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Indigenous Water Rights In Law And Regulation
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Book Synopsis Indigenous Water Rights in Law and Regulation by : Elizabeth Jane Macpherson
Download or read book Indigenous Water Rights in Law and Regulation written by Elizabeth Jane Macpherson and published by Cambridge University Press. This book was released on 2019-08-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Book Synopsis American Indian Water Rights and the Limits of Law by : Lloyd Burton
Download or read book American Indian Water Rights and the Limits of Law written by Lloyd Burton and published by . This book was released on 1991 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Tribal Water Rights by : John E. Thorson
Download or read book Tribal Water Rights written by John E. Thorson and published by University of Arizona Press. This book was released on 2016-08-08 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The settlement of Indian water rights cases remains one of the thorniest legal issues in this country, particularly in the West. In a previous book, Negotiating Tribal Water Rights, Colby, Thorson, and Britton presented a general overview of the processes involved in settling such cases; this volume provides more in-depth treatment of the many complex issues that arise in negotiating and implementing Indian water rights settlements. Tribal Water Rights brings together practicing attorneys and leading scholars in the fields of law, economics, public policy, and conflict resolution to examine issues that continue to confront the settlement of tribal claims. With coverage ranging from the differences between surface water and groundwater disputes to the distinctive nature of Pueblo claims, and from allotment-related problems to the effects of the Endangered Species Act on water conflicts, the book presents the legal aspects of tribal water rights and negotiations along with historical perspectives on their evolution.
Download or read book Water Code written by Texas and published by . This book was released on 1972 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indian Reserved Water Rights written by and published by . This book was released on 1985 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Make it Safe written by Amanda M. Klasing and published by . This book was released on 2016 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The report, 'Make It Safe: Canada's Obligation to End the First Nations Water Crisis,' documents the impacts of serious and prolonged drinking water and sanitation problems for thousands of indigenous people--known as "First Nations"--living on reserves. It assesses why there are problems with safe water and sanitation on reserves, including a lack of binding water quality regulations, erratic and insufficient funding, faulty or sub-standard infrastructure, and degraded source waters. The federal government's own audits over two decades show a pattern of overpromising and underperforming on water and sanitation for reserves"--Publisher's description.
Book Synopsis Legal Rights for Rivers by : Erin O'Donnell
Download or read book Legal Rights for Rivers written by Erin O'Donnell and published by Routledge. This book was released on 2018-10-17 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.
Book Synopsis A History of Water Rights at Common Law by : Joshua Getzler
Download or read book A History of Water Rights at Common Law written by Joshua Getzler and published by Oxford Studies in Modern Legal. This book was released on 2004 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Water resources were central to England's precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late eighteenth and early nineteenth centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters. The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled. Water law stands as a refutation of the still-common belief that English and European law parted ways irreversibly in the twelfth century. Getzler also describes the economic as well as the legal history of water use from early times, and examines the classical problem of the relationship between law and economic development. He suggests that water law was shaped both by the impact of technological innovations and by economic ideology, but above all by legalism.
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 ISBN 13 : Total Pages :274 pages Book Rating :4.3/5 (91 download)
Book Synopsis Managing the Columbia River by : National Research Council (U.S.). Committee on Water Resources Management, Instream Flows, and Salmon Survival in the Columbia River Basin
Download or read book Managing the Columbia River written by National Research Council (U.S.). Committee on Water Resources Management, Instream Flows, and Salmon Survival in the Columbia River Basin and published by National Academy Press. This book was released on 2004 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Book News, Inc., Portland, OR (booknews.com).
Book Synopsis Indigenous Water Rights, Local Water Management, and National Legislation by : Rutgerd Anne Boelens
Download or read book Indigenous Water Rights, Local Water Management, and National Legislation written by Rutgerd Anne Boelens and published by . This book was released on 2002 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Overturning Aqua Nullius by : Virginia Marshall
Download or read book Overturning Aqua Nullius written by Virginia Marshall and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal peoples in Australia have the oldest living cultures in the world. From 1788 the British colonisation of Australia marginalised Aboriginal communities from land and water resources and their traditional rights and interests. More recently, the national water reforms further disenfranchised Aboriginal communities from their property rights in water, continuing to embed severe disadvantage. Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia. In this award-winning work, Dr Marshall argues that Aboriginal water rights require legal recognition as property rights, and that water access and water infrastructure are integral to successful economic enterprise in Aboriginal communities. Aboriginal peoples social, cultural and economic certainty rests on their right to control and manage customary water. Drawing on the United Nations Declaration on the Rights of Indigenous Peoples, Marshall argues that the reservation of Aboriginal water rights needs to be prioritised above the water rights and interests of other groups. It is only then that we can sweep away the injustice of aqua nullius and provide the first Australians with full recognition and status of their water rights and interests.
Book Synopsis Out of the Mainstream by : Rutgerd Boelens
Download or read book Out of the Mainstream written by Rutgerd Boelens and published by Earthscan. This book was released on 2010 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis Water Rights Laws in the Nineteen Western States by : Wells A. Hutchins
Download or read book Water Rights Laws in the Nineteen Western States written by Wells A. Hutchins and published by The Lawbook Exchange, Ltd.. This book was released on 2004 with total page 2290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hutchins, Wells A., Harold H. Ellis and J. Peter DeBraal. Water Rights Laws in the Nineteen Western States. [Washington, D.C.]: United States Department of Agriculture. [1971]. Three volumes. Reprint available July 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-414-2. Cloth. $350. * Rights to the use of water from surface and underground sources are often crucial in the seventeen contiguous Western states, Alaska and Hawaii. This work offers a comparative analysis of the development and status of the constitutional provisions, statutes, reported court decisions and administrative regulations, practices and policies regarding water rights laws in these states. The analysis considers the nature of these water rights and their acquisition, control, transfer, protection and loss. Federal, interstate and international matters are also discussed.
Book Synopsis Water Rights Laws in the Nineteen Western States by : Wells Aleck Hutchins
Download or read book Water Rights Laws in the Nineteen Western States written by Wells Aleck Hutchins and published by . This book was released on 1972 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Aboriginal Water Rights in Canada by : Richard H. Bartlett
Download or read book Aboriginal Water Rights in Canada written by Richard H. Bartlett and published by Calgary : Canadian Institute of Resources Law. This book was released on 1988 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers aboriginal title to water, Indian water rights, the extent to which aboriginal water rights have been validly regulated or abrogated by legislation and examines the manner in which contemporary agreements have provided for aboriginal water rights.
Book Synopsis Federal Water Rights Legislation by : T. Richard Witmer
Download or read book Federal Water Rights Legislation written by T. Richard Witmer and published by . This book was released on 1960 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Water Rights in the Western States by : Samuel Charles Wiel
Download or read book Water Rights in the Western States written by Samuel Charles Wiel and published by . This book was released on 1905 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:
