Chapter 8 Indian Reserved Water Rights
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70 2011 Supplement—American Indian Law Deskbook, Fourth Edition 70 P.331, n.6. Add the following to the end of the footnote: See also Jeff Candrian, Note & Comment: Building With Blinders On: How Policymakers Ignored Indian Water Rights to the Colorado, Setting the Stage for the Navajo Claim, 22 Colo. J. Int’l Envtl. L. & Pol’y 159 (2011) (discussing how the lower basin states of the Colorado River failed to take into account the potential tribal claims to water and how those claims may upend the current water allocation system). P.332, n.7. Add the following to the end of the footnote before the period: ; Robert T. Anderson, Indian Water Rights, Practical Reasoning, and Negotiated Settlements, 98 Cal. L. Rev. 1133 (2010) P.332, n.9. Add the following to the end of the footnote before the period: ; see generally Charles Carvell, Indian Reserved Water Rights: Impending Conflict or Coming Rapprochement Between the State of North Dakota and North Dakota Indian Tribes, 85 N.D. L. Rev. 1 (2009) (discussing the foundation of North Dakota water law, the modern-day presence of non-Indians residing on Indian reservations and the doctrine of Indian reserved water rights). P.344, n.91. Add the following to the fifth-to-last line of the footnote after “see generally”: Sidney P. Ottem, The General Adjudication of the Yakima River: Tributaries for the Twenty-First Century and a Changing Climate, 23 J. Envtl. L. & Litig. 275, 298–310 (2008) (reviewing the Yakima River Basin general adjudication’s rulings related to the Yakama Nation’s reserved rights); P.346, n.105. Add the following to the end of the footnote before the period: ; see also San Carlos Apache Tribe v. United States, 639 F.3d 1346 (Fed. Cir. 2011) (holding that six year statute of limitations under 28 U.S.C. § 2501 precludes Chapter 8 Indian Reserved Water Rights 71 Indian Reserved Water Rights tribe from bringing claim against the United States for monetary damages for breach of fiduciary duty related to establishing reserved water rights in the Gila River) P.349, n.123. Add the following to the end of the footnote before the period: ; Michelle Uberuaga Zanoni, Evaluating the Consequences of Climate Change on Indian Reserved Water Rights and the PIA: The Impracticable Irrigable Acreage Standard, 31 Pub. Land & Resources L. Rev. 125 (2010) (discussing the alternative homeland standard to determine Indian reserved water rights as climate change makes irrigation less practicable). P.355, n.176. Add the following to the end of the footnote before the period: ; cf. United States v. Orr Water Ditch Co., 600 F.3d 1152, 1158 (9th Cir. 2010) (State Engineer may not issue groundwater permits to non-Indians if groundwater use would diminish tribal decreed surface water rights since “[s]urface water contributes to groundwater and groundwater contributes to surface water”); see generally Liana Gregory, Note, “Technically Open”: The Debate Over Native American Reserved Groundwater Rights, 28 J. Land Resources & Envtl. L. 361, 365–67 (2008) (discussing the Wyoming and Arizona decisions, and concluding that “there is no clear common law path for the debate to follow ” since “[i]t is evident from the behavior on the state level that the holding in Cappaert did not settle the issue of groundwater reservation”); Aubri Goldsby, Note, The McCarran Amendment and Groundwater: Why Washington State Should Require Inclusion of Groundwater in General Stream Adjudications Involving Federal Reserved Water Rights, 86 Wash. L. Rev. 185 (2011) (discussing hydrologic comprehensiveness and the relationship between surface and groundwater) P.356, n.178. Add the following to the end of the footnote before the period: ; see generally John B. Carter, Montana Groundwater Law in the Twenty-First Century, 70 Mont. L. Rev. 221 (2009) (discussing the development of Montana groundwater law and Indian reserved water rights as they relate to groundwater) P.357, n.188. Add the following to the end of the footnote before the period: ; see generally Nicole C. Salamander, A Half Full Circle: The Reserved Rights Doctrine and Tribal Reacquired Lands, 12 U. Denv. Water L. Rev. 333, 347–51 (2009) (discussing reserved water rights for allotted lands reacquired by the original Native American owners) 72 2011 Supplement—American Indian Law Deskbook, Fourth Edition P.371, n.271. Add the following to the end of the footnote before the period: ; see also In re Gen. Adjudication of All Rights to Use Water in the Gila River Sys. and Source, 224 P.3d 178 (Ariz. 2010) (approving reserved water rights settlement for...