The diversion of water from Colorado’s Western Slope to meet the needs of the rest of the state has been a contentious issue throughout Colorado’s history. The source of Colorado’s water is in the snow that accumulates west of the Continental Divide, but the ever-growing population on the Front Range continues to require more municipal water. In As Precious as Blood, Steven C. Schulte examines the water wars between these two regions and how the western part of the state fits into Colorado’s overall water story, expanding the account of water politics he began in Wayne Aspinall and the Shaping of the American West.
Slow to build its necessary water infrastructure and suffering from a small population, little political power, and distance from sources of capital, the Western Slope of Colorado has struggled to maintain its water supply in the face of challenges from the Eastern Slope as well as from surrounding states. Schulte explains in detail the reasons, rationalizations, and resources involved in the multimillion-dollar dams and reclamation projects that divert much-needed water to the Front Range and elsewhere. He draws from archives, newspapers, and oral histories to show the interrelationships among twentieth-century Colorado water law, legislators from across the state, and powerful members of congress from the Western Slope, who have influenced water policy throughout the American West.
As Precious as Blood provides context for one of the most contentious legal, political, and economic periods in the state’s history. Schulte puts a human face on Colorado’s water wars by exploring their social and political dimensions alongside the technical and scientific perspectives.
Craig Denton notes, “Water will be the primary political, social, and economic issue in the Intermountain West in the twenty-first century.” Urban Utah thirsts for the Great Salt Lake principal source, the Bear River. Plans abound to divert it for a rapidly growing Wasatch Front, as the last good option for future water. But is it? Who now uses the river and how? Who are its stakeholders? What does the Bear mean to them? What is left for further use? How do we measure the Bear's own interest, give it a voice in decisions?
Craig Denton's documentary takes on these questions. He tells the story of the river and the people, of many sorts, with diverse purposes, who live and depend on it. Bear River begins in alpine snowfields, lakes, and creeks in the Uinta Mountains, flows north through Wyoming, loops south in Idaho, and enters the inland sea by way of the an environmentally critical bird refuge. Along the way it has many uses: habitat, farms, electricity, recreation, lawns and homes. Denton researches the natural and human history of the river, photographed it, interviewed many stakeholders, and tried to capture the river perspective. His photographs, printed as crisp duotones, carry us downstream, ultimately to big questions, begging to be answered soon, about what we should and can make of the Bear River. Denton writes,
Gravity my engine,
Water my soul.
I am the teller of life and deep time.
You would measure me.
In your name.
From the mountains of South America to the deserts of northern Africa to the islands of south Asia, people have devised myriad ways of moving water to sustain their communities and nourish their crops. Many of these irrigation methods have been used over long periods of time and continue to function in diverse ecological and sociopolitical contexts. This book presents case studies and comparative essays about local institutions for managing water resources. Drawn from around the globe, the cases clearly demonstrate that "indigenous" irrigation is often more sustainable, cost-effective, and flexible than has been generally believed. The contributors discuss a wide range of environments, cultural traditions, and historical contexts in which such systems operate, maintaining a common focus on incentives for cooperation, operational rules, collective-choice arrangements, principles of allocation, and conflict-resolution mechanisms. Canals and Communities can serve as a sourcebook for social scientists and development planners investigating the cultural ecology of irrigated agriculture, the ethnology of cooperative social formations, the politics of collective-resource institutions, and the sociology of rural development. The book also provides examples and generalizations about the cross-cultural characteristics of sustainable water resource management and intensive agriculture. Aside from its theoretical contributions to human ecology and anthropology, the book is of practical importance to development studies. The cases it presents make a convincing argument for perpetuating small-scale irrigation systems as part of the world's repertoire of irrigation knowledge and resources.
