The Supreme Court ruled in a 5-4 decision against the Navajo Nation in a water dispute concerning the drought-stricken Colorado River. The states of Arizona, Nevada, and Colorado, along with water districts in California, had requested the court to decide in their favor, arguing that siding with the Navajo Nation would disrupt existing agreements and the river’s management. The Biden administration warned that a ruling favoring the Navajo Nation could lead to lawsuits from other tribes.
Lawyers representing the Navajo Nation had presented a modest request, seeking an assessment of the tribe’s water needs and a plan to address them. The case dates back to treaties signed by the tribe and the federal government in 1849 and 1868, with the latter establishing the reservation as the tribe’s “permanent home,” including a guaranteed water supply. In 2003, the tribe sued the federal government, claiming it had neglected the Navajo Nation’s water rights to the lower portion of the Colorado River.
Justice Brett Kavanaugh, writing for the conservative majority, stated that the treaty does not require the United States to take affirmative action to secure water for the Navajo Nation, such as assessing water needs or developing water infrastructure. Kavanaugh argued that Congress and the president should handle water-related issues. Justice Neil Gorsuch dissented, joined by Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.
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(Source: Newser)
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