations have in common? All are feeling the pressures of change in the region--growing urban populations, environmental concerns, and calls for public participation.

This year's summer program will examine how water organizations are adapting to these pressures for change. Speakers drawn from urban, agricultural, and community organizations will share their experiences …

New Legislative Approaches, Laird Noh

Water Organizations in a Changing West (Summer Conference, June 14-16)

7 pages.

Water Issues Facing Acequia Associations, Dennis Chavez

Water Organizations in a Changing West (Summer Conference, June 14-16)

4 pages.

Federal Recent Developments

American Indian Law Review

No abstract provided.

The Legal Basis Of Aboriginal Title, Brian Slattery

Articles & Book Chapters

This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.

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

Blackfeet Tribe

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 …

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).

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.

Possession And Title To Land In English Law, Kent Mcneil

Articles & Book Chapters

The common law relating to land relies heavily on possession as a source of title and proprietary rights. Even a trespasser who wrongfully takes possession of land acquires a title to it that is good against anyone who cannot prove he or she has a better title. This is due in part to the rule that title is presumed from possession, but in addition it relies upon the incapacity of an outside claimant to rely on a jus tertii. In other words, the claimant is barred from pointing to a third party’s title under which he or she does not …

The Crown’S Title To Lands In England, Kent Mcneil

Articles & Book Chapters

A fundamental principle of the common law, stemming from the doctrine of tenures, provides that the Crown has the underlying or radical title to all land within its common law dominions. Private persons and corporations do not “own” land; instead, they hold estates in land that are presumed to be derived from Crown grants. This common law edifice is built on the legal fiction that the Crown once possessed and therefore owned all the lands in England. As this is known to be a fiction, all it does is give the Crown its underlying title and thus a right to …

The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson

Publications

No abstract provided.

Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson

Publications

No abstract provided.