Opinion: Water injustice on display in the Southwest US
A Supreme Court ruling against the Navajo Nation is the latest blow to the tribe in a long-standing fight for water.
“A man from the West will fight over three things: water, women and gold, usually in that order.”
While this quote from former Arizona Senator Barry Goldwater is dated, one thing holds true: water in the West is still the source of heartaches. One stark example: In 2022, Arizona experienced the worst drought conditions in more than 1,000 years, which dried up reservoirs, exposed regulatory loopholes and further exposed environmental injustice.
As a Diné water quality scientist who grew up on the Navajo Nation, which spans Arizona, New Mexico and Utah, the topic of Arizona drought is often discussed in my professional and private life. The beginning of 2023 was the 20th year of continued litigation in which the Navajo Nation is trying to obtain rights to the Colorado River in Arizona v Navajo Nation. The Navajo Nation has never had the infrastructure or support to have reliable access to clean water. In fact, our tribe has as many as 60,000 members who do not have access to running water. In March 2023, the Navajos took their water rights case to the U.S. Supreme Court and argued to have the U.S. determine the Navajos water needs and rights.
However, on June 22, 2023 the Supreme Court voted 5-4 that the U.S. owes no “affirmative duty” to the Navajo Nation to secure water, reversing a decision by the U.S. Court of Appeals for the 9th Circuit. The majority ruled that the 1868 Treaty of Bosque Redondo established no federal obligation to do so.
