TBA Law Blog


Posted by: Paul Burch on Jun 22, 2023

The U.S. Supreme Court dismissed a suit on Thursday by the Navajo Nation that would have required the federal government to develop a plan to secure water access for the tribe on reservation lands in the southwest, reported Reuters. The tribe claimed more than 30% of households on the Navajo reservation currently lack running water. The 5-4 decision ruled that an 1868 peace treaty between the U.S. and the tribe did not require the federal government to take steps to secure water. The ruling reversed a decision by the 9th U.S. Circuit Court of Appeals that had permitted the Navajo Nation's lawsuit against the U.S. Interior Department ruling the government had a "duty to protect and preserve the Nation's right to water."