In the American West keeping water instream to protect fish and wildlife, recreation, and water quality is in direct conflict with traditional water laws. While most western states have established instream flow protection programs, protection has been hindered by the basic tenet of the prior appropriation doctrine, first in time,...
Tribal water rights and instream flows for species listed under the Endangered Species Act (ESA) have been a source of tensions in the western United States, particularly when tribes have undetermined water rights to support tribal fisheries listed under the ESA. Understanding the mechanics of past tribal settlements and their...