The Supreme Court appears to be split in a dispute between the federal government and the Navajo Nation over water from the drought-stricken Colorado River.
The high court heard arguments Monday, March 20, 2023, in a case that states argue could upend how water is shared in the Western U.S. if the court sides with the tribe. – The Supreme Court seemed split Monday as it weighed a dispute involving the federal government and the Navajo Nation’s quest for water from the drought-stricken Colorado River.
Arguing on behalf of the Biden administration, attorney Frederick Liu said that if the court were to side with the Navajo Nation, the federal government could face lawsuits from many other tribes. Justice Brett Kavanaugh also asked about the potential consequences of siding with the Navajo Nation, pointing to a brief that said more water for the tribe would necessarily mean less water for Arizona, striking “at the heart of the social and economic livelihood” of the state “with dire consequences.”
“Is it possible to have a permanent home, farm and raise animals without water?” Justice Neil Gorsuch asked at one point during arguments, suggesting sympathy for the tribe’s case.
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