Supreme Court rules against Navajo Nation in water case

The Supreme Court ruled Thursday that the government is not responsible for providing water to Native American reservations. The Navajo Nation had argued that the government owed it a sufficient water supply under an 1868 treaty. With droughts depleting water sources, the tribe had sought access to the Colorado River with pipes provided by the government. However, the 5-4 ruling affirmed that the Navajo Nation remains responsible for its water supply. Judge Brett Kavanaugh penned the majority opinion, saying that “it is not the judiciary’s role to rewrite and update this 155-year-old treaty.”

If there’s a treaty guaranteeing Native Americans’ water, then why is the court involved? The federal government promised indigenous people ample land to live on in an 1868 treaty. Native tribes argued that the promise of land included an implied guarantee of water. The Biden administration argued that after giving the land, Native Americans took complete control of the infrastructure and access to water.

Dig deeper: From the WORLD archives, read Sophia Lee’s report on poverty plaguing the Navajo Nation.