The Supreme Court agreed to hear a dispute between the Navajo Nation, the Biden admin. and three states over the question of whether the tribe has the right to draw water from the Colorado River.
in addition to several California water districts — that arise from the Navajo Nation’s efforts to assert rights to the river that flows alongside the reservation’s northwestern border. The tribe's land, the largest Native American reservation, is mostly in Arizona but also crosses into New Mexico and Utah.
Legal precedent is clear that"when the United States creates an Indian reservation, it also promises and reserves for the tribe the amount of then-unappropriated water necessary to fulfill the reservation’s purposes," the tribe's lawyers say in court papers.has always been a contentious issue and is set to become even more important because of the impact of climate change.
The Biden administration, represented by Solicitor General Elizabeth Prelogar, says in court papers that the Supreme Court has repeatedly ruled that a tribe cannot sue to enforce an obligation it believes the federal government has unless it can point to a specific law or regulation that authorizes it.
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