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A platform for research: civil engineering, architecture and urbanism
Compact Must Precede Water Rights Negotiation
In 1984, Frank Pope, a nontribal member who owned land on an Indian reservation, applied to the Montana Department of Natural Resources and Conservation Department (DNRC) for a permit to change the point of diversion and place of use of a portion of his existing water right. Afterwards, three other applicants applied for permits. The Indian tribes filed objections to all of the applications. The trial court affirmed the DNRC's jurisdiction to regulate any surplus water on the reservation. The appellate court ruled that the DNRC had no authority to grant water use permits on the reservation until the tribe's rights are quantified by a compact negotiation pursuant to Montana law or by a general water rights adjudication.
Compact Must Precede Water Rights Negotiation
In 1984, Frank Pope, a nontribal member who owned land on an Indian reservation, applied to the Montana Department of Natural Resources and Conservation Department (DNRC) for a permit to change the point of diversion and place of use of a portion of his existing water right. Afterwards, three other applicants applied for permits. The Indian tribes filed objections to all of the applications. The trial court affirmed the DNRC's jurisdiction to regulate any surplus water on the reservation. The appellate court ruled that the DNRC had no authority to grant water use permits on the reservation until the tribe's rights are quantified by a compact negotiation pursuant to Montana law or by a general water rights adjudication.
Compact Must Precede Water Rights Negotiation
1997-05-01
1 pages
Article (Journal)
Electronic Resource
English
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