The Supreme Court’s recent 5-to-4 decision in Arizona v. Navajo Nation continues a legacy of restricted water access for Indigenous peoples and limits their access to abundant drinking water, clean drinking water, and adequately treated residential and industrial wastewater. The Nation argues that under the Treaty of Bosque Redondo, the federal government has a duty to establish and secure water and water rights for the reservation under its trust. Writing for the majority, Justice Brett Kavanaugh argued the treaty only established property rights and did not obligate the government to assist in tribal requests. Water, the key to life, is a fundamental right for all humans. However, Native A
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