Books:
Boxberger, Daniel L. To Fish in Common: the Ethnohistory of Lummi Indian Salmon Fishing. Lincoln: University of Nebraska Press, 1989.
This is an examination of the past 150 years of Lummi Indian history. Boxberger uses a variety of sources, including oral histories, to document the political and economic challenges faced by the Indian fishing community.
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Brown, F. Lee and Helen M. Ingram. Water and Poverty in the Southwest. Tucson: University of Arizona Press, 1987.
The two authors explore the relationship between poverty and water in the southwest, specifically focusing on the rural poor. Using case studies that focus on rural Hispanic and Native American farmers, the authors illustrate the emotional and psychological impact that water has on rural farming communities.
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Burton, Lloyd. American Indian Water Rights and the Limits of Law. Lawrence: University of Kansas, 1991.
This is an examination of the history of Indian water rights since the precedent setting 1908 Supreme Court Winters decision. Burton also analyzes the way, at the time of the book’s publication, water cases were being managed, as well as comes up with detailed policy suggestions to help smooth the way for future water claims cases.
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Checchio, Elizabeth and Bonnie G. Colby. Indian Water Rights: Negotiating the Future. Tucson: Water Resources Research Center, University of Arizona, 1993.
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Cohen, Fay G. Treaties on Trial: the continuing controversy over Northwest Indian Fishing Rights. Seattle: University of Washington Press, 1986.
Treaties on Trial is a history of the continued controversy surrounding Indian fishing rights in the northwest United States. Fay covers the years 1970 to 1984, covering the 1974 Boldt decision, which recognized and reaffirmed Indian fishing rights established in the Northwest treaties signed in the 1850s. Based on more than one hundred interviews, Treaties on Trial is a well-sourced history that demonstrates the continuing difficulties associated with Indians reclaiming resource-based rights.
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Doherty, Robert. Disputed Waters: Native Americans and the Great Lakes Fishery. Lexington: University Press of Kentucky, 1990.
Doherty’s study is a public policy history of the controversy involving the State of Michigan and the Chippewa and Ottawa Indian’s fishing rights. The author traces the history of the Indians’ lost fishing rights back to the 1830s when the American Fur Company came on scene and through to the twentieth century when, in the 1950s, a federal court case allowed the Indians to reclaim their fishing rights. The history continues to the mid-1980s when the tribes and the State of Michigan came to a compromise on fishing rights.
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DuMars, Charles, et al. Pueblo Indian Water Rights: Struggle for a precious resource. Tucson: University Arizona Press, 1984.
This is a text book put together by three New Mexican lawyers, which examines the lawsuit brought forward by four Pueblo Indian villages to reaffirm their rights to irrigable water. The history of the Indians’ water rights is traced back to the period before Spanish colonized the region. This text sheds light on the origins of water appropriation in the Southwest.
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Folk-Williams, John A. What Indian Water Means to the West: A Source. Santa Fe: Western Network, 1982.
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Foreman, Richard L. Indian Water Rights: A Public Policy and Administrative Mess. Danville: Interstate Printers & Publishers, 1981.
Foreman examines the legacy of the Federal government’s failure to define “Indian Water Rights.” The author studies the problems associated with poorly defined water rights and calls for control of water rights to be given completely over to the state governments. In scholarly journals this book was not well reviewed by other authorities on Indian Water Rights, mainly due to the author’s lack of perceived knowledge of secondary sources.
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Gordon-McCutchan, R.C. The Taos Indians and the Battle for Blue Lake. Santa Fe: Red Crane Books, 1991.
This is a history of the Taos Pueblo Indians’ fight to regain their legal rights to Blue Lake in Northern New Mexico. Blue Lake, which the U.S. took as government land in 1906, is the focal point of the Taos Indians’ religion. The book chronicles the decades long legal battle between the Taos Indians and the U.S. government before the lake was returned to the Indians in 1970.
Grinde, Donald A. Ecocide of Native America: Environmental Destruction of Indian Lands and Peoples. Santa Fe: Clear Light, 1995.
Grinde looks at the environmental and cultural destruction of Native Americans beginning with the initial European colonization of the Americas. Part two of the book examines more recent environmental problems for Indians, including fishing rights and mining on reservations.
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Hare, Jon C. Indian Water Rights: An Analysis of Current and Pending Indian Water Rights Settlements. Washington, D.C.: Bureau of Indian Affairs, and Oakville, Wash.: Confederated Tribes of the Chehalis Reservation, 1996.
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Indian Water Policy in a Changing Environment: Perspectives on Indian Water Rights. Oakland: American Indian Lawyer Training Program, 1982.
Lewis, David Rich. Neither Wolf Nor Dog: American Indians, Environment, and Agrarian Change. New York: Oxford University Press, 1994.
The author examines three different groups of Indians--Northern Utes, Hupas, and Tohono O'odhams--and how they reacted to the 19th century U.S-Indian agrarian policy. Although the three groups are all located in the Western U.S., they each reside in a different physical environment and, therefore, each group responded and adapted differently to the imposed policy. Rich explores why none of the groups managed to establish a successful agricultural economy.
McCool, Daniel. Native Waters: Contemporary Indian Water Settlements and the Second Treaty Era. Tucson: University of Arizona Press, 2002.
McCool explores the U.S. government’s policy shift, which began in the 1980s, that directed tribal water rights disputes toward negotiated settlements rather than lawsuits. The author considers this to be a second treaty era in which decisions will be made that will either reinforce tribes’ sovereign rights to water, or force tribes to relinquish their rights.
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_____. Command of the Waters: Iron Triangles, Federal Water Development, and Indian Water. Berkeley: University of California Press, 1987.
“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.” –From the Publisher
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McGuire, William B. Lord and Mary G. Wallace, ed. Indian Water in the New West. Tucson: University of Arizona Press, 1993.
