
Click the link to read the article on the AZCentral.com website (Arlyssa D. Becenti and Shaun McKinnon) Here’s an excerpt:
Writing for the majority, Justice Brett Kavanaugh said the U.S. treaty with the Navajo Nation “said nothing about the affirmative duty for the United States to secure water.”
“Rather, Congress and the President may enact — and often have enacted — laws to assist the citizens of the western United States, including the Navajos, with their water needs,” he wrote.
Kavanaugh was joined in the majority by Chief Justice John Roberts and Associate Justices Clarence Thomas, Samuel Alito and Amy Coney Barrett. Dissenting were Justices Neil Gorsuch, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson…
Navajo Nation President Buu Nygren and Speaker Crystalyne Curley expressed their disappointment in the decision.
“Today’s ruling is disappointing and I am encouraged that the ruling was 5-4,” said Nygren. “It is reassuring that four justices understood our case and our arguments.”
He said Navajo Nation lawyers will continue to analyze the opinion, and he remains undeterred in obtaining quantified water rights for the Navajo Nation in Arizona. He also said the Navajo Nation established a water rights negotiation team earlier this year and are working very hard to settle the tribe’s water rights in Arizona.

