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Negotiated sovereignty: intergovernmental agreements with American Indian tribes as models for expanding self-government
"This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states..The author suggests that these intergovernmental agreements in the United States provide a useful model to resolve lingering issues, effect practical solutions and expand First Nations self-government in Canada.", Article contained in the Vol. 1, no. 1 issue of Review of constitutional studies
From Askhabad, to Wellton-Mohawk, to Los Angeles : the drought in water policy
Article published in the Spring, 1993 issue of the University of Colorado Law Review., Article contained in the Vol. 64, no. 2 (Spring 1993) issue of the University of Colorado law review
Foreword: the challenge of Rio
Article is the Foreword to the Winter, 1993 issue of the Colorado Journal of International Environmental Law and Policy., Article is the Foreword for the Vol. 4, no. 1 (Winter 1993) issue of the Colorado journal of international environmental law and policy
Water reform: ideas whose time has come
Article published in the Winter, 1993 issue of Water Resources Update., Article contained in issue no. 90 (Winter 1993) of Water Resources Update
American Indian law deskbook : Conference of Western Attorneys General (1993)
Book review published in the Summer, 1994 issue of the Western Historical Quarterly., Book review article contained in the Vol. 25, no. 2 (Summer 1994) issue of the Western historical quarterly
Conquering the cultural frontier : the new subjectivism of the Supreme Court in Indian law
This is Getches' most-cited article on Indian law. In it he asserts that "the [Supreme] Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what the Indian jurisdictional situation ought to be. This new subjectivist approach...severs tribal sovereignty from its historical moorings, leaving lower courts without principled, comprehensible guidance.", Article contained in the Vol. 84, no. 6 (Dec. 1996) issue of the California law review
Changing the river's course: western water policy reform
"Professor Getches concludes that traditional instruments of water policy in the West--the beneficial use requirement of the prior appropriation doctrine, the water projects that harnessed the river in the first place, and the historically unfulfilled ideal of watershed management--can be reformed and redirected to address many of the problems the river has suffered.", Article contained in the Vol. 26, no. 1 (Spring 1996) issue of Environmental law
Law [Natural Resources Defense Council]
Article published in the Winter, 1996 issue of the Amicus Journal., Article contained in the Vol. 17, no. 4 (Winter 1996) issue of the Amicus journal
Colorado River governance: sharing federal authority as an incentive to create a new institution
Article published in the Summer, 1997 issue of the University of Colorado Law Review., Article contained in the Vol. 68, no. 3 (Summer 1997) issue of the University of Colorado law review
Dedication to Professor Ralph W. Johnson
Dedication to University of Washington law professor Ralph W. Johnson published in the October, 1997 issue of the Washington Law Review., Article contained in the Vol. 72, no. 4 (Oct. 1997) issue of the Washington law review
La gouvernance de bassin-versant : des limites naturelles pour des décisions relatives aux ressources naturelles
Article written in French and published in a 1999 issue of Espaces et Sociétés journal., Article contained in Vol. 97-98 of Espaces et Sociétés
Dedication: Professor Albert E. Utton (1931-1998) [University of New Mexico Law School]
Dedication to University of New Mexico law professor Albert E. Utton published in the Winter, 1990 issue of the Colorado Journal of International Environmental Law and Policy., Article contained in the Vol. 10, no. 1 (Winter 1999) issue of the Colorado journal of international environmental law and policy
Beyond Indian law: the Rehnquist court's pursuit of states' rights, color-blind justice and mainstream values
Article published in the December, 2001 issue of the Minnesota Law Review., Article contained in the Vol. 86, no. 2 (Dec. 2001) issue of the Minnesota law review
The metamorphosis of western water policy : have federal laws and local decisions eclipsed the states' role?
This influential article reviews the history of western water law and the "myth" of federal deference to state control, the movement in the 1980s and 1990s to reform the law, and the future of state policy initiatives in an era of growing demand and competition for water., Article contained in the Vol. 20, no. 1 (Jan. 2001) issue of the Stanford environmental law journal
The unsettling of the West: how Indians got the best water rights
Michigan Law Review essay published in May, 2001 reviewing John Shurts' 2000 book, Indian Reserved Water Rights: The Winters Doctrine in its Social and Legal Context, 1880s-1930s., Book review contained in the Vol. 99, no. 6 (May 2001) issue of the Michigan law review
Rulings of the U.S. Supreme Court as they affect the powers and authorities of the Indian tribal governments : hearing before the Committee on Indian Affairs, United States Senate, One Hundred Seventh Congress, second session on concerns of recent decisio
Hearing before the U.S. Senate Committee on Indian Affairs held on Feb. 27, 2002 regarding "concerns of recent decisions of the U.S. Supreme Court and the future of Indian tribal governments in America" (statement of David Getches, professor, pp. 4-10, 55-85).
Water management in the United States and the fate of the Colorado River Delta in Mexico
Article published in the Spring, 2003 issue of the United States-Mexico Law Journal., Article contained in the Vol. 11 (Spring 2003) issue of the United States-Mexico Law Journal
Water wrongs: why can't we get it right the first time?
Article published in the Winter, 2004 issue of Environmental Law., Article contained in the Vol. 34, no. 1 (Winter 2004) issue of Environmental law
A tradition of scholarship in natural resources law
Introduction to the Natural Resources Issue of the University of Colorado Law Review, Vol. 75, No. 2 (Winter 2004)., Article contained in the Vol. 75, no. 2 (Winter 2004) issue of the University of Colorado Law Review
Indigenous peoples' rights to water under international norms
In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, the author focuses on the potential for asserting claims under international law, the primary source of protection where domestic law is lacking or non-existent. In a thorough assessment of the sources of law and types of water rights claims that can be made under international law, the author identifies six types of rights that exemplify ways in which claims can be framed and the various international law instruments and norms that can serve as the basis for those claims. However, because these claims are large and complex in nature, the assistance of lawyers and experts in international law is vital to efforts to advance the development of international law as an instrument for protecting indigenous water rights., Article contained in the Vol. 16, no. 2 (Spring 2005) issue of the Colorado journal of international environmental law and policy.

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