From Look West <[email protected]>
Subject Navajo Nation loses water rights case at Supreme Court
Date June 23, 2023 1:38 PM
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In a 5-4 ruling, the Supreme Court on Thursday ruled against the Navajo Nation

Look West: Public lands and energy news from the Center for Western Priorities


** Navajo Nation loses water rights case at Supreme Court
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Friday, June 23, 2023
The Little Colorado River, looking upstream towards the Navajo Nation. Al_HikesAZ, CC BY-NC ([link removed]) .

In a 5-4 ruling, the Supreme Court on Thursday ruled against the Navajo Nation ([link removed]) in a water rights case, finding that an 1868 treaty with the United States did not require the federal government to ensure the Tribe's access to water.

The opinions in the case even disagreed about what the Navajo Nation was asking of the Court. In the majority opinion, Justice Brett Kavanaugh said the 1868 peace treaty did not require the federal government to take "affirmative steps" to secure water for the Tribe.

In a scathing dissent ([link removed]) , Justice Neil Gorsuch joined the three liberal justices to say the Navajo request was much smaller, and that the United States had violated the treaty while giving the Tribe the runaround for decades.

“To date, their efforts to find out what water rights the United States holds for them have produced an experience familiar to any American who has spent time at the Department of Motor Vehicles,” Gorsuch wrote ([link removed]) . “The Navajo have waited patiently for someone, anyone, to help them, only to be told (repeatedly) that they have been standing in the wrong line and must try another.”

The New York Times reported ([link removed]) that Gorsuch “looked forlorn” while Kavanaugh read from the bench, bowing his head and closing his eyes as Kavanaugh conlcuded his summary.


** BLM Restoration Landscapes: Muddy Creek and North Park
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In celebration of the Bureau of Land Management's announcement of $161 million to fund Restoration Landscapes ([link removed]) , Look West is highlighting landscapes across the West each day. Today's landscapes are Wyoming's Muddy Creek and Colorado's North Park. Nearly facing each other across the state line, both landscapes are core sagebrush habitat. Muddy Creek supports a rare community of native fish, while North Park is one of the largest wetland complexes in Colorado. Across the two landscapes, BLM will spend $15 million to restore more than 600,000 acres.
Quick hits


** What's to be done about the wild horse herds of the American West?
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Sierra Magazine ([link removed])


** One-of-a-kind tribal agreement will help endangered fish in the Colorado River Basin
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Colorado Sun ([link removed])


** Supreme Court rules against Navajo Nation in water rights case
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New York Times ([link removed]) | NBC News ([link removed]) | Associated Press ([link removed]) | Washington Post ([link removed]) | E&E News ([link removed]) | Los Angeles Times ([link removed])


** Gorsuch dissent is latest in long line siding with Native American claims
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MSNBC ([link removed])


** A framework for federal mining reform
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Center for American Progress ([link removed])


** Feds trigger lead ammo debate with refuge hunting proposals
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E&E News ([link removed])


** Rocky Mountain National Park selects new superintendent
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Daily Camera ([link removed])
Quote of the day
” Through the sacrifices and prayers of our ancestors, we secured the right to have access to water based on our treaties. Our leaders negotiated the terms of our treaties in good faith with the federal government. Today’s ruling will not deter the Navajo Nation from securing the water that our ancestors sacrificed and fought for—our right to life and the livelihood of future generations.”
—Crystalyne Curley, Speaker of the 25th Navajo Nation Council ([link removed])
Picture this


** @NatlParkService ([link removed])
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PIKA CHEW! Pikas have rounded ears, light brown and gray fur, long whiskers and no electrical abilities. The body is egg-shaped and the underside is a light color. They resemble their close relative, the rabbit, but with short, rounded ears. 📸: @craterlakenps ([link removed])

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