On June 22, 2023, the United States Supreme Court in a 5-4 decision held that the 1868 treaty does not require the United States to take affirmative action to secure water rights for the Navajo Nation.
Background of the case:
The court held that the federal government is not required to take affirmative action to ensure water for the Navajo Nation. While the court agreed that the treaty reserved water for the Navajo Nation, the court concluded that this did not mean the United States had to take affirmative steps to secure water for the Navajo. Additionally, the court acknowledged that the 1868 treaty secured a permanent home for the Navajo, but the court did not find that securing a permanent home requires affirmative action to secure water.
The court’s decision:
The court held that the federal government is not required to take affirmative action to ensure water for the Navajo Nation. While the court agreed that the treaty reserved water for the Navajo Nation, the court concluded that this did not mean the United States had to take affirmative steps to secure water for the Navajo. Additionally, the court acknowledged that the 1868 treaty secured a permanent home for the Navajo, but the court did not find that securing a permanent home requires affirmative action to secure water.
Implications:
Arizona v. Navajo Nation is one example where the United States has used the law to push aside the rights of indigenous communities. This case is a major setback for the Navajo Nation as this decision further pushes the United States out of promises made to Tribal Nations. As a result of this holding, the Navajo Nation lacks clean water and legal advocacy.
Writing for the dissenting opinion, Justice Gorsuch stated that the Navajo nation has tried everything to receive justice. His hope moving forward is that the Navajo may be involved in future litigation on water rights. While this does provide a glimpse of hope, the Navajo are left in a familiar spot throughout history, lacking justice and facing adverse living conditions.
