American Indian Water Rights and the Limits of Law


Book Description

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.




Indigenous Water Rights in Law and Regulation


Book Description

A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.







Out of the Mainstream


Book Description

"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 Justice


Book Description

An overview of critical conceptual approaches to water justice, illustrated with global historic and contemporary case studies of socio-environmental struggles.




Indigenous Environmental Justice


Book Description

"With connections to traditional homelands being at the heart of Native identity, environmental justice is of heightened importance to Indigenous communities. Not only do irresponsible and exploitative environmental policies harm the physical and financial health of Indigenous communities, they also cause spiritual harm by destroying the land and wildlife that are held in a place of exceptional reverence for Indigenous peoples. Combining elements of legal issues, human rights issues, and sovereignty issues, Indigenous Environmental Justice creates a clear example of community resilience in the face of corporate greed"--




Water Governance: Retheorizing Politics


Book Description

This republished Special Issue highlights recent and emergent concepts and approaches to water governance that re-centers the political in relation to water-related decision making, use, and management. To do so at once is to focus on diverse ontologies, meanings and values of water, and related contestations regarding its use, or its importance for livelihoods, identity, or place-making. Building on insights from science and technology studies, feminist, and postcolonial approaches, we engage broadly with the ways that water-related decision making is often depoliticized and evacuated of political content or meaning—and to what effect. Key themes that emerged from the contributions include the politics of water infrastructure and insecurity; participatory politics and multi-scalar governance dynamics; politics related to emergent technologies of water (bottled or packaged water, and water desalination); and Indigenous water governance.




Overturning Aqua Nullius


Book Description

Aboriginal peoples in Australia have the oldest living cultures in the world. From 1788 the British colonisation of Australia marginalised Aboriginal communities from land and water resources and their traditional rights and interests. More recently, the national water reforms further disenfranchised Aboriginal communities from their property rights in water, continuing to embed severe disadvantage. Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia. In this award-winning work, Dr Marshall argues that Aboriginal water rights require legal recognition as property rights, and that water access and water infrastructure are integral to successful economic enterprise in Aboriginal communities. Aboriginal peoples social, cultural and economic certainty rests on their right to control and manage customary water. Drawing on the United Nations Declaration on the Rights of Indigenous Peoples, Marshall argues that the reservation of Aboriginal water rights needs to be prioritised above the water rights and interests of other groups. It is only then that we can sweep away the injustice of aqua nullius and provide the first Australians with full recognition and status of their water rights and interests.




Upstream


Book Description

From Mandan, Hidatsa, and Arikara lands in South Dakota; to Cherokee lands in Tennessee; to Sin-Aikst, Lakes, and Colville lands in Washington; to Chemehuevi lands in Arizona; to Maidu, Pit River, and Wintu lands in northern California, Native lands and communities have been treated as sacrifice zones for national priorities of irrigation, flood control, and hydroelectric development. Upstream documents the significance of the Allotment Era to a long and ongoing history of cultural and community disruption. It also details Indigenous resistance to both hydropower and disruptive conservation efforts. With a focus on northeastern California, this book highlights points of intervention to increase justice for Indigenous peoples in contemporary natural resource policy making. Author Beth Rose Middleton Manning relates the history behind the nation’s largest state-built water and power conveyance system, California’s State Water Project, with a focus on Indigenous resistance and activism. She illustrates how Indigenous history should inform contemporary conservation measures and reveals institutionalized injustices in natural resource planning and the persistent need for advocacy for Indigenous restitution and recognition. Upstream uses a multidisciplinary and multitemporal approach, weaving together compelling stories with a study of placemaking and land development. It offers a vision of policy reform that will lead to improved Indigenous futures at sites of Indigenous land and water divestiture around the nation.




American Indians and National Parks


Book Description

Many national parks and monuments tell unique stories of the struggle between the rights of native peoples and the wants of the dominant society. These stories involve our greatest parks—Yosemite, Yellowstone, Mesa Verde, Glacier, the Grand Canyon, Olympic, Everglades—as well as less celebrated parks elsewhere. In American Indians and National Parks, authors Robert Keller and Michael Turek relate these untold tales of conflict and collaboration. American Indians and National Parks details specific relationships between native peoples and national parks, including land claims, hunting rights, craft sales, cultural interpretation, sacred sites, disposition of cultural artifacts, entrance fees, dams, tourism promotion, water rights, and assistance to tribal parks. Beginning with a historical account of Yosemite and Yellowstone, American Indians and National Parks reveals how the creation of the two oldest parks affected native peoples and set a pattern for the century to follow. Keller and Turek examine the evolution of federal policies toward land preservation and explore provocative issues surrounding park/Indian relations. When has the National Park Service changed its policies and attitudes toward Indian tribes, and why? How have environmental organizations reacted when native demands, such as those of the Havasupai over land claims in the Grand Canyon, seem to threaten a national park? How has the Park Service dealt with native claims to hunting and fishing rights in Glacier, Olympic, and the Everglades? While investigating such questions, the authors traveled extensively in national parks and conducted over 200 interviews with Native Americans, environmentalists, park rangers, and politicians. They meticulously researched materials in archives and libraries, assembling a rich collection of case studies ranging from the 19th century to the present. In American Indians and National Parks, Keller and Turek tackle a significant and complicated subject for the first time, presenting a balanced and detailed account of the Native-American/national-park drama. This book will prove to be an invaluable resource for policymakers, conservationists, historians, park visitors, and others who are concerned about preserving both cultural and natural resources.




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