Friday, October 02, 2020

Water Law: Aboriginal title under Spain, Mexico and U.S. administration

Yesterday I posted an article to the Linebery Policy Center Facebook page an article from the Santa Fe New Mexican titled Court weighs tribes’ water claims for Jemez River.

If you have any interest in Indian water law and how water rights were affected by Spanish, Mexican and U.S. sovereigns, then you should read this case. What exactly is aboriginal title? What was the Spanish concept of regalia? What is a Recopilación de Indias? What did Queen Isabella's will say about Indian rights? Is there a difference between aboriginal rights to land and their rights to water? Read the decision and the dissent to find the answers. The decision is embedded below or you can view at the link provided.

https://drive.google.com/file/d/1tNQHwYsApY3xIpX1-Tlo3JFguzYt3eB5/view?usp=sharing

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