Article published in the Fall, 1973 issue of the UCLA-Alaska Law Review. Article contained in the Vol. 3, no. 1 (Fall 1973) issue of UCLA-Alaska law re Show moreArticle published in the Fall, 1973 issue of the UCLA-Alaska Law Review. Article contained in the Vol. 3, no. 1 (Fall 1973) issue of UCLA-Alaska law review Show less
Article is the Foreword to the Winter, 1993 issue of the Colorado Journal of International Environmental Law and Policy. Article is the Foreword for th Show moreArticle 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 Show less
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 th Show moreArticle 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 Show less
Article published in the Winter, 1988 issue of the University of Colorado Law Review. Article contained in Vol. 58, no. 4 (Winter 1988) issue of the Un Show moreArticle published in the Winter, 1988 issue of the University of Colorado Law Review. Article contained in Vol. 58, no. 4 (Winter 1988) issue of the University of Colorado law review Show less
"This article attempts to define those water rights by examining the allotment policy and legislation in light of the reserved water rights doctrine. Show more"This article attempts to define those water rights by examining the allotment policy and legislation in light of the reserved water rights doctrine. The author concludes that no reserved rights may be held by individuals, but that during the period of trust some of those rights may be used by allottees." Article contained in the Vol. 26, no. 3 (Summer 1981) issue of South Dakota law review Show less
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, co Show moreThis 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 Show less
Michigan Law Review essay published in May, 2001 reviewing John Shurts' 2000 book, Indian Reserved Water Rights: The Winters Doctrine in its Social an Show moreMichigan 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 Show less
Article published in the Spring, 1985 issue of the University of Colorado Law Review. Article contained in the Vol. 56, no. 3 (Spring 1985) issue of th Show moreArticle published in the Spring, 1985 issue of the University of Colorado Law Review. Article contained in the Vol. 56, no. 3 (Spring 1985) issue of the University of Colorado law review Show less
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 l Show moreArticle 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 Show less
Article published in the August, 2005 issue of Ecology Law Quarterly. Article contained in the Vol. 32, no. 2 (Aug. 2005) issue of Ecology law quarterl Show moreArticle published in the August, 2005 issue of Ecology Law Quarterly. Article contained in the Vol. 32, no. 2 (Aug. 2005) issue of Ecology law quarterly Show less
Dedication to University of Washington law professor Ralph W. Johnson published in the October, 1997 issue of the Washington Law Review. Article contai Show moreDedication 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 Show less
"Professor Getches concludes that traditional instruments of water policy in the West--the beneficial use requirement of the prior appropriation doctr Show more"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 Show less
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 Show moreIn 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. Show less
Dedication to University of New Mexico law professor Albert E. Utton published in the Winter, 1990 issue of the Colorado Journal of International Envi Show moreDedication 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 Show less
Article published in the September, 2006 issue of The Colorado Lawyer to coincide with the completion and dedication of the new Wolf Law Building at C Show moreArticle published in the September, 2006 issue of The Colorado Lawyer to coincide with the completion and dedication of the new Wolf Law Building at CU. Article contained in the Vol. 35, no. 9 (Sept. 2006) issue of the Colorado lawyer Show less
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) Show moreBook 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 Show less
Article published in the Spring, 1989 issue of the Chicago-Kent Law Review. Article contained in the Vol. 65, no. 2 (Spring 1989) issue of the Chicago- Show moreArticle published in the Spring, 1989 issue of the Chicago-Kent Law Review. Article contained in the Vol. 65, no. 2 (Spring 1989) issue of the Chicago-Kent law review Show less
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 Show moreThis 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 Show less