The Ethnology of Irrigation: Cross-Cultural Characteristics of Local Water Management, Jonathan B. Mabry Patterns of Cooperation and Conflict in Local Irrigation
1. La Gente es Muy Perra: Conflict and Cooperation over Irrigation Water in Cucurpe, Sonora, Mexico, Thomas E. Sheridan
2. Dhasheeg Agriculture in the Jubba Valley of Somalia, Catherine Besteman
3. The Dry and the Drier: Cooperation and Conflict in Moroccan Irrigation, John R. Welch
4. The Political Ecology of Irrigation in an Andean Peasant Community, Paul H. Gelles Methods and Models for Analyzing Local Irrigation
5. Rapid Rural Appraisal of Arid Land Irrigation: A Moroccan Example, John R. Welch, Jonathan B. Mabry, and Hsain Ilahiane
6. Simulation Modelling of Balinese Irrigation, J. Stephen Lansing
7. Institutional Innovation in Small-Scale Irrigation Networks: A Cape Verdean Case, Mark W. Langworthy and Timothy J. Finan Development Lessons from Local Irrigation
8. Qanats and Rural Societies: Sustainable Agriculture and Irrigation Cultures in Contemporary Iran, Michael E. Bonine
9. The Utility of Tradition in Sri Lankan Bureaucratic Irrigation: The Case of the Kirindi Oya Project, Pamela Stanbury
10. The Relevance of Indigenous Irrigation: A Comparative Analysis of Sustainability, Jonathan B. Mabry and David A. Cleveland Conclusion
The Hydraulics of History: Evolutionary Trajectories of Local and Centralized Irrigation, Jonathan B. Mabry
Why do people fight about water rights? Who decides how much water can be used by a city or irrigator? Does the federal government get involved in state water issues? Why is water in Colorado so controversial? These questions, and others like them, are addressed in Colorado Water Law for Non-Lawyers. This concise and understandable treatment of the complex web of Colorado water laws is the first book of its kind. Legal issues related to water rights in Colorado first surfaced during the gold mining era in the 1800s and continue to be contentious today with the explosive population growth of the twenty-first century. Drawing on geography and history, the authors explore the flashpoints and water wars that have shaped Colorado’s present system of water allocation and management. They also address how this system, developed in the mid-1800s, is standing up to current tests—including the drought of the past decade and the competing interests for scarce water resources—and predict how it will stand up to new demands in the future.
This book will appeal to at students, non-lawyers involved with water issues, and general readers interested in Colorado’s complex water rights law.
"To fully understand this river and its past, one must examine many separate pieces of history scattered throughout two nations--seven states within the United States and two within Mexico--and sort through a large amount of scientific data. One needs to be part hydrologist, geologist, economist, sociologist, anthropologist, and historian to fully understand the entire story. Despite this river's narrow size and meager flow, its tale is very large indeed."
-From the conclusion
The Colorado River is a vital resource to urban and agricultural communities across the Southwest, providing water to 30 million people. Contested Waters tells the river's story-a story of conquest, control, division, and depletion.
Beginning in prehistory and continuing into the present day, Contested Waters focuses on three important and often overlooked aspects of the river's use: the role of western water law in its over-allocation, the complexity of power relationships surrounding the river, and the concept of sustainable use and how it has been either ignored or applied in recent times. It is organized in two parts, the first addresses the chronological history of the river and long-term issues, while the second examines in more detail four specific topics: metropolitan perceptions, American Indian water rights, US-Mexico relations over the river, and water marketing issues. Creating a complete picture of the evolution of this crucial yet over-utilized resource, this comprehensive summary will fascinate anyone interested in the Colorado River or the environmental history of the Southwest.
Located in the heart of England’s Lake District, the placid waters of Thirlmere seem to be the embodiment of pastoral beauty. But under their calm surface lurks the legacy of a nineteenth-century conflict that pitted industrial progress against natural conservation—and helped launch the environmental movement as we know it. Purchased by the city of Manchester in the 1870s, Thirlmere was dammed and converted into a reservoir, its water piped one hundred miles south to the burgeoning industrial city and its workforce. This feat of civil engineering—and of natural resource diversion—inspired one of the first environmental struggles of modern times. The Dawn of Green re-creates the battle for Thirlmere and the clashes between conservationists who wished to preserve the lake and developers eager to supply the needs of a growing urban population. Bringing to vivid life the colorful and strong-minded characters who populated both sides of the debate, noted historian Harriet Ritvo revisits notions of the natural promulgated by romantic poets, recreationists, resource managers, and industrial developers to establish Thirlmere as the template for subsequent—and continuing—environmental struggles.
