Supreme Court narrowly divided on whether Navajo Nation water dispute can move forward

The Supreme Court heard arguments on Monday regarding the Navajo Nation’s effort to maintain their lawsuit seeking additional water for their Arizona-based reservation. Attorneys for the tribe argued that, citing an 1868 treaty, the federal government is required to offer access to water resources, but U.S. attorneys argued this was not part of the treaty. The case comes amidst a severe drought in the tribe’s Western U.S. territory and a lack of access to clean, reliable drinking water in their homes.

By the end of the arguments, a majority on the Supreme Court seemed to indicate the potential for the tribe to proceed with their claim. However, the final decision by Republican-appointed Justices Amy Coney Barrett and Neil Gorsuch will determine whether the case moves forward.

A win for the tribe would not result in more water for the nearly 175,000 people living on the reservation. Rather, the tribe wants the Department of the Interior to factor in their needs in Arizona and create a plan to fulfill those needs.