Reserved Water Rights Settlement Manual

259 Pages Indexed. A very good condition book with maroon boards and silver spine lettering. Interior text pages are bright, tight, and white. Since the establishment of Indian and other federal reservations, two separate systems of water rights have emerged in the water-scarce West. These two systems, one federal and the other state, have resulted in water rights disputes leading to lengthy and expensive litigation. This manual, the result of a comprehensive study by the Conference of Western Attorneys General, attempts to make it easier to achieve negotiated settlements as an alternative to litigation. The Reserved Water Rights Settlement Manual begins by outlining the history of these two systems. The federal system of reserved water rights was created by the courts to protect water rights on federal reservations. Conflicts develop because federal reserved water rights do not depend on continuous use, and it is not clear how much water is reserved for each reservation until the courts clarify the scope of the right. Under the state system, however, water is quantified based on continuous use; state rights can be affected if all federal reserved rights are put to actual use. The study compiles recent experience in settlement efforts between tribal, state, and federal governments. It provides each party with the information they should have in an effort to assist the settlement process. The study is directed toward the negotiating process itself, and the roles of the three governments in combining these two inconsistent systems.…