ELR Citation: 53 ELR 20095
No(s). 21-1484 (U.S. Jun 22, 2023)

The U.S. Supreme Court held, 5-4, that an 1868 peace treaty between the Navajo Nation and the United States establishing the Navajo Reservation reserved necessary water to accomplish the purpose of the reservation, but did not require the U.S. government to take affirmative steps to secure water for the tribe. The tribe brought a breach-of-trust claim, seeking to compel the government to take affirmative steps to secure water for the tribe—for example, by assessing the tribe’s water needs, developing a plan to secure needed water, and potentially building pipelines, pumps, wells, or other water infrastructure. A district court dismissed the suit, and the Ninth Circuit reversed, holding the U.S. government had a duty under the treaty to take affirmative steps to secure water for the tribe. The Supreme Court found the treaty did not establish a conventional trust relationship with respect to water, and concluded its text and history did not require the government to take such affirmative steps. It further explained that it is Congress' and the president's "responsibility to update federal law as they see fit" to address modern water needs. It reversed the Ninth Circuit ruling. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C.J., and Thomas, Alito, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion. Gorsuch, J., filed a dissenting opinion, in which Sotomayor, Kagan, and Jackson, JJ., joined.