Book contents
- Riverflow
- Riverflow
- Copyright page
- Epigraph
- Contents
- Maps
- Foreword: Marching Away from Folly
- Acknowledgments
- Introduction Publicum Ius Aquae
- 1 Instream Rights and the Public Trust
- 2 Instream Rights and Unreasonable Use
- 3 Instream Rights and Dams
- 4 Instream Rights and Watershed Governance
- 5 Instream Rights as Federal Law Recedes
- 6 Instream Rights as Water Temperatures Rise
- 7 Instream Rights as Sea Levels Rise
- 8 Instream Rights and Groundwater Extraction
- 9 Instream Rights and Old Canals
- 10 Instream Rights and Water as an Investment
- 11 Instream Rights and International Law
- 12 Instream Rights and Irrigation Subsidies
- 13 Instream Rights and Pacific Salmon
- 14 Instream Rights and Hatchery Fish
- 15 Instream Rights as Indigenous Rights
- Conclusion Policy Disconnected from Science
- About the Author
- Index
15 - Instream Rights as Indigenous Rights
Published online by Cambridge University Press: 18 February 2021
- Riverflow
- Riverflow
- Copyright page
- Epigraph
- Contents
- Maps
- Foreword: Marching Away from Folly
- Acknowledgments
- Introduction Publicum Ius Aquae
- 1 Instream Rights and the Public Trust
- 2 Instream Rights and Unreasonable Use
- 3 Instream Rights and Dams
- 4 Instream Rights and Watershed Governance
- 5 Instream Rights as Federal Law Recedes
- 6 Instream Rights as Water Temperatures Rise
- 7 Instream Rights as Sea Levels Rise
- 8 Instream Rights and Groundwater Extraction
- 9 Instream Rights and Old Canals
- 10 Instream Rights and Water as an Investment
- 11 Instream Rights and International Law
- 12 Instream Rights and Irrigation Subsidies
- 13 Instream Rights and Pacific Salmon
- 14 Instream Rights and Hatchery Fish
- 15 Instream Rights as Indigenous Rights
- Conclusion Policy Disconnected from Science
- About the Author
- Index
Summary
In the preceding chapters of this book, we have reviewed multiple sources of state, federal, and international law that establish a right to keep water instream. The sources of law reviewed in the preceding chapters, however, have generally not framed this right as a fundamental human right. When viewed in the context of the broader field of indigenous rights, we can discern the basis for framing the right to keep water instream as a traditional established human right.
Throughout the world, there are many indigenous cultures in which salmon is central and essential to tribal identity. For instance, in Siberia and the Russian Far East, the Itelmen ethnic group on the Kamchatka Peninsula petitioned the Governor of Kamchatka and the federal fishing agency to protect indigenous fishing rights.1 As another example, in British Columbia in Canada, First Nations on the west coast of Vancouver Island have banded together to form the Nuuchahnulth Salmon Alliance to press the provincial and federal Canadian governments to strengthen protection of salmon stocks from logging operations that degrade spawning waters.2
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- Information
- RiverflowThe Right to Keep Water Instream, pp. 258 - 274Publisher: Cambridge University PressPrint publication year: 2021