Among all natural resource and environmental problems between the United States and Mexico, water has been the most troublesome, with ongoing historic contests over water supply becoming superseded by new controversies over water quality. Divided Waters analyzes the politics of water management along the U.S.-Mexico border, using the case of Nogales, Arizona and Nogales, Sonora as a window on the problems and possibilities involved. The authors explore the water problems that Ambos Nogales shares with larger border communities—surface and groundwater contamination, inadequate and insecure supplies, inequitable distribution of resources, flooding, and endangered riparian habitats—considering both the physical characteristics of the water supply and the coping mechanisms of the people who make use of it. They review the prevailing confusion of laws, administrative practices, and political incentives, then recommend the design elements they believe must be included before successful improvements can occur at both the institutional and the resource management levels.
This book is an account of how water rights were designed as a key part of the state’s largest public water system, the Central Valley Project. Along sixty miles of the San Joaquin River, from Gustine to Mendota, four corporate entities called “exchange contractors” retain paramount water rights to the river. Their rights descend from the days of the Miller & Lux Cattle Company, which amassed an empire of land and water from the 1850s through the 1920s and protected these assets through business deals and prolific litigation. Miller & Lux’s dominance of the river relied on what many in the San Joaquin Valley regarded as wasteful irrigation practices and unreasonable water usage. Economic and political power in California’s present water system was born of this monopoly on water control. Stroshane tells how drought and legal conflict shaped statewide economic development and how the grand bargain of a San Joaquin River water exchange was struck from this monopoly legacy, setting the stage for future water wars. His analysis will appeal to readers interested in environmental studies and public policy.
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.
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
Based on fieldwork among state officials, NGOs, politicians, and activists in Costa Rica and Brazil, A Future History of Water traces the unspectacular work necessary to make water access a human right and a human right something different from a commodity. Andrea Ballestero shows how these ephemeral distinctions are made through four technolegal devices—formula, index, list and pact. She argues that what is at stake in these devices is not the making of a distinct future but what counts as the future in the first place. A Future History of Water is an ethnographically rich and conceptually charged journey into ant-filled water meters, fantastical water taxonomies, promises captured on slips of paper, and statistical maneuvers that dissolve the human of human rights. Ultimately, Ballestero demonstrates what happens when instead of trying to fix its meaning, we make water’s changing form the precondition of our analyses.
"Gardens and Neighbors will provide an important building block in the growing body of literature on the ways that Roman law, Roman society, and the economic concerns of the Romans jointly functioned in the real world."
---Michael Peachin, New York University
As is increasingly true today, fresh water in ancient Italy was a limited resource, made all the more precious by the Roman world's reliance on agriculture as its primary source of wealth. From estate to estate, the availability of water varied, in many cases forcing farmers in need of access to resort to the law. In Gardens and Neighbors: Private Water Rights in Roman Italy, Cynthia Bannon explores the uses of the law in controlling local water supplies. She investigates numerous issues critical to rural communities and the Roman economy. Her examination of the relationship between farmers and the land helps draw out an understanding of Roman attitudes toward the exploitation and conservation of natural resources and builds an understanding of law in daily Roman life.
An editor of the series Law and Society in the Ancient World, Cynthia Jordan Bannon is also Associate Professor of Classical Studies at Indiana University, Bloomington. Her previous book was The Brothers of Romulus: Fraternal Pietas in Roman Law, Literature, and Society (1997). Visit the author's website: http://www.iub.edu/~classics/faculty/bannon.shtml.
Fresh water has become scarce and will become even more so in the coming years, as continued population growth places ever greater demands on the supply of fresh water. At the same time, options for increasing that supply look to be ever more limited. No longer can we rely on technological solutions to meet growing demand. What we need is better management of the available water supply to ensure it goes further toward meeting basic human needs. But better management requires that we both understand the history underlying our current water regulation regime and think seriously about what changes to the law could be beneficial.
