AECN 357 Exam 3 Review Qs&As 2024
States may adjudicate federal Indian reserved water rights under state water law by initiating the
stream wide adjudication process - ANS-TRUE
One legal advantage of in stream appropriations is that they usually are senior to other appropriations -
ANS-FALSE
...
AECN 357 Exam 3 Review Qs&As 2024
States may adjudicate federal Indian reserved water rights under state water law by initiating the
stream wide adjudication process - ANS-✔✔TRUE
One legal advantage of in stream appropriations is that they usually are senior to other appropriations -
ANS-✔✔FALSE
One legal disadvantage of in stream appropriations is that they are usually junior to other
appropriations - ANS-✔✔TRUE
Indian reserved water rights are usually senior to existing appropriations on the same stream - ANS-✔✔
TRUE
Indian reserved water rights are usually junior to existing appropriations on the same stream - ANS-✔✔
FALSe
Nebraska has a state wild and scenic rivers program - ANS-✔✔FALSE
Indian reserved rights may be lost by nonuse - ANS-✔✔FALSE
Federal reserved rights for national forests would included streamflows needed to maintain endangered
species even if endangered species protection was not a stated purpose of the forest reservation - ANS-
✔✔FALSE
Normally on an Indian reservation, the local law is state law - ANS-✔✔FALSE
NPS - ANS-✔✔NATIONAL PARK SERVICE FEDERAL
,DOI - ANS-✔✔U.S. Department of the Interior Federal
BuRec - ANS-✔✔US Bureau of Reclamation Federal
USBR - ANS-✔✔US Bureau of Reclamation Federal
instream appropriation - ANS-✔✔appropriating water to have the water left in the river but having an
appropriation nonetheless (despite the usual diversion requirement for an appropriation). most are
junior . disadvantage only junior appropriators will be effected most likely not getting any water
Public Trust Doctrine - ANS-✔✔state common law water law concept based on the preemies that water
is legally considered to be a public resource. the state cannot allocate water in a way that compromises
the state's public interest in the water.
Indian reserved water rights - ANS-✔✔when congress established an indian reservation, the U.S.
Supreme court ruled that congress by the implication automatically established Indian water rights for
the reservation with a priority date the same date as when the reservation was established. Not lost by
nonuse. usually senior appropriators on stream
Federal Reserved Water Rights - ANS-✔✔when federal land is reserved, the U.S. supreme court ruled
that congress by implication also automatically reserves enough water to maintain the use for which the
federal land was reserved. the priority date is the date of the federal reservation but water right is
established but only for forest purposes.
Streamwide adjudication Process - ANS-✔✔streamwide adjudication typically occurs when water rights
on a stream have not been adjudicated but water right disputes have arisen and the state undertakes
stream wide adjudication in order to allow the state to begin administering priorities.
Practically irrigable acres PIAS - ANS-✔✔what water rights are limited to. quantity of water the tribe
has to work with but they can use it for non-irrigation purposes as well
, Interstate water compacts - ANS-✔✔interstate conflicts are addressed through this. two or more states
agree to share an interstate stream's water. the agreement takes effect when it is ratified by Congress.
any disagreements or enforcement actions under the compact are decided by the U.S. supreme court
Nebraska is a member of the Republican River Compact with Colorado and Kansas.
equitable apportionment - ANS-✔✔lawsuit where the U.S. supreme court essentially applies prior
appropriation across state lines. Essentially the court looks at where the senior appropriation are in both
states on the interstate stream and divides the water between the states accordingly.
US Bureau of Reclamation - ANS-✔✔is the agency within the US. Department of the interior that builds
surface water irrigation projects. objective of projects is to provide water to both the Indian tribe and
the senior appropriations whose uses would be displaced by the tribes reserved water rights.
Indian reserved water rights are usually----to existing appropriations - ANS-✔✔Senior
States may adjudicate federal and Indian reserved water rights under state water law by intimating the -
------ process - ANS-✔✔streamwide adjudication
One legal disadvantage of in stream appropriations is that they usually are ----- to other appropriations -
ANS-✔✔junior
The theory that Congress reserved water rights for Indian tribes when their reservation was created is
called the ------doctrine - ANS-✔✔Indian Reserved water rights
The theory followed by the US. Supreme Court in allocating water between two states is called ------
doctrine - ANS-✔✔equitable apportionment
The theory that congress reserved water rights when it created national forests, national parks and
wilderness areas is called the-----doctrine - ANS-✔✔federal reservation
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