American Indian Water Rights And The Limits Of Law
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Author | : Lloyd Burton |
Publisher | : |
Total Pages | : 200 |
Release | : 1991 |
Genre | : Law |
ISBN | : |
Burton dissects the irreconcilable conflict of interest within the Interior Department (between the Bureau of Reclamation and the Bureau of Indian Affairs). He also examines the methods of managing disputes in contemporary cases and offers original policy recommendations that include establishing an Indian Water Rights Commission to help with the paradoxical task now facing the federal government--restoring to tribes the water resources it earlier helped give away.
Author | : Robert N. Clinton |
Publisher | : |
Total Pages | : 1466 |
Release | : 2005 |
Genre | : Indians of North America |
ISBN | : |
Author | : Kenichi Matsui |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 264 |
Release | : 2009 |
Genre | : History |
ISBN | : 0773576584 |
The first in-depth, interdisciplinary study of Native water rights issues in Canada.
Author | : Barbara Cosens |
Publisher | : UNM Press |
Total Pages | : 499 |
Release | : 2012-06-16 |
Genre | : Law |
ISBN | : 0826351239 |
On January 6, 1908, the Supreme Court ruled that when land is set aside for the use of Indian tribes, that reservation of land includes reserved water rights. The Winters Doctrine, as it has come to be known, is now a fundamental principle of both federal Indian law and water law and has expanded beyond Indian reservations to include all federal reservations of land. Ordinarily, there would not be much to say about a one hundred-year-old Supreme Court case. But while its central conclusion that a claim to water was reserved when the land was reserved for Indians represents a commitment to justice, the exact nature of that commitment-its legal basis, scope, implications for non-Indian water rights holders, the purposes for and quantities of water reserved, the geographic nexus between the land and the water reserved, and many other details of practical consequence-has been, and continues to be, litigated and negotiated. In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of these issues and legacies.
Author | : National Research Council (U.S.). Committee on Water Resources Management, Instream Flows, and Salmon Survival in the Columbia River Basin |
Publisher | : National Academy Press |
Total Pages | : 274 |
Release | : 2004 |
Genre | : Business & Economics |
ISBN | : |
Book News, Inc., Portland, OR (booknews.com).
Author | : Rutgerd Boelens |
Publisher | : Earthscan |
Total Pages | : 385 |
Release | : 2010 |
Genre | : Business & Economics |
ISBN | : 184977479X |
"Water is not only a source of life and culture. It is also a source of power, conflicting interests and identity battles. Rights to materially access, culturally organize and politically control water resources are poorly understood by mainstream scientific approaches and hardly addressed by current normative frameworks. These issues become even more challenging when law and policy-makers and dominant power groups try to grasp, contain and handle them in multicultural societies. The struggles over the uses, meanings and appropriation of water are especially well-illustrated in Andean communities and local water systems of Peru, Chile, Ecuador, and Bolivia, as well as in Native American communities in south-western USA. The problem is that throughout history, these nation-states have attempted to 'civilize' and bring into the mainstream the different cultures and peoples within their borders instead of understanding 'context' and harnessing the strengths and potentials of diversity. This book examines the multi-scale struggles for cultural justice and socio-economic re-distribution that arise as Latin American communities and user federations seek access to water resources and decision-making power regarding their control and management. It is set in the dynamic context of unequal, globalizing power relations, politics of scale and identity, environmental encroachment and the increasing presence of extractive industries that are creating additional pressures on local livelihoods. While much of the focus of the book is on the Andean Region, a number of comparative chapters are also included. These address issues such as water rights and defence strategies in neighbouring countries and those of Native American people in the southern USA, as well as state reform and multi-culturalism across Latin and Native America and the use of international standards in struggles for indigenous water rights. This book shows that, against all odds, people are actively contesting neoliberal globalization and water power plays. In doing so, they construct new, hybrid water rights systems, livelihoods, cultures and hydro-political networks, and dynamically challenge the mainstream powers and politics."--Publisher's description.
Author | : John R. Burch Jr. |
Publisher | : Bloomsbury Publishing USA |
Total Pages | : 529 |
Release | : 2015-07-20 |
Genre | : Nature |
ISBN | : |
This sweeping study traces the development of water policy in the United States from the 19th century to the present day, exploring the role of legislation in appropriating access to water to the American people. Three factors influence the development of water policy and politics in the United States: the availability of water, the manner in which people use the commodity to its maximum economic benefit, and governmental control. This book is a one-stop resource for understanding the scope of water issues in America, from governing doctrine and legislation, to Native American water rights, to water protection and pollution, and to the mitigation of natural and manmade disasters. Distinguished author and noted scholar John R. Burch Jr. reviews the conflicts among state, federal, and international agencies in dealing with water supply and points to competing legal rulings and laws as undermining the creation of a cohesive policy for all. Through an analysis of key documents, Burch examines the recent calamities befalling the American water system—including droughts, oil spills, and natural disasters—and considers the future of water distribution to the American people. Organized into six parts, sections include doctrines and rights, waters of the West, border regions water management and flood control, environmental issues, and water supply and safety.
Author | : |
Publisher | : University of Oklahoma Press |
Total Pages | : 262 |
Release | : 2002-03-01 |
Genre | : Biography & Autobiography |
ISBN | : 9780806134383 |
Leckie clarifies why Debo became a scholarly pioneer and, later, an activist working on behalf of American Indians during a period of changing Indian policy.
Author | : |
Publisher | : |
Total Pages | : 0 |
Release | : 1992 |
Genre | : Water transfer |
ISBN | : |
Author | : Daniel McCool |
Publisher | : University of Arizona Press |
Total Pages | : 260 |
Release | : 2006-10-26 |
Genre | : History |
ISBN | : 9780816526154 |
Since the beginning of the reservation era, the bitter conflict between Indians and non-Indians over water rights was largely confined to the courtroom. But in the 1980s the federal government began to emphasize negotiated settlements over lawsuits, and the settlements are changing water rights in fundamental waysÑnot only for tribes but also for non-Indian communities that share scarce water resources with Indians. In Native Waters, Daniel McCool describes the dramatic impact these settlements are having both on Indian country and on the American West as a whole. Viewing the settlements as a second treaty era, he considers whether they will guarantee the water future of reservationsÑor, like treaties of old, will require tribes to surrender vast resources in order to retain a small part of their traditional homelands. As one tribal official observed, "It's like your neighbors have been stealing your horses for many years, and now we have to sit down and decide how many of those horses they get to keep." Unlike technical studies of water policy, McCool's book is a readable account that shows us real people attempting to end real disputes that have been going on for decades. He discusses specific water settlements using a combination of approachesÑfrom personal testimony to traditional social science methodologyÑto capture the richness, complexity, and human texture of the water rights conflict. By explaining the processes and outcomes in plain language and grounding his presentation in relevant explanations of Indian culture, he conveys the complexity of the settlements for readers from a wide range of disciplines. Native Waters illustrates how America is coming to grips with an issue that has long been characterized by injustice and conflict, seeking to enhance our understanding of the settlements in the hope that this understanding will lead to better settlements for all parties. As one of the first assessments of a policy that will have a pervasive impact for centuries to come, it shows that how we resolve Indian water claims tells us a great deal about who we are as a nation and how we confront difficult issues involving race, culture, and the environment.