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ix | |
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xi | |
Foreword |
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xiii | |
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Acknowledgments |
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xvii | |
Funding Organizations |
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xviii | |
Introduction |
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xix | |
Intent of Publication |
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xix | |
How Best to Use This Book |
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xxii | |
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PART ONE The Context for Indian Water Settlements |
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3 | (6) |
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3 | (1) |
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4 | (1) |
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Sidebar 1.1 The Allotment Era |
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5 | (4) |
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9 | (10) |
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General Stream Adjudications and the McCarran Amendment |
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9 | (1) |
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Federal Reserved Water Rights |
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10 | (1) |
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Standards for Quantifying Winters Rights |
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10 | (2) |
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12 | (1) |
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13 | (1) |
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Federal Trust Relationship |
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14 | (2) |
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Federal Obligations to Indian Tribes |
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16 | |
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Sidebar 2.1 The Winters Decision |
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11 | (2) |
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Sidebar 2.2 Concerns with the PIA Standard |
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13 | (6) |
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Indian Water Rights and the New West |
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19 | (12) |
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Demographic Changes and the New Economy |
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19 | (4) |
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Climate Change and Cyclical Drought |
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23 | (1) |
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Changes in Presidential Administration |
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24 | (1) |
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National and International Economic Trends |
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24 | (1) |
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Water-Management Capacity of States and Tribes |
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24 | (2) |
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Adaptive Watershed Management |
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26 | (1) |
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27 | |
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Sidebar 3.1 Agriculture, Federal Farm Programs, and Water Availability for Tribal Settlements |
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20 | (5) |
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Sidebar 3.2 Implications of Climate Variability and Water Supplies for Tribal Water Settlements |
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25 | (6) |
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31 | (10) |
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31 | (1) |
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31 | (1) |
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32 | (1) |
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32 | (1) |
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Western State Governments |
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33 | (2) |
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The Federal Government's Many Hats |
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35 | |
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Sidebar 4.1 Tribes and Environmental Objectives |
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34 | (2) |
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Sidebar 4.2 State Water Agencies |
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36 | (5) |
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41 | (16) |
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Tribal Perspective: Interview with John Echohawk |
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41 | (2) |
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Pueblo Perspective: Interview with Nelson J. Cordova |
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43 | (4) |
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Urban Perspective: Interview with George Britton |
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47 | (3) |
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Federal Perspective: Interview with David J. Hayes |
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50 | (7) |
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PART THREE Making Settlements |
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57 | (22) |
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Preparing for Negotiations |
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57 | (4) |
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Coordinating Litigation with Negotiations |
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61 | (2) |
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Developing Information and Positions |
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63 | (5) |
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Federal Review and Approval |
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68 | (1) |
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69 | (6) |
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Authorization by States and Tribes |
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75 | (1) |
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75 | (2) |
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77 | |
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Sidebar 6.1 Experienced Negotiators' Tips for the Settlement Process |
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59 | (5) |
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Sidebar 6.2 Freedom of Information Act |
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64 | (2) |
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Sidebar 6.3 Thoughts on Working with Tribes |
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66 | (4) |
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Sidebar 6.4 Experienced Negotiators' Tips for Moving a Bill through the Federal Maze |
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70 | (2) |
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Sidebar 6.5 Congressional Authorization Process |
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72 | (1) |
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Sidebar 6.6 The Appropriations Process in Indian Water Rights Settlements |
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73 | (6) |
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79 | (16) |
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80 | (1) |
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Strategies to Obtain Water for Tribal Settlements |
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80 | (2) |
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Water Markets, Transfers, and Exchanges |
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82 | (2) |
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Water Management and State-Tribal Jurisdiction |
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84 | (1) |
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Financial Components of Settlements |
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85 | (2) |
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Economic Efficiency Considerations |
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87 | (2) |
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Tribal Administration of Water Resources |
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89 | (1) |
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Enforcement and Dispute Resolution |
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89 | (1) |
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Other Settlement Features |
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89 | |
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Sidebar 7.1 Monetary Compensation as a Component of Settlements |
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86 | (4) |
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Sidebar 7.2 Economic and Financial Considerations for Settlements |
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90 | (5) |
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Making Water Available for Indian Water Rights Settlements |
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95 | (12) |
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Water Sources in Past Indian Water Rights Settlements |
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95 | (2) |
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Use in Future Settlements of Water Conserved by Agriculture |
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97 | (10) |
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PART FOUR Learning from Collective Experience |
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Representative Settlements and Settlement Efforts |
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107 | (48) |
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Quantification Resulting from Litigation |
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107 | (5) |
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107 | (5) |
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Settlements Resulting from Strong Congressional Leadership |
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112 | (6) |
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112 | (3) |
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Truckee-Carson-Pyramid Lake Water Settlement |
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115 | (3) |
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State Government Settlement Initiatives |
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118 | (9) |
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Navajo Indian Irrigation Project |
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119 | (2) |
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Fort Hall Indian Water Rights Settlement |
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121 | (3) |
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Northern Cheyenne Compact |
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124 | (3) |
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Tribal Settlement Initiatives |
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127 | (3) |
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Warm Springs Water Rights Settlement |
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127 | (3) |
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Other Water Users' Settlement Initiatives |
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130 | (8) |
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Gila River Settlement and Little Colorado River Negotiations |
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130 | (5) |
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Salt River Pima-Maricopa Indian Community |
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135 | (1) |
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136 | (2) |
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Settlements Addressing Endangered Species Act Issues |
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138 | (14) |
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Colorado Ute Water Rights Settlement |
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138 | (6) |
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Shivwits Band of the Paiute Indian Tribe of Utah |
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144 | (2) |
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146 | (6) |
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When Is a Settlement Settled? |
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152 | (3) |
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Southern Arizona Water Rights Settlement Act |
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152 | (3) |
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155 | (8) |
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155 | (1) |
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Factors Producing a Settlement |
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156 | (1) |
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156 | (1) |
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Observations and Recommendations |
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157 | (4) |
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To Celebrate or Not to Celebrate? |
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161 | (2) |
Notes |
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163 | (8) |
Appendix |
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171 | (6) |
Bibliography |
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177 | (6) |
Authors and Contributors |
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183 | (2) |
Index |
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185 | |