* . *
  • About
  • Advertise
  • Privacy & Policy
  • Contact
Sunday, June 29, 2025
Earth-News
  • Home
  • Business
  • Entertainment
    Susquehanna Raises Penn Entertainment Inc. (PENN) Price Target. – Yahoo Finance

    Susquehanna Raises Price Target for Penn Entertainment Inc. (PENN)

    George Lopez is coming to Spokane – KXLY.com

    George Lopez is coming to Spokane – KXLY.com

    Netflix unveils Dallas immersive venue for fans of hit shows like ‘Squid Game,’ ‘Stranger Things’ – Houston Chronicle

    Step Inside Netflix’s New Dallas Immersive Experience Featuring Hits Like ‘Squid Game’ and ‘Stranger Things

    ‘Puttin’ on the Ritz’: Civic Players bring ‘Young Frankenstein’ to life – Yahoo

    Civic Players Deliver a Hilarious and Unforgettable Performance of ‘Young Frankenstein

    ‘Wheel of Fortune’: Amputee Wins $60,000 After Breaking Incredible ‘Curse’ – Hastings Tribune

    Wheel of Fortune’ Amputee Breaks Incredible ‘Curse’ to Win $60,000!

    North Star Sports & Entertainment Network: Coming soon – KTTC News

    North Star Sports & Entertainment Network: Coming soon – KTTC News

  • General
  • Health
  • News

    Cracking the Code: Why China’s Economic Challenges Aren’t Shaking Markets, Unlike America’s” – Bloomberg

    Trump’s Narrow Window to Spread the Truth About Harris

    Trump’s Narrow Window to Spread the Truth About Harris

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Trending Tags

    • Trump Inauguration
    • United Stated
    • White House
    • Market Stories
    • Election Results
  • Science
  • Sports
  • Technology
    Naples restaurant owner prepares for hurricane season with new flood technology – Fox4Now.com

    Naples restaurant owner prepares for hurricane season with new flood technology – Fox4Now.com

    Emerging Memory and Storage Technology Market Analysis Report 2025-2034 | AI and HPC Boom Fuels Surging Demand for Fast, Low-Power Memory Devices – Yahoo Finance

    How AI and HPC Are Driving Explosive Growth in Fast, Low-Power Memory Technologies Through 2034

    Ostin Technology (OST): Volatility’s Warning or Contrarian Opportunity? – AInvest

    Ostin Technology (OST): Navigating Market Volatility – Red Flag or Hidden Opportunity?

    St. Francis Medical Center brings advanced robotic surgery technology to Northeast Louisiana – KNOE

    St. Francis Medical Center brings advanced robotic surgery technology to Northeast Louisiana – KNOE

    Wayve Expands Engineering Leadership to Power Next-Gen Autonomous Driving Technology – Silicon Canals

    Wayve Boosts Engineering Leadership to Accelerate Next-Gen Autonomous Driving Innovation

    Frontdoor Announces Tech Expert Dr. Bala Ganesh as Chief Technology Officer – Business Wire

    Frontdoor Appoints Tech Visionary Dr. Bala Ganesh as New Chief Technology Officer

    Trending Tags

    • Nintendo Switch
    • CES 2017
    • Playstation 4 Pro
    • Mark Zuckerberg
No Result
View All Result
  • Home
  • Business
  • Entertainment
    Susquehanna Raises Penn Entertainment Inc. (PENN) Price Target. – Yahoo Finance

    Susquehanna Raises Price Target for Penn Entertainment Inc. (PENN)

    George Lopez is coming to Spokane – KXLY.com

    George Lopez is coming to Spokane – KXLY.com

    Netflix unveils Dallas immersive venue for fans of hit shows like ‘Squid Game,’ ‘Stranger Things’ – Houston Chronicle

    Step Inside Netflix’s New Dallas Immersive Experience Featuring Hits Like ‘Squid Game’ and ‘Stranger Things

    ‘Puttin’ on the Ritz’: Civic Players bring ‘Young Frankenstein’ to life – Yahoo

    Civic Players Deliver a Hilarious and Unforgettable Performance of ‘Young Frankenstein

    ‘Wheel of Fortune’: Amputee Wins $60,000 After Breaking Incredible ‘Curse’ – Hastings Tribune

    Wheel of Fortune’ Amputee Breaks Incredible ‘Curse’ to Win $60,000!

