SCOTUS rules against Navajo Nation in drought-plagued Colorado River case

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SCOTUS rules against Navajo Nation in drought-plagued Colorado River case
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Supreme Court rules against Navajo Nation in Colorado River case

The high court determined by a 5-4 vote that a treaty signed more than 150 years ago did not require the federal government develop a plan to ensure the tribe had adequate water supplies.

Justice Neil Gorsuch joined liberal justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson in dissenting. “The promise of a permanent home necessarily implies certain benefits for the Tribe . One set of those benefits and responsibilities concerns water. This Court long ago recognized as muchRoughly a third of residents in the Navajo reservation, the largest in the US, do not have running water.In the 1908 Winters v. United States case that Gorsuch referenced, the high court concluded that the establishment of a reservation implied tribes had certain water rights.

Meanwhile, the Biden administration and allied states countered that a ruling in favor of the Navajo Nation could open a Pandora’s box leading to a bevy of lawsuits from other tribes with similar demands, or upend existing water agreements between states.

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