Gorsuch’s Dissent and the Current State of Navajo Water Rights Claims

Water rights have been a key feature of the Navajo Nation’s relationship with the United States. Since the time the Navajo were forcibly removed to the Bosque Redondo in the 1860s, the Tribe has fought for sufficient access to water. A key, but unfortunate, moment in this dispute came when the United States Supreme Court, in Arizona v. Navajo Nation, determined that the 1868 treaty between the United States and the Navajo Nation did not require the United States to take steps to secure water for the Tribe. The Navajo Nation is now on the cusp of settling its Colorado River water rights claims in Arizona and is currently awaiting Congressional action on a proposed settlement. This Note explores the Court’s decision in Arizona v. Navajo Nation and argues that the Court should have adopted the analysis Justice Gorsuch laid out in dissent. Additionally, challenges associated with the settlement process are discussed.