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.

These essays represent a reinterpretation of the American West in terms of the issues and subjects of late 20th century America. The emphasis is on younger scholars. The result is a basic book on the state and direction of Western history.

Much has been written about legal questions surrounding Indian water rights; this book now places them in the political framework that also includes water development. McCool analyzes the two conflicting doctrines relating to water use—one based on federal case law governing the rights of Indians on reservations, the other sanctioned by legislation and applied to non-Indians—based on the "iron triangles" of bureaucrats, legislators, and interest groups that dominate policy issues. He examines the way federal and BIA water development programs have reacted to conflict, competition, and opportunity from the turn of the century to the 1980s and updates the situation in an introduction written for this edition.

Economic developments in irrigation, agriculture, and hydroelectric power generation in western Canada at the turn of the last century challenged the way Native peoples had traditionally managed the watershed environment. Facing rapidly expanding provincial and federal power as well as private industries, Native peoples saw opportunities to protect their self-governing rights and explore reserve-based economy. Through a combination of field work and archival research, Kenichi Matsui offers an original and pioneering overview of the evolution of water law and agricultural policies in the Canadian west. By incorporating the history of water law philosophies, water development technologies, agricultural policies, and cross-cultural theories, Matsui constructs an interdisciplinary analysis of how both Native peoples and non-native stakeholders struggled for better rights and livelihood through litigation, political campaigns, and direct actions. The dramatic stories of early cultural, legal, and political conflict in interior British Columbia and Alberta featured in Native Peoples and Water Rights enrich our understanding of current Native rights disputes throughout North America.

NOTE: NO FURTHER DISCOUNT FOR THIS PRODUCT- OVERSTOCK SALE Significantly reduced list price The second volume of the history of the Bureau of Reclamation offers a discussion and examination of the eventful years in the latter part ofthe twentieth century. Volume two covers from the end of World War II through year 2000 and is the last volume in this project. "

This volume presents six major issues that have been divisive in and out of the Native American community. Readers will learn about the varied cultural, political, social, and economic dimensions of contemporary Native America and will be prompted to consider the complexity and complications of ethnic and cultural diversity in the United States. Where do you stand on the issue of sports teams named after Native Americans? Are tribal claims on ancestral remains and sacred objects in museums valid? The contemporary issues that Native Americans struggle with are critical concerns for all Americans. This volume presents six major issues that have been divisive in and out of the Native American community. Readers will learn about the varied cultural, political, social, and economic dimensions of contemporary Native America and will be prompted to consider the complexity and complications of ethnic and cultural diversity in the United States. Readers will ponder the very foundations of the United States and the rights of its original inhabitants' descendants. The range of issues encompasses Native Americans throughout the country, from the Mashpee Wampanoags of Massachusetts to Pacific Northwest tribes. This book incorporates views from a wide variety of sources, including newspaper op-eds, Supreme Court rulings, and more. A resource guide complementing each chapter includes an extensive listing of suggested reading plus videos/film, Web sites, and organizations.

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.

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