June 22, 2023, 2:06 PM UTCWASHINGTON — The Supreme Court on Thursday ruled against Navajo Nation over claims that the federal government has failed to assert the tribe's desperate need for water access.
Writing for the majority, Justice Brett Kavanaugh said that the 1868 treaty between Navajo Nation and the U.S. government did not require the latter to take active steps to secure water access.Conservative Justice Neil Gorsuch joined the three liberal justices in dissent. As they have had to do in the tribe's difficult history,"they must fight again for themselves to secure their homeland and all that must necessarily come with it," he wrote."After today, it is hard to see how this court could ever again fairly deny a request from the Navajo to intervene in litigation over the Colorado River or other water sources to which they might have a claim," he wrote.
The case touches upon the complex array of agreements and court decisions that over the decades have dictated how the waters of the Colorado River, divided into upper and lower sections, are allocated among the states. Further complicating matters, the Colorado River system is already depleted due to long-term drought conditions, with the longer-term threat of climate change looming in the future.
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