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.

The first in-depth, interdisciplinary study of Native water rights issues in Canada.

Since the beginning of the reservation era, the bitter conflict between Indians and non-Indians over water rights was largely confined to the courtroom. But in the 1980s the federal government began to emphasize negotiated settlements over lawsuits, and the settlements are changing water rights in fundamental waysÑnot only for tribes but also for non-Indian communities that share scarce water resources with Indians. In Native Waters, Daniel McCool describes the dramatic impact these settlements are having both on Indian country and on the American West as a whole. Viewing the settlements as a second treaty era, he considers whether they will guarantee the water future of reservationsÑor, like treaties of old, will require tribes to surrender vast resources in order to retain a small part of their traditional homelands. As one tribal official observed, "It's like your neighbors have been stealing your horses for many years, and now we have to sit down and decide how many of those horses they get to keep." Unlike technical studies of water policy, McCool's book is a readable account that shows us real people attempting to end real disputes that have been going on for decades. He discusses specific water settlements using a combination of approachesÑfrom personal testimony to traditional social science methodologyÑto capture the richness, complexity, and human texture of the water rights conflict. By explaining the processes and outcomes in plain language and grounding his presentation in relevant explanations of Indian culture, he conveys the complexity of the settlements for readers from a wide range of disciplines. Native Waters illustrates how America is coming to grips with an issue that has long been characterized by injustice and conflict, seeking to enhance our understanding of the settlements in the hope that this understanding will lead to better settlements for all parties. As one of the first assessments of a policy that will have a pervasive impact for centuries to come, it shows that how we resolve Indian water claims tells us a great deal about who we are as a nation and how we confront difficult issues involving race, culture, and the environment.

In 1893, Fredrick Jackson Turner published his revolutionary essay, "The Significance of the Frontier in American History." A century later, many of the country's most innovative scholars of Western history assembled at a conference at Utah State University under the direction of historian Clyde A. Milner II. Here they delivered essays meant to map the exciting new territory opened in recent years in the history of the West. Gathering the best of these essays, this collection aims to produce a compelling assessment of the newest Western historiography. The entries include William Deverell on the significance of the West in American history; David Gutiérrez on Mexican Americans; Susan Rhodes Neel on nature and the environment; Gail M. Nomura on Asia and Asian Americans; Anne F. Hyde on cultural perceptions; David Rich Lewis on Native Americans; Susan Lee Johnson on men, women, and gender; and Qunitard Taylor on race and African-Americans. Each essay is accompanied by commentaries written by other top scholars, and the eminent historian Allan G. Bogue supplies a penetrating introduction.

Water—or the lack of it—has shaped the contours of the American West and continues to dominate the region's development. From the incursions of the Spanish conquistadores to the dams of the New Deal era, humans have sought water in these arid lands as the key to survival and success. And as the West becomes more urbanized, water is an issue as never before. This book sets contemporary and often bitter debates over water in their historical contexts by examining some of the most contentious issues that have confronted the region over five centuries. Seventeen contributors—representing history, geography, ethnography, political science, law, and urban studies—provide an interdisciplinary perspective on the many dimensions of water in the West: Spanish colonial water law, Native American water rights, agricultural concerns, and dam building. A concluding essay looks toward the future by examining the impact of cities on water and of water marketing on the western economy. As farmers and ranchers from Kansas to California compete for water with powerful urban economies, the West will continue to be reshaped by this scarce and precious resource. Fluid Arguments clearly shows that many of the current disputes over water take place without a real appreciation for the long history of the debate. By shedding new light on how water allocation is established—and who controls it—this book makes a vital contribution to our understanding of water and growth in the region. CONTENTS Divining the Past: An Introduction / Char Miller Part 1. Land and Water on New Spain’s Frontiers 1. "Only Fit for Raising Stock": Spanish and Mexican Land and Water Rights in the Tamaulipan Cession / Jesús F. de la Teja 2. Water, the Gila River Pimas, and the Arrival of the Spanish / Shelly C. Dudley 3. "Between This River and That": Establishing Water Rights in the Chama Basin of New Mexico / Sandra K. Mathews-Lamb Part 2. The Native American Struggle for Water 4. Maggot Creek and Other Tales: Kiowa Identity and Water, 1870-1920 / Bonnie Lynn-Sherow 5. The Dilemmas of Indian Water Policy, 1887-1928 / Donald J. Pisani 6. First in Time: Tribal Reserved Water Rights and General Adjudications in New Mexico / Alan S. Newell 7. Winters Comes Home to Roost / Daniel McCool Part 3. Agricultural Conundrums 8. Water, Sun, and Cattle: The Chisholm Trail as an Ephemeral Ecosystem / James E. Sherow 9. Private Irrigation in Colorado’s Grand Valley / Brad F. Raley 10. A Rio Grande "Brew": Agriculture, Industry, and Water Quality in the Lower Rio Grande Valley / John P. Tiefenbacher 11. Specialization and Diversification in the Agricultural System of Southwestern Kansas, 1887-1980 / Thomas C. Schafer 12. John Wesley Powell Was Right: Resizing the Ogallala High Plains / John Opie Part 4. Dam those Waters! 13. Private Initiative, Public Works: Ed Fletcher, the Santa Fe Railway, and Phoenix’s Cave Creek Flood Control Dam / Donald C. Jackson 14. The Changing Fortunes of the Big Dam Era in the American West / Mark Harvey 15. Building Dams and Damning People in the Texas-Mexico Border Region: Mexico’s El Cuchillo Dam Project / Raúl M. Sánchez Part 5. The Coming Fight 16. Water and the Western Service Economy: A New Challenge / Hal K. Rothman

