The justices, in a 5-4 decision authored by conservative Justice Brett Kavanaugh, concluded that an 1868 peace treaty between the United States and the tribe did not require the government to take steps such as assessing the tribe's water needs and potentially building pipelines, pumps and wells.
Conservative Justice Neil Gorsuch, who has supported Native Americans rights in various cases since joining the court in 2017, dissented from the decision along with the court's three liberal justices. The treaty, reached three years after the conclusion of the U.S. Civil War, ended two decades of sporadic fighting between the United States and the Navajos and established the Navajo Reservation, which encompasses roughly 17 million acres , largely in the Colorado River Basin.
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