For Golden Rules, Mark Kanazawa draws on previously untapped historical sources to trace the emergence of the current framework for resolving water-rights issues to California in the 1850s, when Gold Rush miners flooded the newly formed state. The need to circumscribe water use on private property in support of broader societal objectives brought to light a number of fundamental issues about how water rights ought to be defined and enforced through a system of laws. Many of these issues reverberate in today’s contentious debates about the relative merits of government and market regulation. By understanding how these laws developed across California’s mining camps and common-law courts, we can also gain a better sense of the challenges associated with adopting new property-rights regimes in the twenty-first century.
Indian Water in the New West
Thomas R. McGuire University of Arizona Press, 1993 Library of Congress KIE540.I55 1993 | Dewey Decimal 346.730432
Brings together the views of engineers, lawyers, ecologists, economists, professional mediators, federal officials, an anthropologist, and a Native American tribal leader--all either students of these processes or protagonists in them--to discuss how the legitimate claims of both Indians and non-Indians to scarce water in the West are being settled.
Water management plays an increasingly critical role in national and international policy agendas. Growing scarcity, overuse, and pollution, combined with burgeoning demand, have made socio-political and economic conflicts almost unavoidable. Proposals to address water shortages are usually based on two key assumptions: (1) water is a commodity that can be bought and sold and (2) “states,” or other centralized entities, should control access to water.
Liquid Relations criticizes these assumptions from a socio-legal perspective. Eleven case studies examine laws, distribution, and irrigation in regions around the world, including the United States, Nepal, Indonesia, Chile, Ecuador, India, and South Africa. In each case, problems are shown to be both ecological and human-made. The essays also consider the ways that gender, ethnicity, and class differences influence water rights and control.
In the concluding chapter, the editors draw on the essays’ findings to offer an alternative approach to water rights and water governance issues. By showing how issues like water scarcity and competition are embedded in specific resource use and management histories, this volume highlights the need for analyses and solutions that are context-specific rather than universal.
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 ways—not 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 reservations—or, 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 approaches—from personal testimony to traditional social science methodology—to 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.
Water conflicts plague every river in the West, with the thorniest dilemmas found in the many basins with Indian reservations and reserved water rights—rights usually senior to all others in over-appropriated rivers. Negotiations and litigation over tribal water rights shape the future of both Indian and non-Indian communities throughout the region, and intense competition for limited water supplies has increased pressure to address tribal water claims.
Much has been written about Indian water rights; for the many tribal and non-Indian stakeholders who rely upon western water, this book now offers practical guidance on how to negotiate them. By providing a comprehensive synthesis of western water issues, tribal water disputes, and alternative approaches to dispute resolution, it offers a valuable sourcebook for all—tribal councils, legislators, water professionals, attorneys—who need a basic understanding of the complexities of the situation.
The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases.
As stakeholders continue to battle over rights to water, this book clearly addresses the place of Native rights in the conflict. Negotiating Tribal Water Rights offers an unsurpassed introduction to the ongoing challenges these claims present to western water management while demonstrating the innovative approaches that states, tribes, and the federal government have taken to fulfill them while mitigating harm to both non-Indians and the environment.
In 1949, renowned journalist A. J. Liebling came to Reno to obtain a divorce, which required that he establish residency in Nevada for a period of six weeks. Liebling stayed at a guest ranch on the shores of Pyramid Lake. While there, his reporter’s curiosity was engaged by a bitter dispute raging between the Paiutes and non-Indian squatters who were claiming the most agriculturally productive lands of the reservation and the waters feeding the lake that was the economic and spiritual heart of the Paiutes’ ancient culture.
Liebling recorded the litigation over the fate of the Pyramid Lake Reservation lands in a series of articles published in The New Yorker in 1955. Reprinted here in their entirety, the essays discuss the affair in detail, following it from the shores of the lake to the halls of Congress, and introducing readers to the colorful world of 1950s Nevada. This is a valuable record of one of Nevada’s most enduring and significant debates over the uses of the land and the precious water that nourishes it. Introduction by Elmer R. Rusco.
Reserved Water Rights Settlement Manual
Peter W. Sly; Western Office of Council of State Governments Western LegislativeConference Island Press, 1989 Library of Congress KF8210.N37S58 1988 | Dewey Decimal 346.730432
Reserved Water Rights Settlement Manual provides a negotiating process for settling water disputes between states and reservations, or among states themselves.
