Supreme Court agrees to review a 9th Circuit Court decision that held the Navajo Nation has a right to take more water from the Colorado River.
With California and the Southwest facing a historic drought, the Supreme Court agreed Friday to review a 9th Circuit Court decision that held the Navajo Nation has a right to take more water from the Colorado River.
“It is clear that the reservation cannot exist as a viable homeland for the Nation without an adequate water supply,” wrote Judge Ronald Gould, yet “many homes on the reservation lack running water.” Both the Biden administration and the state of Arizona asked the justices to review and overturn the appeals court decision, and they were joined by other water authorities, including the Metropolitan Water District of Southern California.the 9th Circuit’s ruling “immediately threatens the security of existing entitlements” to water from the Colorado River. This water “is already fully allocated and is experiencing a mega drought accompanied by drastically depleted storage in Lake Mead.
The state’s lawyers said the 9th Circuit Court should have steered clear of the issue entirely because the Supreme Court itself has for decades overseen the allocation of water from the Colorado River in the case of Arizona vs. California.
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