By Tyler Mebane.
In 2023, the Supreme Court decided Arizona v. Navajo Nation. In a 5–4 decision, the Court ruled against the Navajo Nation, holding that while their reservation does have an implied water right under U.S. v. Winters, the trust relationship between the tribe and the federal government does not obligate the government to quantify this water right or help the tribe develop it. This Note argues that despite this loss at the Court, other factors surrounding the state of the Colorado River have left the Navajo Nation with a surprising amount of leverage in water right negotiations, and that the Nation can and should use this leverage to settle their reservation’s water right on favorable terms. Full Article.