The movement to implement market-based approaches to allocating water is gaining ground across California and in other western states. Proponents argue that markets offer an efficient and cost-effective means of promoting conservation -- those who need water would pay for it on the open market, while others would conserve rather than pay increased prices.Rivers of Gold takes a new look at California's water-reallocation challenge. The author explains the concept of water markets and the economic theory undergirding them. He shows how some water markets have worked -- and others have failed -- and gives the reader the analytic tools necessary to understand why. The book: provides an overview of water-supply issues in California compares the situation in California with that of other western states considers the different property rights regimes governing current use and their fit with water market institutions explains how water markets would work and their benefits and drawbacks as an allocation mechanism presents a series of case studies of water markets currently in effect in California offers a list of principles for water market designRivers of Gold offers a balanced understanding of both the role that markets can play in reallocating water and the limitations of the market mechanism. In the end, the author offers a comprehensive assessment of the institutional design features that any water market should incorporate if it is to reallocate water effectively, in California or in any other region where water is scarce.Rivers of Gold is the first book to provide a detailed examination of water markets and the institutional design issues associated with them. It is the only book available that presents in-depth case studies of actual water-market transactions, and will be essential reading for water resource professionals and resource economists, as well as for students and scholars of environmental policy, environmental economics, and resource economics.
By 1850 the Pima Indians of central Arizona had developed a strong and sustainable agricultural economy based on irrigation. As David H. DeJong demonstrates, the Pima were an economic force in the mid-nineteenth century middle Gila River valley, producing food and fiber crops for western military expeditions and immigrants. Moreover, crops from their fields provided an additional source of food for the Mexican military presidio in Tucson, as well as the U.S. mining districts centered near Prescott. For a brief period of about three decades, the Pima were on an equal economic footing with their non-Indian neighbors.
This economic vitality did not last, however. As immigrants settled upstream from the Pima villages, they deprived the Indians of the water they needed to sustain their economy. DeJong traces federal, territorial, and state policies that ignored Pima water rights even though some policies appeared to encourage Indian agriculture. This is a particularly egregious example of a common story in the West: the flagrant local rejection of Supreme Court rulings that protected Indian water rights. With plentiful maps, tables, and illustrations, DeJong demonstrates that maintaining the spreading farms and growing towns of the increasingly white population led Congress and other government agencies to willfully deny Pimas their water rights.
Had their rights been protected, DeJong argues, Pimas would have had an economy rivaling the local and national economies of the time. Instead of succeeding, the Pima were reduced to cycles of poverty, their lives destroyed by greed and disrespect for the law, as well as legal decisions made for personal gain.
Nearly fifty years ago, the Bureau of Reclamation proposed building a dam at the confluence of two rivers in Central Arizona. While the dam would bring valuable water to this arid plain, it would also destroy a wildlife habitat, flood archaeological sites, and force the Yavapai Indians off their ancestral home. The Struggle for Water is not only the fascinating story of this controversial and ultimately thwarted public works project but also a study of rationality as a cultural, organizational, and political construct.
In the 1970s, the three groups most intimately involved in the Orme Dam—younger Bureau of Reclamation employees committed to "rational choice" decision making, older Bureau engineers committed to the dam, and the Yavapai community—all found themselves and their values transformed by their struggles. Wendy Nelson Espeland lays bare the relations between interests and identities that emerged during the conflict, creating a contemporary tale of power and colonization, bureaucracies and democratic practice, that asks the crucial question of what it means to be "rational."
The settlement of Indian water rights cases remains one of the thorniest legal issues in this country, particularly in the West. In a previous book, Negotiating Tribal Water Rights, Colby, Thorson, and Britton presented a general overview of the processes involved in settling such cases; this volume provides more in-depth treatment of the many complex issues that arise in negotiating and implementing Indian water rights settlements. Tribal Water Rights brings together practicing attorneys and leading scholars in the fields of law, economics, public policy, and conflict resolution to examine issues that continue to confront the settlement of tribal claims. With coverage ranging from the differences between surface water and groundwater disputes to the distinctive nature of Pueblo claims, and from allotment-related problems to the effects of the Endangered Species Act on water conflicts, the book presents the legal aspects of tribal water rights and negotiations along with historical perspectives on their evolution.
