17 research outputs found

    Indigenizing Grand Canyon

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    The magical place commonly called the “Grand Canyon” is Native space. Eleven tribes hold traditional connections to the canyon according to the National Park Service. This Article is about relationships between these tribes and the agency—past, present, and future. Grand Canyon National Park’s 2019 centennial afforded a valuable opportunity to reflect on these relationships and to envision what they might become. A reconception of the relationships has begun in recent decades that evidences a shift across the National Park System as a whole. This reconception should continue. Drawing on the tribal vision for Bears Ears National Monument, this Article advocates for Grand Canyon tribes and the Park Service to consider forming a Grand Canyon Commission for cooperative management of Grand Canyon National Park. Establishing this Commission would mark the vanguard of the relational reconception, and, in this precise sense, the Commission would lay a foundation for “indigenizing” Grand Canyon

    SLIDES: Synthesis Session: Indigenous Water Symposium

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    Presenter: Jason Robison, University of Wyoming 15 slide

    The Colorado River Revisited

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    Fifty years ago former Stanford Law School Dean Charles Meyers published The Colorado River 19 STAN L REV 1 1966 arguably the most famous piece of legal scholarship ever written on this vital water source and the complex body of laws governing its flows \u27 colloquially the ÔÇ£Law of the RiverÔÇØ This piece and a companion The Colorado River The Treaty with Mexico 19 STAN L REV 367 1967 offered seminal accounts of the legal histories doctrinal features and unresolved perplexities of the Law of the River\u27s international and interstate allocation framework Five decades later between thirtyfive and forty million US residents rely on flows controlled by this framework and an historic drought and unprecedented water supply and demand imbalance face the Colorado River Basin It is a transformative time for the Law of the River and this Article revisits Meyers\u27s scholarship from this vantage point It begins by considering climate change and related dynamic changes in and around the basin over the past fifty years It then considers the evolution of the Law of the River\u27s allocation framework across this period \u27 particularly since the historic drought\u27s onset in 2000 Finally focusing on the concept of ÔÇ£adaptive framingÔÇØ the Article synthesizes common patterns in the allocation framework\u27s evolution and offers prescriptions and prognoses regarding the continuation of these patterns in the futur

    Wyoming\u27s Big Horn General Stream Adjudication

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    The State of Wyoming\u27s general stream adjudication in the WindBig Horn Basin ÔÇ£Big HornÔÇØ adjudication effectively concluded in September 2014 after thirtyseven years Lengthy costly and often contentious this proceeding addressed diverse water rights claims submitted by over 20000 parties Perhaps most notable were claims for reserved rights asserted by the Eastern Shoshone and Northern Arapaho tribes on the Wind River Indian Reservation \u27 claims that when considered by the US Supreme Court in Wyoming v United States raised salient issues regarding the practicably irrigable acreage PIA standard and related sensitivity doctrine then espoused by certain members of the Court Drawing mainly on primary sources in a digital archive created for the Big Horn adjudication this Article offers a comprehensive survey of the proceeding It initially situates the adjudication within the WindBig Horn Basin and the jurisprudential backdrop of western water law and it subsequently chronicles the adjudication\u27s three distinct yet interconnected phases The narrative offers many insights into the composition of general stream adjudications and their relative value as mechanisms for resolving claims of federal state and tribal sovereigns to water resources Also illuminated is the precedent set by the adjudication for water allocation and management within the WindBig Horn Basin \u27 a precedent it is hoped will foster collaboration and innovation in the futur

    Foreward

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    Epilogue: What is the Río Silala?

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    Indigenizing Grand Canyon

    Get PDF
    The magical place commonly called the “Grand Canyon” is Native space. Eleven tribes hold traditional connections to the canyon according to the National Park Service. This Article is about relationships between these tribes and the agency—past, present, and future. Grand Canyon National Park’s 2019 centennial afforded a valuable opportunity to reflect on these relationships and to envision what they might become. A reconception of the relationships has begun in recent decades that evidences a shift across the National Park System as a whole. This reconception should continue. Drawing on the tribal vision for Bears Ears National Monument, this Article advocates for Grand Canyon tribes and the Park Service to consider forming a Grand Canyon Commission for cooperative management of Grand Canyon National Park. Establishing this Commission would mark the vanguard of the relational reconception, and, in this precise sense, the Commission would lay a foundation for “indigenizing” Grand Canyon

    Colorado River Water in Southern California: Evolution of the Allocation Framework, 1922-2015

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    An elaborate and nested legal framework with both interstate and intrastate components governs allocation of Colorado River water to and within Southern California This framework has evolved for nearly a century and this paper chronicles major milestones within this evolution The narrative is framed with the formation of the Colorado River Compact in 1922 as a front bookend and recent developments involving the Quantification Settlement Agreement Salton Sea restoration and the Interim Shortage Guidelines as back bookends Reflections on the iterative and provisional nature of the evolutionary process and Southern Californias relative degree of water security resulting from it appear in the conclusio

    Arizona v. California & the Colorado River Compact: Fifty Years Ago, Fifty Years Ahead

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    Hydrologic conditions in the Colorado River Basin have changed markedly in the fiftyyear period since the US Supreme Court announced the seminal Colorado River decision of Arizona v California in 1963 As projected by the Bureau of Reclamation in its recent Colorado River Basin Water Supply and Demand Study this pattern of change is anticipated to persist during the next fifty years Water demands exceeded supplies on average in the basin for the first time in recorded history over the past decade and this supplydemand imbalance is forecast to widen between now and 2060 absent changes in the status quo Rooted in concerns about reliance interests and expectations attached to Colorado River water in the Lower Basin this Article considers the nuanced relationship between Arizona v California and the Colorado River Compact as this relationship is implicated by the supplydemand imbalance We initially provide an overview of the Compact\u27s prominent role in the Arizona v California litigation \u27 notwithstanding the majority\u27s ultimate disregard of it in the final decision We then consider Arizona v California\u27s facilitation of water uses and losses in the Lower Basin over the past several decades and essential parameters put into place by the Compact that bear on future efforts to manage these uses and losses We conclude by advocating for the formulation of a Lower Basin water budget that is informed by the Compact\u27s basinwide apportionment scheme as a means for navigating the supplydemand imbalanc
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