ARIZONA NEWS

Supreme Court rules against Navajo Nation in Colorado River water dispute

Jun 22, 2023, 8:59 AM | Updated: 12:06 pm

The Colorado River in the upper River Basin is pictured in Lees Ferry, Arizona, on May 29, 2021. Th...

The Colorado River in the upper River Basin is pictured in Lees Ferry, Arizona, on May 29, 2021. (AP Photo/Ross D. Franklin, File)

(AP Photo/Ross D. Franklin, File)

WASHINGTON (AP) — The Supreme Court ruled against the Navajo Nation on Thursday in a dispute involving water from the drought-stricken Colorado River.

States that draw water from the river — Arizona, Nevada and Colorado — and water districts in California that are also involved in the case had urged the court to decide for them, which the justices did in a 5-4 ruling. Colorado had argued that siding with the Navajo Nation would undermine existing agreements and disrupt the management of the river.

The Biden administration had said that if the court were to come down in favor of the Navajo Nation, the federal government could face lawsuits from many other tribes.

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.

The facts of the case go back to treaties that the tribe and the federal government signed in 1849 and 1868. The second treaty established the reservation as the tribe’s “permanent home” — a promise the Navajo Nation says includes a sufficient supply of water. In 2003 the tribe sued the federal government, arguing it had failed to consider or protect the Navajo Nation’s water rights to the lower portion of the 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.”

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.”

Kavanaugh acknowledged that water issues are difficult ones.

“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.”

A federal trial court initially dismissed the lawsuit, but an appeals court allowed it to go forward. The Supreme Court’s decision reverses that ruling from the appeals court.

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.”

“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 (repeatedly) that they have been standing in the wrong line and must try another.”

Gorsuch said one “silver lining” of the case may be that his colleagues in the majority recognized that the tribe may still be able to “assert the interests they claim in water rights litigation, including by seeking to intervene in cases that affect their claimed interests.”

Gorsuch, a conservative and Colorado native who has emerged as a champion of Native rights since joining the court in 2017, was joined by the court’s three liberals: Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.

During arguments in the case 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.

Today, the Colorado River flows along what is now the northwestern border of the tribe’s reservation, which extends into New Mexico, Utah and Arizona. Two of the river’s tributaries, the San Juan River and the Little Colorado River, also pass alongside and through the reservation. Still, one-third of the some 175,000 people who live on the reservation, the largest in the country, do not have running water in their homes.

The government argued that it has helped the tribe secure water from the Colorado River’s tributaries and provided money for infrastructure, including pipelines, pumping plants and water treatment facilities. But it said no law or treaty required the government to assess and address the tribe’s general water needs. The states involved in the case argued that the Navajo Nation was attempting to make an end run around a Supreme Court decree that divvied up water in the Colorado River’s Lower Basin.

In a statement, Navajo Nation President Buu Nygren called the ruling “disappointing” and said the tribe’s lawyers “continue to analyze the opinion and determine what it means for this particular lawsuit.”

“My job as the President of the Navajo Nation is to represent and protect the Navajo people, our land, and our future,” Nygren said. “The only way to do that is with secure, quantified water rights to the Lower Basin of the Colorado River.”

Rita McGuire, a lawyer who represented states opposing the tribe’s claims, said the court “ruled exactly right” and that “we’re very pleased.”

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Comments

Comment guidelines: No name-calling, personal attacks, profanity, or insults. Please keep the conversation civil and help us moderate comments by reporting abuse.
comments powered by Disqus

Arizona News

A man was stabbed to death near the Arizona Capitol complex in Phoenix over the weekend....

Kevin Stone

Man stabbed to death at bus stop near Arizona Capitol in Phoenix

A man was stabbed to death near the Arizona Capitol complex in Phoenix over the weekend, authorities said.

51 minutes ago

Phoenix forecast rain...

Kevin Stone

Phoenix could see its heaviest rainfall in months later this week

The metro Phoenix forecast calls for a warm start to the week followed by a quick cooldown, with a good chance for the heaviest rainfall in months.

2 hours ago

Integrated Biometrics Chandler Arizona 2025...

Serena O'Sullivan

Integrated Biometrics expanding its Chandler research facility

Companies curious about incorporating biometrics into their workflows can now visit a Chandler research facility to test new technologies through interactive exhibits.

4 hours ago

arizona state parks and trails...

Lance Hartzler

Arizona State Parks and Trails fees to increase at more than 30 locations

Arizona State Parks and Trails is increasing fees on entrances, camping and tour tickets for 33 locations to support park operations.

4 hours ago

fentanyl pills, fentanyl bust Phoenix...

KTAR.com

Weekend Wrap: Here are the biggest Phoenix news stories from Feb. 7-9

Here are some of the top Valley news stories from Feb. 7-9, including a Phoenix man being pulled over with more than 100,000 fentanyl pills.

16 hours ago

Economists foresee labor shortages in construction and agriculture as a result of President Donald ...

Matthew DeWees and Katrina Michalak/Cronkite News

Donald Trump’s mass deportations could mean higher costs and labor shortages in Arizona

Deportations ordered by President Trump could hit Arizona’s agriculture and construction sectors hard, pushing up prices for shoppers.

20 hours ago

Sponsored Articles

...

Asset Preservation Wealth & Tax

How to optimize the most money in 2024 tax returns

As tax season begins, getting your financials in order is important to maximize your tax return.

...

Bright Wealth Management

How to start your retirement planning early and avoid costly mistakes

Retirement planning can feel overwhelming, but with the right guidance, you can avoid costly pitfalls.

...

The UPS Store

How The UPS Store is giving back to the community

PHOENIX -- As 2024 nears a close, The UPS Store is looking to give back to the Arizona community with the holiday season approaching.

Supreme Court rules against Navajo Nation in Colorado River water dispute