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Tribal Water Rights : Essays in Contemporary Law, Policy, and Economics,9780816524822

Tribal Water Rights : Essays in Contemporary Law, Policy, and Economics

by ; ;
ISBN13:

9780816524822

ISBN10:
0816524823
Format:
Hardcover
Pub. Date:
4/30/2006
Publisher(s):
Univ of Arizona Pr
List Price: $50.00

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Questions About This Book?

What version or edition is this?
This is the edition with a publication date of 4/30/2006.
What is included with this book?
  • The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any CDs, lab manuals, study guides, etc.

Summary

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 Rightsbrings 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.

Table of Contents

List of Abbreviations ix
Acknowledgments xi
Introduction
John E. Thorson, Sarah Britton, and Bonnie G. Colby
3(10)
PART ONE State-Tribal-Federal Relations
1 Tribal Sovereignty and Intergovernmental Cooperation
Rebecca Tsosie
13(22)
SIDEBAR 1.1 Federal Sovereign Immunity and the McCarran Amendment
Sarah Britton
23(4)
SIDEBAR 1.2 Coeur d'Alene
Sarah Britton
27(8)
2 Tribal Jurisdiction over Water Quality
Beth Wolfsong
35(14)
PART TWO Quantification
3 The Arizona Homeland Standard Measure of Indian Water Rights
Barbara A. Cosens
49(12)
4 The Special Case of Pueblos
Sarah Britton
61(8)
SIDEBAR 4.1 The Pueblo Lands Act
66(3)
5 Groundwater, Tribal Rights, and Settlements
Sarah Britton
69(26)
6 Allotment Water Rights
Ramsey Kropf
95(20)
SIDEBAR 6.1 After-Acquired Trust Lands
Sarah Britton
109(6)
7 The Effects of Non-Indian Development on Indian Water Rights
Jerilyn DeCoteau
115(18)
SIDEBAR 7.1 The ESA and Tribal Water Conflicts
Sarah Britton
118(3)
SIDEBAR 7.2 Vollmann Report
Sarah Britton
121(12)
PART THREE Settlement
8 Negotiating Indian Water Rights Settlements
Michael C. Nelson
133(9)
9 Reassessing Klamath
Lucy Moore and Steve Snyder
142(13)
10 Filling the Gaps in Western and Federal Water Law
Barbara A. Cosens
155(15)
11 What Makes Water Settlements Successful?
Bonnie G. Colby
170(29)
SIDEBAR 11.1 Net Present Values and Benefit Cost Ratios
Bonnie G. Colby
189(10)
PART FOUR Management
12 Tribal Water Codes
Cabell Breckenridge
199(14)
SIDEBAR 12.1 Department of the Interior's Moratorium on Approval of Tribal Water Codes
Cabell Breckenridge
206
13 Tribal Management of Hydropower Facilities
Clayton Matt
213(18)
14 The Significance of the Indian Water Rights Settlement Movement
John E. Thorson, Sarah Britton, and Bonnie G. Colby
231(10)
Notes 241(26)
Bibliography 267(10)
Contributors 277(4)
Index 281


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