The Supreme Court ruled that the Navajo Nation cannot sue the federal government for water rights. This setback hinders the tribe’s efforts to obtain clean water for residents. The decision was 5-4.
The tribe claimed the government was legally obligated to safeguard their water rights as per the 1868 Treaty of Fort Sumner. The government disputed this duty and suggested the tribe could litigate against other states and water districts for water rights.
The Supreme Court ruled in favor of the government, stating that the treaty didn’t impose a specific duty to assert the tribe’s water rights. The court clarified that the tribe retains the right to sue other states and water districts for water rights. However, the tribe is prohibited from suing the federal government for water rights.
The decision is a blow to the Navajo Nation, with about 170,000 residents. Many lack clean water access, and building new infrastructure has been a struggle.
The tribe said it was disappointed with the ruling, but that it would continue to fight for its water rights. “We are not giving up,” said Navajo Nation President Jonathan Nez. “We will continue to pursue all legal options available to us to protect our water rights.”
The Supreme Court’s decision highlights challenges for Native American tribes in asserting water rights. Tribes have had recent success in water rights lawsuits but face ongoing battles, as shown by the Court.
