Supreme Court Rules Against Navajo Nation in Historic Water Rights Case

Earlier today, the Supreme Court of the United States ruled against the indigenous Navajo Nation in a historic water rights case.

The Navajo Nation’s lawsuit claimed that under an 1868 treaty, the U.S. federal government has a legal duty to enforce water access for the tribe. The tribe is hoping for water rights to the Lower Basin of the Colorado River, which they assert should be protected in the original treaty agreement— an agreement that the US has not honored to date. The surrounding Navajo communities and reservations are desperate for access to clean water in the desert region.

However, SCOTUS voted 5-4 to throw the tribe’s case out. In a statement from the majority, Justice Brett Kavanaugh wrote, “In short, the 1868 treaty did not impose a duty on the United States to take affirmative steps to secure water for the Tribe – including the steps requested by the Navajos here, such as determining the water needs of the Tribe, providing an accounting, or developing a plan to secure the needed water.”

He continued by insisting it’s not the “Judiciary’s role to update the law.”

President of the Navajo Nation, Buu Nygren, released a statement of his own, "My job as the president of the Navajo Nation is to represent and protect the Navajo people, our land, and our future. The only way to do that is with secure, quantified water rights to the Lower Basin of the Colorado River.”

Despite the ruling, the Navajo Nation will continue to advocate for water rights in Arizona, California, Colorado, Nevada, and surrounding areas.