Water and Agriculture in the Western U.S.: Conservation, Reallocation, and Markets by Gary Weatherford

Author:Gary Weatherford [Weatherford, Gary]
Language: eng
Format: epub
Tags: Political Science, General
ISBN: 9781000004199
Google: _gzMDwAAQBAJ
Goodreads: 50670706
Publisher: Routledge
Published: 2020-01-23T00:00:00+00:00

Notes

1. See, e.g., Clyde, Special Considerations Involving Indian Rights, 8 Nat. Resources Law. 237, 251, (1975).

2. C. Meyers & A. Tarlock, Water Resource Management, pp. 156-84 (1971).

3. See generally I. Clark, Waters and Water Rights, p. 79 (1967); cf. Conrad Investment Co. v. United States, 161 F. 829 (9th Cir. 1908).

4. See text and accompanying notes under subheading "Underlying Social and Cultural Issues", infra.

5. U.S. Dept. of Interior, Issue Supporting Paper No. 70-5, Navajo Indian Irrigation Project 4 (1968) (hereinafter cited as Paper No. 70-5).

6. General History of NIIP is recited in Issue Supporting Paper No. 70-5, Ibid

7. See Price & Weather ford, Indian Water Rights in Theory and Practice, Law & Contemp. Prob. 118 (1976) (hereinafter cited as Indian Rights).

8. See text and accompanying notes under subheading "Navajos Waived Their Winters Rights by Acceptance of NIIP", infra.

9. U.S. Dept. of Interior, Bureau of Indian Affairs, Navajo Project, New Mexico, Supplemental Report (March 1957) (supplementing Feasibility Report, Jan. 1955).

10. Act of June 13, 1962, Pub. L. No. 87-483, 76 Stat. 96 (1962), is omitted from the official compilation of the United States Code. It can be found, however, at 43 U.S.C.A. Sections 615ii-yy, 620-620f (Supp. 1979). This statute will hereinafter be referred to as the NIIP Act.

11. Price & Weatherford, Indian Rights, p. 118.

12. U.S. Dept. of Interior, Paper No. 70-5.

13. U.S. Dept. of Interior, Bureau of Reclamation, All Sprinkler Irrigation System 43, Navajo Indian Irrigation Project, Nov. 1973.

14. Memorandum to Under Secretary from Deputy Solicitor, "Navajo Indian Irrigation Project--Water Entitlement of the Navajo Tribe" (Dec. 6, 1974).

15. See Memorandum to Dan Beard from John Leshy, "Deputy Solicitor's Opinion of December 1974 on Water Entitlements of Navajo Tribe from Navajo Indian Irrigation Project" (Sept. 23, 1977).

16. Construction on the main canal began before 1974 and was sized to carry 508,000 acre-feet. A storage facility, Gallegos Reservoir, was also included. With the adoption of the sprinkler technology, sizing of lateral canals and drains dropped to 330,000 acre-feet and Gallegos Reservoir was eliminated. The delivery of the full 508,000 acre-feet will require some redesign and reconstruction. The construction of Gallegos Reservoir at this writing seems unlikely. The costs of such construction would push the project over the appropriations ceiling and would necessitate congressional action.

17. What kind of crops NAPI can raise and how they are to be marketed also presents problems. By law the project is forbidden to raise surplus commodities.

18. Long, NAPI Problems Indicated by Allegations, Changes, Farmington Daily Times, Apr. 23, 1979.

19. J. Levy, "Who Benefits from Energy Resource Development?" Social Science Journal, (Jan. 1980) (hereinafter cited as "Who Benefits?"). These figures may be subject to debate. Phil Reno and A1 Henderson estimate Navajo per capita income to be not over $900.00 per annum.

20. Telephone interview with Philip Reno, Navajo Community College, Shiprock, Navajo Nation, December 10, 1980.

21. J. Levy, "Who Benefits?".

22. U.S. Congress, Senate, Committee on Interior and Insular Affairs, Hearings before the Subcomm. on Energy Research and Water Resources of the Comm. on Interior and Insular Affairs, 94th Cong.

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