Supreme Court considers Navajo Nation water rights battle in Arizona
David G SavageMarch 20, 2023
The Supreme Court will hear a major water rights dispute from Arizona on Monday to decide whether the federal government has broken its promises to the Navajo Nation for more than 150 years.
Nearly one-third of Navajo households have no running water and rely on truck-loaded water.
And before that, t
Hi
y Navajo nation b
deplores the US government for breaching its duty of trust
to the treaty
1868
deal that what
settled their reservation in what is now
the
northeast
corner of
Arizona and smaller
portion parts
from south
East
ern Utah and the north
East
ern New Mexico.
That treaty “promised both land and water sufficient for the Navajos to return to a permanent home in their ancestral lands”,
lawyers for the marriage torneys of the Navajo Nation
the court told. Broken promises. The country is still waiting for the water it needs.’
But
The case goes to court
after during a period of drought in the West and
100 years
after a lawsuit over the execution of
the Colorado River
Both compact and high court decisions
that divided
are
water
S
under seven
states, including California, Arizona, and Nevada.
It also comes in an era of drought in the West.
The question now is whether the Navajo
s nation
can proceed with a lawsuit that aims to deliver a federal plan
its inhabitants their
without the need for water.
She the Navajo nation
won a preliminary victory in 2021 in the 9th Circuit Court of Appeals
it be
had a claim for breach of trust, taking note
That
the 1868 treaty referred to agriculture.
“The nation’s right to work reservation lands … gives rise to an implied right to the water required to do so,” the appeals court said. However, it stopped short of deciding whether this included “rights to the Colorado River main stream or other specific water resources.”
But in the fall
the
The Supreme Court agreed to hear appeals from both
the
Internal Affairs and Arizona trying to overturn the 9th Circuit’s decision.
US Attorney Gen.
eral
Elizabeth B. Prelogar argued that the 1868 treaty said nothing about water and did not establish specific duties for the government regarding water. In addition, the Navajo
s nation has
received water rights from two tributaries of the Colorado River, including Utah’s San Juan River, she said.
Lawyers for Arizona, joined by the Metropolitan Water District of Southern California, said the Supreme Court’s injunctions assigned the waters of the lower Colorado River and it’s too late for lawsuits seeking new rights to the same water.
The cases are Arizona vs. Navajo Nation and Department of the Interior vs. Navajo Nation.