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Although the rights of Indian reservations to water were specified by the Supreme Court as early as 1908, the settlement of Native American claims has become a crucial matter in recent years as economic and demographic growth in the West places extreme demands on this limited resource.
This collection of essays on Indian water rights seeks to assess these ongoing processes of conflict and accommodation among competing claimants. It brings together the views of engineers, lawyers, ecologists, economists, professional mediators, federal officials, an anthropologist, and a Native American tribal leader - all either students of these processes or protagonists in them - to discuss how the legitimate claims of both Indians and non-Indians to scarce water in the West are being settled.
Because the number of cases settled to date is but a small fraction of those pending, this volume offers an invaluable perspective on an active issue and points to the need for negotiation rather than litigation. It complements the existing literature on water law with a divergence of outlooks on an issue of vast complexity.
Introduction: Notes on context and finality / Thomas R. McGuire -- pt. 1. History -- Indian water rights conflicts in perspective / David H. Getches -- Conflicting federal roles in indian water claims negotiations / Benjamin Simon and Harvey Doerksen -- Solutions or symbols? An indian perspective on water settlements / Austin Nuønez and Mary G. Wallace -- pt. 2. Interests -- A federal perspective / Joseph R. Membrino -- Federalism and self-determination: State goals in indian water rights disputes / Peter W. Sly -- Non-Indian water users' goals: More is better, all is best / John B. Weldon, Jr. -- pt. 3. Process -- Negotiating water settlements: Ten common themes / Daniel McCool -- The 1985 Fort Peck-Montana Compact: a case study / Mary McNally -- The Salt River Pima-Maricopa Settlement: an overview / William H. Swan -- Equity, Liability, and the Salt River Settlement / Norman H. Starler and Kenneth G. Maxey -- Parties amd permanence: Alternative dispute resolution principles / John A. Folk-Williams.
(cont.)Pt. 4. Use -- Cheap water in indian country: A cost effective rural development tool? / Robert A. Young and Roger Mann -- The impact of water control on Navajo irrigation practices / John W. Leeper -- Water transfers, paper rights, and the Truckee-Carson Settlement / David Yardas -- pt. 5. Reflections -- The big horns of a dilemma / Teno Roncalio -- Dealing with the federal sovereign / Michael J. Clinton -- Lessons and directions / Charles F. Wilkinson.
Thomas R. McGuire, William B. Lord, Mary G. Wallace, editors.
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Includes bibliographical references and index.
Tucson : University of Arizona Press, ©1993