AECN 357 Exam 3 Questions & Answers Already Graded A+

States may adjudicate federal Indian reserved water rights under state water law by initiating the stream wide adjudication process - Answer-TRUE One legal advantage of in stream appropriations is that they usually are senior to other appropriations - Answer-FALSE One legal disadvantage of in stream appropriations is that they are usually junior to other appropriations - Answer-TRUE Indian reserved water rights are usually senior to existing appropriations on the same stream - AnswerTRUE Indian reserved water rights are usually junior to existing appropriations on the same stream - AnswerFALSe Nebraska has a state wild and scenic rivers program - Answer-FALSE Indian reserved rights may be lost by nonuse - Answer-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 - Answer-FALSE Normally on an Indian reservation, the local law is state law - Answer-FALSE NPS - Answer-NATIONAL PARK SERVICE FEDERAL DOI - Answer-U.S. Department of the Interior FederalBuRec - Answer-US Bureau of Reclamation Federal USBR - Answer-US Bureau of Reclamation Federal instream appropriation - Answer-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 - Answer-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 - Answer-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 - Answer-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 - Answer-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 - Answer-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 - Answer-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 Kable apportionment - Answer-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 - Answer-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 - Answer-Senior States may adjudicate federal and Indian reserved water rights under state water law by intimating the -- ----- process - Answer-streamwide adjudication One legal disadvantage of in stream appropriations is that they usually are ----- to other appropriations - Answer-junior The theory that Congress reserved water rights for Indian tribes when their reservation was created is called the ------doctrine - Answer-Indian Reserved water rights The theory followed by the US. Supreme Court in allocating water between two states is called ------ doctrine - Answer-equitable apportionment The theory that congress reserved water rights when it created national forests, national parks and wilderness areas is called the-----doctrine - Answer-federal reservation A portion of the Niobrara River was protected from future impoundments by its inclusion in the federal - -----program - Answer-Wild and Scenic River In California state courts have ruled that public water uses must be protected in state water rights proceedings under the----doctrine - Answer-Public Trust Under the federal wild and scenic rivers program, up to ---% of the land located within the protected river corridor can legally be condemned. - Answer-33%Normally on an Indian Reservation, the local law is----law - Answer-tribal The three categories of river protected under the federal wild and scenic river program are: wild, scenic and ---- - Answer-recreational Appropriations to leave water in the stream are called-----appropriations - Answer-in stream Briefly describe the approach that the U.S. supreme Court uses in equitably apportioning water between two appropriation states - Answer-The U.S. Supreme court essentially applies prior appropriation across state lines. Essentially the court looks at where the senior appropriators are in both states on the interstate stream and divides the water between the states accordingly. Briefly describe how the public trust doctrine may be used to protect in stream flows. - Answer-Under the doctrine states cannot allocate water in a way that compromises the state's public interest in the water. So the state could require senior appropriators to put some water back in stream because it is for the public interest. What is the primary disadvantage of in stream appropriations as a legal tool for protecting in stream flows? How may this disadvantage be overcome? - Answer-Most in stream appropriations are junior so the disadvantage is that only appropriators junior to the relatively junior in stream appropriation are effected. The disadvantage can be overcome by using Public Trust Doctrine in order to take water from senior appropriators and put it back in stream.