Indian Water Rights Settlements R44148

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 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.

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.

Examines land-use patterns and economic development on the Navajo Nation, telling a story about resource exploitation and tribal sovereignty.

This book introduces the concept of Water Diplomacy as a principled and pragmatic approach to problem-driven interdisciplinary collaboration, which has been developed as a response to pressing contemporary water challenges arising from the coupling of natural and human systems. The findings of the book are the result of a decade-long interdisciplinary experiment in conceiving, developing, and implementing an interdisciplinary graduate program on Water Diplomacy at Tufts University, USA. This has led to the development of the Water Diplomacy Framework, a shared framework for understanding, diagnosing, and communicating about complex water issues across disciplinary boundaries. This framework clarifies important distinctions between water systems - simple, complicated, or complex - and the attributes that these distinctions imply for how these problems can be addressed. In this book, the focus is on complex water issues and how they require a problem-driven rather than a theory-driven approach to interdisciplinary collaboration. Moreover, it is argued that conception of interdisciplinarity needs to go beyond collaboration among experts, because complex water problems demand inclusive stakeholder engagement, such as in fact-value deliberation, joint fact finding, collective decision making, and adaptive management. Water professionals working in such environments need to operate with both principles and pragmatism in order to achieve actionable, sustainable, and equitable outcomes. This book explores these ideas in more detail and demonstrates their efficacy through a diverse range of case studies. Reflections on the program are also included, from conceptualization through implementation and evaluation. This book offers critical lessons and case studies for researchers and practitioners working on complex water issues as well as important lessons for those looking to initiate, implement, or evaluate interdisciplinary programs to address other complex problems in any setting.