“This collection of essays on Indian water rights seeks to assess these ongoing processes of conflict and accommodation among competing claimants. It 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.” --From the Publisher
Ruby, Robert H and John A. Brown. Dreamer-Prophets of the Columbia Plateau: Smohalla and Skolaskin. Norman: University of Oklahoma Press, 1989.
Dreamer-Prophets tells the story of two late nineteenth century prophets, Smohalla of the Wanapam tribe and Skolaskin of the Sanpoils tribe, each demonstrating a different prophesized reaction to the encroachment of Euro-Americans. The book is a mixture of biographical, historical, and anthropological information, with emphasis placed on the biographical. The two authors set the experience and actions of the two prophets against a background of other similar movements in Indian history.
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Shurts, John. Indian Reserved Water Rights: the Winters Doctrine in its social and legal context, 1880s-1930s. Norman: University of Oklahoma Press, 2000.
This is a historical account of the 1908 Supreme Court “Winters v. the United States” case, which became the precedent setting case for Indian water rights cases. Shurts closely studies the impact of the Court’s decision on the Gros Ventre and Assiniboine Indian tribes, whom the case directly concerned; he also examines the impact it made on the Ute Indians of the Uintah Reservation, who were also involved in water litigation shortly after the “Winters” decision was made.
Sourcebook on Indian Water Settlements: August 1989. Oakland: American Indian Resources Institute, 1989.
Articles and Chapters
Abrams, Robert H. “Reserved Water Rights, Indian Rights and the narrowing Scope of Federal Jurisdiction: The Colorado River decision.” Stanford Law Review30 (July 1978): 1111-48.
This detailed article explores the implications of the 1976 Supreme Court Colorado River decision, which established state courts as the primary forum for adjudicating all water rights. The article is broken down into five parts; part one traces the development of the federal-state water law relations up to that point (1978); part two examines the jurisdictional implications of the Colorado River decision; part three and four explain the problems of having states solely in control of water rights claims; and part four also examines the special status of American Indians in water rights claims.
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Back, William D., and Jeffrey S. Taylor. “Navajo Water Rights: Pulling the Plug on the Colorado River?” Natural Resources Journal20 (January 1980): 71-90. |
Bond Frank M. “Indian Reserved Water Rights Doctrine Expanded.” Natural Resources Journal23 (January 1983): 205-12.
Brown, F. Lee and Helen M. Ingram. "The Community Value of Water." Journal of the Southwest 29 (Summer 1987). |
Chambers, Reid P. “Indian Water Rights after the WyomingDecision.” Harvard Indian Law Symposium(1989): 153-63.
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_____ and John E. Echohawk. “Implementing the WintersDoctrine of Indian Reserved Water Rights: Producing Indian Water and Economic Development without Injuring Non-Indian Water User?” Gonzaga Law Review 27 (Spring 1992): 447-70.
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Costco, Rupert. “Indian Water Rights: A Survival Issues.” Indian Historian5 (Fall 1972): 4-6.
Dellwo, Robert D. “Recent Developments in the Northwest Regarding Indian Water Rights.” Natural Resources Journal20 (January 1980): 101-20. |
Feldman, Stephen M. “the Supreme Court’s New Sovereign Immunity Doctrine and the McCarran Amendment: toward Ending State Adjudication of Indian Water Rights.” Harvard Environmental Law Review 18 (Summer 1994): 433-88.
Getches, David H. “Water Rights on Indian Allotments.” South Dakota Law Review26 (Summer 1981): 405-33. |
Guerrero, Mirianna. "American Indian Water Rights: The Blood of Life in Native North America." In M. Annette Jaimes, ed., The State of Native America: Genocide, Colonization, and Resistance. Boston: South End Press, 1992.
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Hundley, Norris, Jr. “The Dark and Bloody Ground of Indian Water Rights: Confusion Elevated to Principle.” Western Historical Quarterly9 (October 1979): 454-82.
In this pivotal article on Indian water rights, Norris Hundley Jr. asks the question: What is an adequate supply of water and how does an Indian justify his right to it? Hundley gives historical perspective to the disputes over water rights and explores the larger developments that came to form Indian water law.
_____. "The Aboriginal Waterscape: Manipulation and Near Harmony." In The Great Thirst: Californians and Water. Berkeley: University of California Press, 1992. |
Kirk, Peggy Sue. “Cowboys, Indians, and Reserved Water Rights: May a State Court Limit How Indians Use Their Water?” Land and Water Law Review28 (Summer 1993): 467-88.
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McGovern, Gina. “Settlement and Adjudication: Resolving Indian Reserved Rights.” Arizona Law Review36 (Spring 1994): 195-222.
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Membring, Joseph. “Indian Reserved Water Rights, Federalism, and Trust Responsibility.” Land and Water Law Review27 (Summer 1992): 1-31. |
Nelson, Michael. The Winters Doctrine: Seventy Years of Application of "Reserved" Water Rights to Indian Reservations. Arid Lands Resource Information Paper No. 9. University of Arizona, Office of Arid Lands Studies, Tucson, AZ, 1977.
One of the best compendia of Indian water rights cases.
Whiteley, Peter. "Paavahu and Paanaqawu: The Wellsprings of Life and the Slurry of Death." Cultural Survival Quarterly 19 (4), Winter 1996: 40-45. |
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Wallace, Mary B. “The Supreme Court and Indian Water Rights.” In American Indian Policy in the Twentieth Century, edited by Vine Deloria, Jr., 197-220. Norman: University of Oklahoma Press, 1985. |
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Compiled by: Elise Boxer
Annotated by: Phillip Cody Marshall
Web Update:
Monday, January 28, 2008 4:37 PM
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