Negotiating Tribal Water Rights

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Publisher : University of Arizona Press
ISBN 13 : 9780816524556
Total Pages : 222 pages
Book Rating : 4.5/5 (245 download)

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Book Synopsis Negotiating Tribal Water Rights by : Bonnie G. Colby

Download or read book Negotiating Tribal Water Rights written by Bonnie G. Colby and published by University of Arizona Press. This book was released on 2005-05 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Water conflicts plague every river in the West, with the thorniest dilemmas found in the many basins with Indian reservations and reserved water rightsÑrights 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 allÑtribal councils, legislators, water professionals, attorneysÑwho 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.

The Law of Waters and Water Rights

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Publisher :
ISBN 13 :
Total Pages : 1094 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis The Law of Waters and Water Rights by : Henry Philip Farnham

Download or read book The Law of Waters and Water Rights written by Henry Philip Farnham and published by . This book was released on 1904 with total page 1094 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Indigenous Water Rights in Law and Regulation

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108473067
Total Pages : 313 pages
Book Rating : 4.1/5 (84 download)

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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.

California Water Law and Policy

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Publisher : Butterworth Legal Publishers
ISBN 13 :
Total Pages : 702 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis California Water Law and Policy by : Scott S. Slater

Download or read book California Water Law and Policy written by Scott S. Slater and published by Butterworth Legal Publishers. This book was released on 2010 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Water and the Law in Hawaii

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Publisher : University of Hawaii Press
ISBN 13 : 0824873947
Total Pages : 280 pages
Book Rating : 4.8/5 (248 download)

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Book Synopsis Water and the Law in Hawaii by : Lawrence H. Miike

Download or read book Water and the Law in Hawaii written by Lawrence H. Miike and published by University of Hawaii Press. This book was released on 2004-03-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Water and the Law in Hawaii provides an intellectual and legal framework for understanding both the past and future of Hawai‘i’s freshwater resources. It covers not only the känäwai (laws) governing the balancing act between preservation and use, but also the science of aquifers and streams and the customs and traditions practiced by ancient and present-day Hawaiians on the äina (land) and in the wai (water). In placing Hawaii water law in the context of its historical development, the author condenses an enormous amount of information on traditional Hawaiian social structure and mythology. His analysis and explanation of the Hawaii Supreme Court decisions on water rights pose difficult questions and reveal the Court's at times defective reasoning by referring readers to original source material. He is the first author to explain fully how water use permits will play out in a variety of circumstances that may arise in the future, and he discusses the interrelationship between the State Water Code and the common law on water rights, which few people understand or are aware of. Water and the Law in Hawaii is a vital contribution to understanding water law in Hawaii. It will prove invaluable to students of the subject and will appeal to those with an interest in cultural anthropology, planning, Hawaiian history, and political science.

Water Rights and Environmental Regulation

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Author :
Publisher :
ISBN 13 : 9781641050975
Total Pages : 0 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Water Rights and Environmental Regulation by : Robert H. Abrams

Download or read book Water Rights and Environmental Regulation written by Robert H. Abrams and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While state law almost exclusively governs the allocation of surface waters in the United States, there are also reserved rights, an important class of water rights created by federal law. Written by practitioners in private practice, government, and academia, each with extensive experience in the area, this focused book discusses the impact of federal environmental law on the use of water resources.

Out of the Mainstream

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Author :
Publisher : Earthscan
ISBN 13 : 184977479X
Total Pages : 385 pages
Book Rating : 4.8/5 (497 download)

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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.

Water Law

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Publisher :
ISBN 13 : 9781634603133
Total Pages : 0 pages
Book Rating : 4.6/5 (31 download)

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Book Synopsis Water Law by : Robin Kundis Craig

Download or read book Water Law written by Robin Kundis Craig and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.

California Water

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Publisher : Solano Press Books
ISBN 13 :
Total Pages : 396 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis California Water by : Arthur L. Littleworth

Download or read book California Water written by Arthur L. Littleworth and published by Solano Press Books. This book was released on 1995 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal Rights for Rivers

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Publisher : Routledge
ISBN 13 : 0429889607
Total Pages : 202 pages
Book Rating : 4.4/5 (298 download)

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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.

Western Water Rights and the U.S. Supreme Court

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Publisher : McFarland
ISBN 13 : 1476641471
Total Pages : 298 pages
Book Rating : 4.4/5 (766 download)

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Book Synopsis Western Water Rights and the U.S. Supreme Court by : James H. Davenport

Download or read book Western Water Rights and the U.S. Supreme Court written by James H. Davenport and published by McFarland. This book was released on 2020-09-30 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the little-known history behind the legal doctrine of prior appropriation--"first in time is first in right"--used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state's favor, finding that prior appropriation applied across state lines--a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada and California. The exhaustive research that has gone into this book has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, case, at last finding a moment when his senior colleagues were sufficiently absent or incapacitated to either concur or dissent. Without the knowledge of his "brethren," save his "loyal friend" Taft, and without recusal, Van Devanter unilaterally delivered his sole opinion to the Clerk for publication on the last day of the Supreme Court's October 1921 Term.

Nile Water Rights

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Publisher : Springer Nature
ISBN 13 : 3662607964
Total Pages : 324 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Nile Water Rights by : Philine Wehling

Download or read book Nile Water Rights written by Philine Wehling and published by Springer Nature. This book was released on 2020-06-25 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a comprehensive assessment of the law governing the use and management of the Nile and considers, more broadly, how international water law can guide the development of a legal and institutional framework for cooperation over shared freshwater resources. It defines the current state of international water law and discusses the content of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses. On this basis, it assesses the Nile water treaties and the 2010 Cooperative Framework Agreement for the Nile, and examines their compliance with international law, with a specific focus on the legal consequences of South Sudan's secession from Sudan. Moreover, the book recommends important amendments to the 2010 Agreement. Building on these recommendations, it addresses the implementation of the principle of equitable and reasonable use regarding the Nile, illustrating the extent to which the principle can provide a conceptual framework for regulating water use. The book is a valuable resource for academics and practitioners alike as it combines legal assessment with a discussion of how international water law principles can be implemented in practice.

Layperson's Guide to Water Rights Law

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Publisher :
ISBN 13 : 9781619480094
Total Pages : 28 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Layperson's Guide to Water Rights Law by : Tom Hicks

Download or read book Layperson's Guide to Water Rights Law written by Tom Hicks and published by . This book was released on 2013-12-10 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 28-page Layperson's Guide to Water Rights Law, recognized as the most thorough explanation of California water rights law available to non-lawyers, traces the authority for water flowing in a stream or reservoir, from a faucet or into an irrigation ditch through the complex web of California water rights. It includes historical information on the development of water rights law, sections on surface water rights and groundwater rights, a description of the different agencies involve in water rights, and a section on the issues not only shaped by water rights decisions but that are also driving changes in water rights. Includes chronology of landmark cases and legislation and an extensive glossary.

Water Resource Management

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Publisher :
ISBN 13 :
Total Pages : 1030 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Water Resource Management by : A. Dan Tarlock

Download or read book Water Resource Management written by A. Dan Tarlock and published by . This book was released on 1993 with total page 1030 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Indian Water Rights and the Limits of Law

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Publisher :
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.3/5 (91 download)

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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.

A History of Water Rights at Common Law

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Publisher : Oxford Studies in Modern Legal
ISBN 13 : 9780198265818
Total Pages : 444 pages
Book Rating : 4.2/5 (658 download)

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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.

Water Rights Laws in the Nineteen Western States

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Publisher :
ISBN 13 :
Total Pages : 796 pages
Book Rating : 4.:/5 (359 download)

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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 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: