Colorado had argued that siding with the Navajo Nation would undermine existing agreements and disrupt the management of the river.By Jessica Gresko | The Associated PressThe Supreme Court ruled against the Navajo Nation on Thursday in a dispute involving water from the drought-stricken Colorado River.
Lawyers for the Navajo Nation had characterized the tribe’s request as modest, saying they simply were seeking an assessment of the tribe’s water needs and a plan to meet them. But, Kavanaugh said, “In light of the treaty’s text and history, we conclude that the treaty does not require the United States to take those affirmative steps.”“Allocating water in the arid regions of the American West is often a zero-sum situation,” he wrote. It is important, he said, for courts to leave “to Congress and the President the responsibility to enact appropriations laws and to otherwise update federal law as they see fit in light of the competing contemporary needs for water.
“Where do the Navajo go from here?” he wrote. “To date, their efforts to find out what water rights the United States holds for them have produced an experience familiar to any American who has spent time at the Department of Motor Vehicles. The Navajo have waited patiently for someone, anyone, to help them, only to be told that they have been standing in the wrong line and must try another.”
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