The Supreme Court on Monday considers whether to allow the Navajo Nation to pursue a claim that the federal government has a duty to address the Native American tribe's water rights.
The Biden administration and the three states appealed after the San Francisco-based 9th U.S. Circuit Court of Appeals ruled in favor of the Navajo Nation in 2021, saying it could sue the government for an alleged failure to carry out its duties on behalf of the tribe.The tribe, which first signed a treaty with the United States in 1849, argues
The federal government says the tribe is seeking to reopen already decided cases that determine how water in the river is allocated.“The United States has a general trust relationship with Indian tribes," Solicitor General Elizabeth Prelogar wrote in court papers."But the existence of that general relationship does not itself establish any judicially enforceable duties against the United States.
Colorado’s lawyers said in that state’s brief that a ruling for the tribe would cause “immediate and long-term disruptions to the coordinated management of the Colorado River."
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