About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (July 5, 2023)

handle is hein.crs/govemdj0001 and id is 1 raw text is: Con gressionaI AResearch Servic Reserved but Not Secured: Supreme Court Sinks Navajo Nation's Attempt to Compel Federal Action on Tribal Water Rights July 5, 2023 On June 22, 2023, the Supreme Court issued its decision in two consolidated cases (hereinafter Navajo Nation) involving the Navajo Nation's rights to water on the Navajo Reservation, which generally lie within the Colorado River basin. In Navajo Nation, the Court reaffirmed that the United States had reserved water rights on the Navajo Nation's behalf pursuant to a treaty establishing the Navajo reservation as a permanent home, but rejected the implication that the United States could be required to take affirmative steps as trustee to assess or secure those rights. The Supreme Court's decision arose in the contexts of the United States' trust responsibility toward federally recognized Indian Tribes and of tribal water rights, stemming from two landmark Supreme Court cases: Winters v. United States and Arizona v California. This Sidebar examines that legal background before summarizing the Navajo Nation opinions and discussing considerations for Congress. The United States' Trust Responsibility Toward Tribes The Supreme Court has long recognized the undisputed existence of a general trust relationship between the United States and the Indian people. The Court has described the trust relationship as a humane and self-imposed policy under which the United States charges itself with moral obligations of the highest responsibility and trust, such that its conduct should be judged by the most exacting fiduciary standards. The exact contours of the trust relationship, however, and the extent to which the United States may have a common-law fiduciary duty to act for Tribes' benefit, may vary depending on courts' interpretation of the treaties, statutes, and regulations involved. Tribal Reserved Water Rights: Winters v. United States Among the facets of trust relationship-and one expressly reaffirmed by the Court in Navajo Nation-is the Winters doctrine, derived from the 1908 Supreme Court opinion in Winters v. United States. The Congressional Research Service https://crsreports.congress.gov LSB11001 CRS Legal Sidebar Prepared for Members and Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most