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Supreme Court Rules Against Navajo Nation in Dispute over Water Rights

HeadlineJun 23, 2023

Back in the U.S., the Supreme Court has ruled against the Navajo Nation over claims the federal government has failed in its duty to address the tribe’s water rights. Writing for the majority in Thursday’s 5-4 ruling, Justice Brett Kavanaugh ruled that the 1868 treaty that established the Navajo Reservation said nothing about an “affirmative duty” for the United States to secure water. The court’s three liberal justices joined Neil Gorsuch in dissent, writing that the government has a duty to properly manage the water it holds for the tribe. Thousands of Navajo Nation members lack access to running water in their homes, even though the Colorado River runs along the northwestern border of their reservation.

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