Indian Reserved Water Rights

Indian Reserved Water Rights
Author: John Shurts
Publisher: University of Oklahoma Press
Total Pages: 352
Release: 2003-03-01
Genre: History
ISBN: 9780806135410

In its 1908 decision for Winters v. United States, the Supreme Court affirmed a lower-court ruling that the United States and the Gros Ventre and Assiniboine Indians had reserved rights to water in the Milk River through an 1888 treaty which created the Fort Belknap Indian Reservation in Montana. Since 1908 the Winters decision, or Indian reserved water rights doctrine, has played an important and controversial role in the West. Indian Reserved Water Rights is the first book-length historical study of the Winters case and the early use of the reserved water doctrine. In the book, John Shurts explains how the litigation and its outcome fit well within the existing legal context and into ongoing efforts at water development in the Milk River Valley. He also examines the life of the Winters Doctrine during its earliest years, primarily through a study of water-rights litigation on the Uintah Reservation in Utah.

The Future of Indian and Federal Reserved Water Rights

The Future of Indian and Federal Reserved Water Rights
Author: Barbara Cosens
Publisher: University of New Mexico Press
Total Pages: 386
Release: 2012
Genre: Indians of North America
ISBN: 0826351220

In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of the Winters Doctrine.

American Indian Water Rights and the Limits of Law

American Indian Water Rights and the Limits of Law
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.

The Future of Indian and Federal Reserved Water Rights

The Future of Indian and Federal Reserved Water Rights
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.

Negotiating Tribal Water Rights

Negotiating Tribal Water Rights
Author: Bonnie G. Colby
Publisher: University of Arizona Press
Total Pages: 216
Release: 2016-12-01
Genre: Political Science
ISBN: 081653649X

Water conflicts plague every river in the West, with the thorniest dilemmas found in the many basins with Indian reservations and reserved water rights—rights usually senior to all others in over-appropriated rivers. Negotiations and litigation over tribal water rights shape the future of both Indian and non-Indian communities throughout the region, and intense competition for limited water supplies has increased pressure to address tribal water claims. Much has been written about Indian water rights; for the many tribal and non-Indian stakeholders who rely upon western water, this book now offers practical guidance on how to negotiate them. By providing a comprehensive synthesis of western water issues, tribal water disputes, and alternative approaches to dispute resolution, it offers a valuable sourcebook for all—tribal councils, legislators, water professionals, attorneys—who need a basic understanding of the complexities of the situation. The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases. As stakeholders continue to battle over rights to water, this book clearly addresses the place of Native rights in the conflict. Negotiating Tribal Water Rights offers an unsurpassed introduction to the ongoing challenges these claims present to western water management while demonstrating the innovative approaches that states, tribes, and the federal government have taken to fulfill them while mitigating harm to both non-Indians and the environment.

Managing the Columbia River

Managing the Columbia River
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:

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