    North Star Sports & Entertainment Network: Coming soon – KTTC News

    North Star Sports & Entertainment Network: Coming soon – KTTC News

  • General
  • Health
  • News

    Cracking the Code: Why China’s Economic Challenges Aren’t Shaking Markets, Unlike America’s” – Bloomberg

    Trump’s Narrow Window to Spread the Truth About Harris

    Trump’s Narrow Window to Spread the Truth About Harris

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Trending Tags

    • Trump Inauguration
    • United Stated
    • White House
    • Market Stories
    • Election Results
  • Science
  • Sports
  • Technology
    Naples restaurant owner prepares for hurricane season with new flood technology – Fox4Now.com

    Naples restaurant owner prepares for hurricane season with new flood technology – Fox4Now.com

    Emerging Memory and Storage Technology Market Analysis Report 2025-2034 | AI and HPC Boom Fuels Surging Demand for Fast, Low-Power Memory Devices – Yahoo Finance

    How AI and HPC Are Driving Explosive Growth in Fast, Low-Power Memory Technologies Through 2034

    Ostin Technology (OST): Volatility’s Warning or Contrarian Opportunity? – AInvest

    Ostin Technology (OST): Navigating Market Volatility – Red Flag or Hidden Opportunity?

    St. Francis Medical Center brings advanced robotic surgery technology to Northeast Louisiana – KNOE

    St. Francis Medical Center brings advanced robotic surgery technology to Northeast Louisiana – KNOE

    Wayve Expands Engineering Leadership to Power Next-Gen Autonomous Driving Technology – Silicon Canals

    Wayve Boosts Engineering Leadership to Accelerate Next-Gen Autonomous Driving Innovation

    Frontdoor Announces Tech Expert Dr. Bala Ganesh as Chief Technology Officer – Business Wire

    Frontdoor Appoints Tech Visionary Dr. Bala Ganesh as New Chief Technology Officer

    Trending Tags

    • Nintendo Switch
    • CES 2017
    • Playstation 4 Pro
    • Mark Zuckerberg
No Result
View All Result
Earth-News
No Result
View All Result
Home Science

Supreme Court rules the US is not required to ensure access to water for the Navajo Nation

June 24, 2023
in Science
Supreme Court rules the US is not required to ensure access to water for the Navajo Nation
Share on FacebookShare on Twitter

This article is republished from The Conversation.

The Navajo Nation, the largest Native American reservation in the U.S., covers 27,000 square miles (70,000 square kilometers) in the Southwest – an area larger than 10 states. Today it is home to more than 250,000 people – roughly comparable to the population of St. Petersburg, Florida, or Winston-Salem, North Carolina.

Unlike those cities, however, 30% of households on the Navajo Reservation lack running water. Hauling water can cost 20 times what it does in neighboring off-reservation communities. While the average American uses between 80 and 100 gallons (300-375 liters) of water per day, Navajo Nation members use approximately seven.

Since the 1950s, the Navajo Nation has pressed the U.S. government to define the water rights reserved for them under the 1868 treaty that created their reservation.

These efforts culminated in a U.S. Supreme Court case, Arizona v. Navajo Nation, which posed this question: Does the treaty between the Navajo Nation and the United States obligate the federal government to “assess” the water needs of the Navajo and “make a plan” for securing water to meet those needs? On June 22, 2023, the Supreme Court ruled 5-4 that the answer was no.

The centrality of water rights

Water rights – the ability of individuals to use public water supplies – have always been a central issue in the U.S. West. They are only becoming more so as drought and climate change shrink the existing supply.

Federal reserved rights have special importance with respect to American Indian reservations for several reasons.

First, the priority date when the rights begin is the date when the reservation was created. In most cases, this creates a very senior right – one that supersedes those of people who arrive in the area later.

Second, these rights exist regardless of whether the tribe has begun to use the water. Because all of the water in many western rivers has been fully allocated, these rights have a significant potential to displace existing juniors, or people who came later and have rights under state water law.

Third, among the 30 federally recognized tribes in the Colorado River Basin, approximately a dozen – including the Navajo Nation – are still in the process of getting a court to adjudicate the scope of their federal water rights.

