Department of Interior v. Navajo Nation
Overview
Overview
The Supreme Court held 5-4 that the United States does not owe an affirmative duty to the Navajo Nation to assess the tribe's water needs or develop a plan to meet them, even though the federal government holds the Navajo reservation's resources in trust. The case centered on the Colorado River and the Navajo Nation's long-standing water crisis on its reservation, which spans parts of Arizona, New Mexico, and Utah.
The Facts
Facts
The Navajo Nation has struggled with severe water scarcity on its reservation for decades. Many residents lack running water. The Nation sued the federal government, arguing that the trust relationship established by the 1868 Treaty of Bosque Redondo imposed an affirmative duty on the United States to secure water for the reservation. The Navajo sought a judicial declaration that the government must assess the Nation's water needs and develop a plan to meet them from the Colorado River and other sources.
The Issue
Issue
Whether the federal government's trust relationship with the Navajo Nation, established by the 1868 treaty, requires the United States to take affirmative steps to secure water for the reservation.
The Conclusion
Conclusion
The Supreme Court held 5-4 (Kavanaugh writing) that neither the 1868 treaty, relevant statutes, nor general trust principles impose a duty on the federal government to take affirmative steps to secure water for the Navajo Nation. The treaty promised a reservation, not a guarantee of water. Decided June 22, 2023.
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