Trusteeship in Change explores the evolution of Indian Affairs policies and administrative practices regarding the management of trust lands from treaty days to contemporary partnerships. A dozen scholars from diverse fields - archaeology, economics, forestry, environmental studies, history, geography, political science, and more - review past policies and practices and introduce new ideas and approaches for the future.
This book also includes case studies focused on wildlife management, forest preservation, tribal hunting laws, and other specific concerns in management, preservation and utilization of Native American land. An excellent source for scholars in the fields of Native American and environmental studies, Trusteeship in Change is sure to spark debate and to be an important reference book for years to come.
Winner of the Asia Society's Bernard Schwartz 2012 Book Award
The battles of yesterday were fought over land. Those of today are over energy. But the battles of tomorrow may be over water. Nowhere is that danger greater than in water-distressed Asia.
Water stress is set to become Asia’s defining crisis of the twenty-first century, creating obstacles to continued rapid economic growth, stoking interstate tensions over shared resources, exacerbating long-time territorial disputes, and imposing further hardships on the poor. Asia is home to many of the world's great rivers and lakes, but its huge population and exploding economic and agricultural demand for water make it the most water-scarce continent on a per capita basis. Many of Asia’s water sources cross national boundaries, and as less and less water is available, international tensions will rise. The potential for conflict is further underscored by China’s unrivaled global status as the source of transboundary river flows to the largest number of countries, ranging from India and Vietnam to Russia and Kazakhstan; yet a fast-rising China has declined to enter into water-sharing or cooperative treaties with these states, even as it taps the resources of international rivers.
Water: Asia’s New Battleground is a pioneering study of Asia’s murky water politics and the relationships between fresh water, peace, and security. In this unique and highly readable book, Brahma Chellaney expertly paints a larger picture of water across Asia, highlights the security implications of resource-linked territorial disputes, and proposes real strategies to avoid conflict and more equitably share Asia’s water resources.
In this timely work, Eric Freyfogle probes the long-simmering struggles in the American West to address water-related problem. The big challenge is to resolve water shortages and meet high-valued water needs while also improving river ecosystems. These water conflicts, he suggests, have less to do with our contentious political differences than they do with longstanding core elements of American culture—inherited, shared ways of understanding our place in nature that no longer make good sense. Particularly troublesome are the ways we fragment it, valuing its parts as discrete commodities. Also at play is our cultural inability to think clearly about how best to draw the line between the legitimate use of nature and the abuse of it.
Building on these cultural critiques, Freyfogle takes up the issue of private property rights, highlighting the longstanding flexibility of this key American institution as well as the moral imperative to ensure that property rights aren’t used in ways that harm communities. Outdated understandings about private property, he concludes, have further confused our understanding and made sensible solutions to water problems even harder to imagine. Water-policy reform won’t happen, Freyfogle argues, until we reconsider how we understand nature and take charge of the institution of ownership, recasting it so as to increase the benefits it generates for everyone. If we can do that, solutions to water troubles could prove easier than we expect. The work concludes with an original, sweeping policy proposal to resolve the West’s water shortages and meet environmental needs in ways fair to all.
This lecture was presented on March 22, 2017, at the 22nd annual symposium sponsored by the Wallace Stegner Center for Land, Resources and the Environment at the S. J. Quinney College of Law, University of Utah.
Having manipulated water for irrigation, energy, and burgeoning urban centers, humans are facing the reality that although fresh water is renewable, it is as finite as any other resource. Countries, states, and cities are now scrambling to develop an intelligent, well-informed approach to mitigate the growing global water crisis. Water Ethics is based on the belief that responding to contemporary water problems requires attending to questions of value and culture. How should we capture, store, and distribute water? At what cost? For whom? How do we reconcile water's dual roles as a practical resource and spiritual symbol?