Finally, tribes or nations usually need a lot of water to irrigate reservation lands or establish a viable permanent homeland in the dry Southwest. In this context, it’s clear why the Navajo have called on the federal government for decades to specify their federally reserved water rights.

Graph showing regional drought levels from 2001-2023.The Colorado River Basin, which includes parts of seven states, has been in severe drought for more than 20 years, intensifying competition over water rights. Drought levels range from D0 (Abnormally Dry) to D4 (Exceptional Drought)
U.S. Drought Monitor

Does a ‘permanent home’ imply access to water?

The Navajo quest for a clear determination of their water rights is rooted in America’s history of removing Native Americans from their lands and moving them to areas with fewer resources.

As Justice Neil Gorsuch recounted in a detailed dissent in this case, the U.S. government embarked in the 1860s on a program of “removal, isolation, and incarceration” to force the Navajo to vacate lands so they could be settled by whites. Thousands of U.S. troops roamed Navajo lands, destroying everything they could.

After the Navajo surrendered in 1864, they were forcibly relocated 300 miles to Bosque Redondo, a barren area of eastern New Mexico. Many Navajo died on the “Long Walk,” and more perished over the next four years.

In 1868, the Navajo agreed to a treaty that created a reservation on a portion of their original lands as a “permanent homeland.” The U.S. government promised to provide seeds, agricultural implements, sheep and goats, but the treaty made no explicit reference to water.

Forty years later, the Supreme Court issued a ruling in Winters v. United States that became a guidepost for understanding tribes’ and nations’ federal reserved water rights. The U.S. had established the Fort Belknap Indian Reservation in Montana for the Gros Ventre and Assiniboine tribes, and subsequently sued irrigators in Wyoming who built canals and reservoirs on the Milk River upstream from the reservation.

The Supreme Court recognized that the 1888 agreement that had created the Fort Belknap reservation did not mention water, but observed that “[t]he lands were arid, and without irrigation, were practically valueless.” The justices concluded that the implication or inference was that Congress intended to reserve enough water for the tribes to have a “permanent home.”

“The status quo is going to continue. Being disappointed by the federal government is nothing new in Indian Country.”

SCOTUS rules on Navajo Nation water case: https://t.co/c5ikHS2vB0

— Luke Runyon (@LukeRunyon) June 22, 2023

What does the 1868 treaty require?

Beginning in 1956, the Navajo Nation filed a series of motions to participate in Arizona v. California, the Supreme Court’s historic ruling on Colorado River water rights for California, Arizona and Nevada and five Indian tribes – not including the Navajo.

Over the next several decades, the Navajo repeatedly attempted to get the federal government to assess their water rights to the main stream of the Colorado River. Finally, in 2003, the Navajo Nation filed the current suit.

In the ruling, Justice Brett Kavanaugh refused to find that the 1868 treaty satisfied the Winters framework. The 1868 treaty “reserved necessary water to accomplish the purpose of the Navajo Reservation. But it did not require the United States to take affirmative steps to secure water for the Tribe,” Kavanaugh wrote for the majority. “Nor is it the role of the Judiciary to rewrite a 155-year-old treaty.” That job, Kavanaugh asserted, fell to Congress.

Gorsuch – joined by Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson – dissented. Gorsuch is widely recognized as an expert on Indian law, including water rights, and is the only member of the Court who grew up west of the Mississippi River.

In Gorsuch’s view, the promise of a permanent homeland, together with the history surrounding the treaty and background principles of Indian law, was enough to conclude that the 1868 treaty – following the principle set out in Winters v. United States – secured some water rights for the Navajo.

The Navajo “have written federal officials. They have moved this Court to clarify the United States’ responsibilities when representing them. They have sought to intervene directly in water-related litigation,” Gorsuch wrote. “And when all of those efforts were rebuffed, they brought a claim seeking to compel the United States to make good on its treaty obligations by providing an accounting of what water rights it holds on their behalf.”

“At each turn, they have received the same answer: ‘Try again.’ When this routine first began in earnest, Elvis was still making his rounds on The Ed Sullivan Show,” Gorsuch observed.

What’s next for the Navajo?

