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Article
The Historical Evolution of the Methodology for Quantifying Federal Reserved Instream Water Rights for American Indian Tribes
Articles
  • Dylan R. Hedden-Nicely, University of Idaho, College of Law
Document Type
Article
Publication Date
1-1-2020
Abstract

From the earliest days of their relationship with the United States, the tribes from the region today referred to as the Northwestern United States have been steadfast in their effort to protect the land, waters, plants, and animals of their traditional homelands. That effort is not coincidental; North America's indigenous people have a singular relationship to the environment they have been a part of for millennia. In particular, they have relied on the streams of their territory for food, fiber, transportation, recreation, cultural, and spiritual sustenance. As a result, through litigation, restoration, and conservation management, tribes have focused on maintaining a good environment for culturally important aquatic species. This Article-a companion to another in this Issue that addresses contemporary methodologies-focuses on but one part of that monumental effort: the historical development of the methods used to ensure adequate quantities of water remain in streams to maintain a healthy habitat for aquatic species.

Citation Information
50 Envtl. L. 205 (2020)