Indigenous Rights and Climate Change: The Influence of Climate Change on the Quantification of Reserved Instream Water Rights for American Indian Tribes

The people indigenous to the Western portion of the lands now referred to as North America have relied on aquatic species for physical, cultural, and spiritual sustenance for millenia. Such indigenous peoples, referred to in the American legal system as Indian tribes, are entitled to water rights for fish habitat pursuant to the Winters Doctrine, which holds that the federal government impliedly reserved water rights for tribes when reservations were created. Recently, the methodology for quantifying these rights has been the Instream Flow Incremental Methodology (IFIM) and/or one of its major components, the Physical Habitat Simulation Model (PHABSIM). These models result in water right claims for fixed quantities of water, which—although not required by law—result in instream water rights that are decreed without any means for adjustment to account for changing conditions. Ultimately, climate change will likely alter the amount of water necessary to protect aquatic habitat, rendering obsolete any water right that is based on a fixed quantity. As climate change continues to worsen, we argue that quantifying reserved water rights for inflexible fixed quantities imposes an unreasonable burden on American Indian tribes. Instead, we suggest the application of a number of integrated technical and legal solutions to mitigate the uncertainty Indian tribes currently face from climate change as they seek to protect their rights, resources, and homelands

Does tiny-scale atomic structure exist in the interstellar medium ?

We report on preliminary results from the recent multi-epoch neutral hydrogen absorption measurements toward three pulsars, B0823+26, B1133+16 and B2016+28, using the Arecibo telescope. We do not find significant variations in optical depth profiles over periods of 0.3 and 9--10 yr, or on spatial scales of 10--20 and 70--85 AU. The large number of non detections of the tiny scale atomic structure suggests that the AU-sized structure is not ubiquitous in the interstellar medium and could be quite a rare phenomenon.Comment: Accepted by ApJ Letters, 5 pages, 2 figure

Star Formation in the Northern Cloud Complex of NGC 2264

We have made continuum and spectral line observations of several outflow sources in the Mon OB1 dark cloud (NGC 2264) using the Heinrich Hertz Telescope (HHT) and ARO 12m millimeter-wave telescope. This study explores the kinematics and outflow energetics of the young stellar systems observed and assesses the impact star formation is having on the surrounding cloud environment. Our data set incorporates 12CO(3-2), 13CO(3-2), and 12CO(1-0) observations of outflows associated with the sources IRAS 06382+1017 and IRAS 06381+1039, known as IRAS 25 and 27, respectively, in the northern cloud complex. Complementary 870 micron continuum maps were made with the HHT 19 channel bolometer array. Our results indicate that there is a weak (approximately less than 0.5%) coupling between outflow kinetic energy and turbulent energy of the cloud. An analysis of the energy balance in the IRAS 25 and 27 cores suggests they are maintaining their dynamical integrity except where outflowing material directly interacts with the core, such as along the outflow axes.Comment: 28 pages including 6 figures, to be published in ApJ 01 July 2006, v645, 1 issu