FILE - The Colorado River in the upper River Basin is pictured in Lees Ferry, Ariz., on May 29, 2021. on Thursday in a dispute involving water from the drought-stricken Colorado River.
Writing for a majority made up of conservative justices, Justice Brett Kavanaugh explained that “the Navajos contend that the treaty requires the United States to take affirmative steps to secure water for the Navajos — for example, by assessing the Tribe's water needs, developing a plan to secure the needed water, and potentially building pipelines, pumps, wells, or other water infrastructure.
In a dissent, Justice Neil Gorsuch wrote that he would have allowed the case to go forward and he characterized the Navajo's position as a “simple ask.” Gorsuch, a conservative, was joined by the court's three liberals: Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.in March, Justice Samuel Alito pointed out that the Navajo Nation’s original reservation was hundreds of miles away from the section of the Colorado River it now seeks water from.
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