This sweeping study traces the development of water policy in the United States from the 19th century to the present day, exploring the role of legislation in appropriating access to water to the American people. Three factors influence the development of water policy and politics in the United States: the availability of water, the manner in which people use the commodity to its maximum economic benefit, and governmental control. This book is a one-stop resource for understanding the scope of water issues in America, from governing doctrine and legislation, to Native American water rights, to water protection and pollution, and to the mitigation of natural and manmade disasters. Distinguished author and noted scholar John R. Burch Jr. reviews the conflicts among state, federal, and international agencies in dealing with water supply and points to competing legal rulings and laws as undermining the creation of a cohesive policy for all. Through an analysis of key documents, Burch examines the recent calamities befalling the American water system—including droughts, oil spills, and natural disasters—and considers the future of water distribution to the American people. Organized into six parts, sections include doctrines and rights, waters of the West, border regions water management and flood control, environmental issues, and water supply and safety.

On January 6, 1908, the Supreme Court ruled that when land is set aside for the use of Indian tribes, that reservation of land includes reserved water rights. The Winters Doctrine, as it has come to be known, is now a fundamental principle of both federal Indian law and water law and has expanded beyond Indian reservations to include all federal reservations of land. Ordinarily, there would not be much to say about a one hundred-year-old Supreme Court case. But while its central conclusion that a claim to water was reserved when the land was reserved for Indians represents a commitment to justice, the exact nature of that commitment-its legal basis, scope, implications for non-Indian water rights holders, the purposes for and quantities of water reserved, the geographic nexus between the land and the water reserved, and many other details of practical consequence-has been, and continues to be, litigated and negotiated. In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of these issues and legacies.

Leckie clarifies why Debo became a scholarly pioneer and, later, an activist working on behalf of American Indians during a period of changing Indian policy.

Responding to Vine Deloria, Jr.’s call for all people to “become involved” in the struggle to protect Indigenous sacred sites, Dana Lloyd’s Land Is Kin proposes a rethinking of sacred sites, and a rethinking of even land itself. Deloria suggested using the principle of religious freedom, but this principle has failed Indigenous peoples for decades. Lloyd argues that religious freedom fails Indigenous claimants because settler law creates a tension between two competing rights—one party’s religious freedom and another party’s property rights. In this contest, the right of property will always win. Through an analysis of the 1988 US Supreme Court case Lyng v. Northwest Indian Cemetery Protective Association, which she interprets as a case about sovereignty and the meaning of land, Lloyd proposes a multilayered understanding of land and the different roles it can simultaneously play. Rejecting the binary logic of sacred religion versus secular property, Lloyd uses the legal dispute over the High Country—an area of the Six Rivers National Forest in Northern California sacred to the Yurok, Karuk, and Tolowa Indigenous nations—to show that there are at least five different, but not equally valid, ways to understand land in the Lyng case: home, property, sacred site, wilderness, and kin. To protect the High Country, the Yurok filed a religious freedom lawsuit but then proceeded to describe the land as their home in court. They lobbied for protecting the High Country through a wilderness designation even as they continued to argue that they had been managing it for centuries. They have purchased large parcels of ancestral land and also declare the land their kin, a relationship that ostensibly excludes the possibility of ownership. Land Is Kin demonstrates the complexity of land in contemporary religious, political, and legal discourse. By drawing on Indigenous perspectives on the land as kin, Lloyd points toward a framework that shifts sovereignty away from binary oppositions—between property and sacred site, between the federal government and Native nations—toward seeing the land itself as sovereign.