Navajo Water Rights Rejected by Supreme Court As U.S. Not Required to Supply Reservation

The Navajo Nation urged the U.S. government to decide on the Navajo Water Rights under the 1868 treaty. Unfortunately, the Supreme Court ruled that the U.S. has no obligation to the water needs of the reservation.

The Navajo Nation is the largest Native American reservation in the country, an area that is larger than 10 of the U.S. states. To date, the reservation is home to over 250,000 individuals where 30% of the households lack running water and delivery of water can cost twenty times more.

According to Glennon, since the 1950s, the Navajo Nation has urged the U.S. federal government to decide on the Navajo Water Rights under the 1868 treaty that established the Native American reservation. However, on June 22, in Arizona v. Navajo Nation, the Supreme Court ruled 5-4 that under the treaty, the U.S. has no obligation to assess and make plans for the Navajo Water Rights.

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Navajo Water Rights

Nonetheless, according to Liptak, the Navajo Water Rights have significant importance to the American Indian reservations for numerous reasons. First, the date when the Navajo Water Rights began was the date when the reservation was established.

Second, the Navajo Water Rights exist regardless of whether the waters were used by the tribe. The Navajo Water Rights have a substantial probability to oust people who arrived in the area at a later time. Third, among the tribes in the Colorado River Basin, the reservation is still to determine the scope of the Navajo Water Rights.

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