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The Endangered Species Act and Extinction of Reserved Indian Water Rights on the San Juan River

Abstract

The federal government's enforcement of the Endangered Species Act (ESA) has stymied development of tribal reserved water rights to the San Juan River. This note examines competing claims on San Juan River water, including de facto reserved water rights created tinder the ESA for endangered native fish, in the context of the regulatory framework governing allocation of the water. The note then identifies two approaches the federal government may take to fulfill its trust obligation and mitigate the burden unfairly imposed on the affected tribes.

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37 Ariz. L. Rev. 1305 (1995)

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Authors

Adrian N. Hansen (University of Arizona)

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