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In the American West, water adjudication lawsuits are adversarial, expensive, and lengthy. Unsettled Waters is the first detailed study of water adjudications in New Mexico. The state envisioned adjudication as a straightforward accounting of water rights as private property. However, adjudication resurfaced tensions and created conflicts among water sovereigns at multiple scales. Based on more than ten years of fieldwork, this book tells a fascinating story of resistance involving communal water cultures, Native rights and cleaved identities, clashing experts, and unintended outcomes. Whether the state can alter adjudications to meet the water demands in the twenty-first century will have serious consequences.
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.
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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.
Considers legislation to authorize adjudication of suits against and on behalf of the Federal Government in State courts.