Arizona, California and Nevada all intervened in this case to protect their interests in the Colorado River. Because the American West is so arid, water rights often are a zero-sum game. Any judicially recognized rights for the Navajo from the Colorado River would reduce water available to the states.

This ruling solidifies the states’ Colorado River water rights and indefinitely postpones resolution of the Navajo Nation’s claims.

Meanwhile, the Navajo suffer. Lack of access to clean water contributed to high death rates on the reservation during the COVID-19 pandemic. More than 150 years after their reservation was created, the Navajo quest for water rights continues.The Conversation

This article is republished from The Conversation under a Creative Commons license. Read the original article.

>>> Read full article>>>
Copyright for syndicated content belongs to the linked Source : Popular Science – https://www.popsci.com/environment/supreme-court-navajo-water/

Tags: courtscienceSupreme
Previous Post

The best binoculars for hiking in 2023

Next Post

This robot used a fake raspberry to practice picking fruit

‘Half the tree of life’: ecologists’ horror as nature reserves are emptied of insects – The Guardian

Half the Tree of Life at Risk: Ecologists Warn as Insect Populations Plummet in Nature Reserves

June 29, 2025
Health, science cuts affect future jobs – The Acorn

Health, science cuts affect future jobs – The Acorn

June 29, 2025
Why Some People Have Absolutely No Sense Of Direction, According To Science – YourTango

Why Do Some People Struggle with Direction? The Surprising Science of Getting Lost

June 29, 2025
Cardiologist shares how stress and modern lifestyle are raising heart risks in 30s and 40s: ‘Don’t wait for chest pain’ | Health – Hindustan Times – Hindustan Times

Cardiologist shares how stress and modern lifestyle are raising heart risks in 30s and 40s: ‘Don’t wait for chest pain’ | Health – Hindustan Times – Hindustan Times

June 29, 2025
79-year old man competing in his 16th World Police and Fire Games – WVTM

79-year old man competing in his 16th World Police and Fire Games – WVTM

June 29, 2025
The Economy Is So Off the Rails That They’re Trying to Figure Out How to Make Ads Specifically Targeted at AI Bots – Futurism

The Economy Is So Off the Rails That They’re Trying to Figure Out How to Make Ads Specifically Targeted at AI Bots – Futurism

June 29, 2025

WATCH: Health Secretary RFK Jr. Faces Intense Questioning on Vaccine Policy and Transparency in House Hearing

June 29, 2025
Jimmy Patronis hails House passage of bill benefitting military, veterans – Florida Politics

Jimmy Patronis Cheers House Approval of Landmark Bill Backing Military and Veterans

June 29, 2025
Naples restaurant owner prepares for hurricane season with new flood technology – Fox4Now.com

Naples restaurant owner prepares for hurricane season with new flood technology – Fox4Now.com

June 29, 2025
Fireworks sales support Folsom youth sports: ‘This is our biggest fundraiser’ – Sacramento Bee

Fireworks Sales Ignite Support for Folsom Youth Sports: “This Is Our Biggest Fundraiser

June 29, 2025

Categories

Archives

June 2025
MTWTFSS
 1
2345678
9101112131415
16171819202122
23242526272829
30 
« May    
Earth-News.info

The Earth News is an independent English-language daily published Website from all around the World News

Browse by Category

  • Business (20,132)
  • Ecology (700)
  • Economy (723)
  • Entertainment (21,613)
  • General (15,619)
  • Health (9,762)
  • Lifestyle (728)
  • News (22,149)
  • People (724)
  • Politics (729)
  • Science (15,940)
  • Sports (21,219)
  • Technology (15,707)
  • World (703)

Recent News

‘Half the tree of life’: ecologists’ horror as nature reserves are emptied of insects – The Guardian

Half the Tree of Life at Risk: Ecologists Warn as Insect Populations Plummet in Nature Reserves

June 29, 2025
Health, science cuts affect future jobs – The Acorn

Health, science cuts affect future jobs – The Acorn

June 29, 2025
  • About
  • Advertise
  • Privacy & Policy
  • Contact

© 2023 earth-news.info

No Result
View All Result

© 2023 earth-news.info

No Result
View All Result

© 2023 earth-news.info

Go to mobile version