According to the editors of this collection of foundational essays, questions surrounding water are inherently ethical. Peter Brown and Jeremy Schmidt contend that all approaches to managing water, no matter how grounded in empirical data, involve value judgments and cultural assumptions. Each of the six sections of the book discuses a different approach to thinking about the relationship between water and humanity, from utilitarianism to eco-feminism to religious beliefs, including Islam, Hinduism, and Christianity. Contributors range from Bartholemew, Ecumenical Patriarch of the Orthodox Church to Nobel Laureate economist Elinor Ostrom and water policy expert Sandra Postel. Each section is framed by an original introductory essay written by the editors. Water Ethics will help readers understand how various moral perspectives, even when unstated, have guided and will continue to guide water policy around the globe.
When Spanish conquistadores marched north from Mexico's interior, they encountered one harsh reality that eclipsed all others: the importance of water in an arid land. Covering a time when legal precedents were being set for many water rights laws, this study contributes much to an understanding of the modern Southwest, especially disputes involving Indian water rights. The paperback edition includes a new afterword by the author which discusses the results of recent research.
When we think of water in the West, we think of conflict and crisis. In recent years, newspaper headlines have screamed, “Scarce water and the death of California farms,” “The Dust Bowl returns,” “A ‘megadrought’ will grip U.S. in the coming decades.” Yet similar stories have been appearing for decades and the taps continue to flow. John Fleck argues that the talk of impending doom is not only untrue, but dangerous. When people get scared, they fight for the last drop of water; but when they actually have less, they use less.
Having covered environmental issues in the West for a quarter century, Fleck would be the last writer to discount the serious problems posed by a dwindling Colorado River. But in that time, Fleck has also seen people in the Colorado River Basin come together, conserve, and share the water that is available. Western communities, whether farmers and city-dwellers or US environmentalists and Mexican water managers, have a promising record of cooperation, a record often obscured by the crisis narrative.
In this fresh take on western water, Fleck brings to light the true history of collaboration and examines the bonds currently being forged to solve the Basin’s most dire threats. Rather than perpetuate the myth “Whiskey's for drinkin', water's for fightin' over," Fleck urges readers to embrace a new, more optimistic narrative—a future where the Colorado continues to flow.
In the drought summer of 2001, a simmering conflict between agricultural and environmental interests in southern Oregon’s Upper Klamath Basin turned into a guerrilla war of protests, vandalism, and apocalyptic rhetoric when the federal Bureau of Reclamation shut down the headgates of the Klamath Project to conserve water needed by endangered species. This was the first time in U.S. history that the headgates of a federal irrigation project were closed—and irrigators denied the use of their state water rights—in favor of conservation. Farmers mounted a brief rebellion to keep the water flowing, but ultimately conceded defeat.
In Water War in the Klamath Basin, legal scholars Holly Doremus and A. Dan Tarlock examine the genesis of the crisis and its fallout, offering a comprehensive review of the event, the history leading up to it, and the lessons it holds for anyone seeking to understand conflicts over water use in the arid West. The authors focus primarily on the legal institutions that contributed to the conflict—what they call “the accretion of unintegrated resource management and environmental laws” that make environmental protection so challenging, especially in politically divided regions with a long-standing history of entitlement-based resource allocation.
Water War in the Klamath Basin explores common elements fundamental to natural resource conflicts that must be overcome if conflicts are to be resolved. It is a fascinating look at a topic of importance for anyone concerned with the management, use, and conservation of increasingly limited natural resources.
Colorado Congressman Wayne N. Aspinall was variously dubbed the "Ruler of the Land," a "bridge between the old and new Wests," and the environmental movement's "most durable foe." The late David Brower, the notable Sierra Club leader, remarked that the environmental movement had seen "dream after dream dashed on the stony continents of Wayne Aspinall."
In Wayne Aspinall and the Shaping of the American West, Steven C. Schulte details a political career that encompassed some of the most crucial years in the development of the twentieth-century West. As chairman of the House Interior and Insular Affairs Committee from 1959 to 1973, Aspinall shaped the nation's reclamation, land, wilderness, and natural resource policies. His crusty and dtermined personality was at the enter of some of the key environmental battles of the twentieth century, including the Echo Park Dam fight, the struggle for the Wilderness Act, and the long controversy over the Central Arizona Project.