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Supreme Court rules against Navajo Nation’s access to drought-stricken Colorado River, despite US treaty
Supreme Court rules against Navajo Nation’s access to drought-stricken Colorado River, despite US treaty
The Supreme Court ruled on Thursday against the Navajo Nation in a dispute concerning the tribe’s access to the drought-stricken Colorado River. Critics says the decision harms a community where an estimated one-third of tribal members lack running water and furthers the history of the US government breaking its promises to tribes. The case, Arizona v Navajo Nation, centres on the obligations of an 1868 treaty, which established the Navajo reservation as the tribe’s permanent home, following their forced removal from their ancestral lands by the United States military. The tribe argued that under the treaty, the US government has an obligation to evaluate the tribe’s need for water and factor that analysis into how it divides up water access to the Colorado River, which serves over 40 million people and passes through seven states. The US government, as well as the states of Arizona, Nevada, and Colorado, and various water districts in California, argued against the tribe in consolidated appeals. They claimed that the tribe’s interpretation of the treaty would undermine existing agreements on sharing the water from the Colorado and create and impose unsubstantiated obligations on the US government to develop water infrastructure for the tribe. In a 5-to-4 decision, all but one of the high court’s conservatives ruled against the tribe. “In light of the treaty’s text and history, we conclude that the treaty does not require the United States to take those affirmative steps,” Justice Brett Kavanaugh wrote in the majority opinion. “And it is not the Judiciary’s role to rewrite and update this 155-year-old treaty. Rather, Congress and the President may enact — and often have enacted — laws to assist the citizens of the western United States, including the Navajos, with their water needs.” The court’s three liberal justices, as well as the Trump-appointed Neil Gorsuch, an advocate for tribal rights, dissented. “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,” he wrote in his dissenting opinion. He argued, alongside the tribe, that the Navajo weren’t forcing the US government to immediately start building water infrastructure or changing water claims on the river, but rather begin the process of fully accounting for what the nation needed. Navajo representatives criticised the ruling. "My job as the president of the Navajo Nation is to represent and protect the Navajo people, our land, and our future,” Navajo Nation president Buu Nygren said in a statement after the ruling. “The only way to do that is with secure, quantified water rights to the Lower Basin of the Colorado River.” With a population of about 175,000 and a land mass larger than West Virginia, the Navajo Nation is the largest US tribal reservation, and the Colorado River and its tributaries flow alongside and through the tribe’s territory. “The US government excluded Navajo tribal citizens from receiving a share of water when the original apportioning occurred and today’s Supreme Court decision for Arizona v. Navajo Nation condoned this lack of accountability,” John Echohawk, executive director of the Native American Rights Fund, one of the many Indigenous groups that filed briefs in support of the Navajo Nation, said in a statement. “Despite today’s ruling, Tribal Nations will continue to assert their water rights and NARF remains committed to that fight.” In 2003, the Navajos sued the federal government regarding access to the Colorado River, while the tribe has also fought for access to a tributary, the Little Colorado River, in state court. As The Independent has reported, many on the Navajo nation struggle for basic water access. “If you run out [of water] in the evening, you have to get up earlier the next day to make sure that there’s water for the kids to wash hands, brush their teeth, make breakfast,” Tina Becenti told The Independent. “It was time-consuming and took a lot of energy.” Tribes were cut out of initial deals made to allocate the water on the Colorado River, leaving many to rely on thousands of unregulated wells, springs, and livestock troughs that are spread across the reservation, which can pose a serious health risk. According to the Environmental Protection Agency, these sources may contain bacterial or fecal contaminants, along with unsafe levels of uranium and arsenic – a legacy of mining on Navajo land which began with the US military’s Manhattan Project for nuclear weapons in 1944 and continued until 2005. The fate of the Colorado River has become increasingly contentious, as the vital waterway dwindles under heavy demand and a changing climate. In May, following years of tense negotiations, Arizona, California, and Nevada agreed to cut their use of water from the Colorado in exchange for $1.2bn in federal funding, a last-minute compromise that staved off catastrophic impacts to agriculture, electricity generation, and water supplies to major cities like Phoenix and Los Angeles. The high court decision follows a ruling this month on another topic with a long and complicated history involving tribal groups: adoption. Last week, a 7-2 majority ruled to preserve the Indian Child Welfare Act, defending the law’s preference for the foster care and adoption of Native children by their relatives and Tribes, which was implemented following investigations that revealed more than one-third of Native children were being removed from their homes and placed with non-Native families and institutions, cutting off important family and cultural ties. Louise Boyle and Alex Woodward contributed reporting to this story. Read More Father of 13 dies in Colorado rafting accident after saving his children from danger Feds announce start of public process to reshape key rules on Colorado River water use by 2027 Nevada fight over leaky irrigation canal and groundwater more complicated than appears on surface Supreme Court rules against Navajo Nation in Colorado River water rights case Feds announce start of public process to reshape key rules on Colorado River water use by 2027 Vegas water agency empowered to limit home water flows in future
2023-06-23 09:25
Trump reveals how many holes-in-one he’s aced – more than Rory McIlroy but fewer than Kim Jong-il
Trump reveals how many holes-in-one he’s aced – more than Rory McIlroy but fewer than Kim Jong-il
Former President Donald Trump has made plenty of bold claims about his achievements in the game of golf over the years — and he offered another one on Thursday when he claimed he’s made seven holes-in-one during his life. It’s a remarkable number. Rory McIlroy has apparently made just two holes-in-one in his professional golf career, one on the Abu Dhabi HSBC Golf Championship in 2015 and one on Thursday at the Travelers Championship in Cromwell, Connecticut. When it comes to world leaders, however, Mr Trump does not yet have the field beat. According to official accounts, Kim Jong-il, the former leader of North Korea, shot 11 holes-in-one in a single round during his first ever golf game at the Pyongyang Golf Course in 1994. Still, seven holes-in-one is no small accomplishment — and it’s not the first time Mr Trump has claimed it. Last year, Mr Trump also told Piers Morgan that he’d shot seven holes-in-one. That interview came just weeks after Mr Trump posed with a group including former PGA Tour professional Ernie Els after supposedly shooting a hole-in-one at a course in Commerce, Georgia. The dates of Mr Trump’s other supposed holes-in-one are less clear, but there is no question that the former president is an avid golfer. He owns courses in multiple countries and plays frequently, a habit that he continued even while serving his four years as president. But Mr Trump has also long been dogged by allegations that he cheats at golf. The former Sports Illustrated writer Rick Reilly in 2019 published a book titled Commander in Cheat: How Golf Explains Trump that delves into the former president’s relationship with the game. “Trump doesn’t just cheat at golf,” Reilly writes. “He throws it, boots it, and moves it. He lies about his lies. He fudges and foozles and fluffs. At Winged Foot, where Trump is a member, the caddies got so used to seeing him kick his ball back onto the fairway they came up with a nickname for him: ‘Pele.’” Reilly also claims that Mr Trump’s boast that he has won 18 club championships in his life — made a decade ago to Mark Cuban — is a lie. Reilly has said that whenever the former president has opened a new golf club he plays the first club championship by himself and declares himself the winner. “Donald’s Trump’s boast about winning 18 club championships is a lie that’s so over-the-top Crazytown it loses all credibility among golfers the second it’s out of his mouth,” Reilly wrote. Mr Trump has bigger issues to deal with than his golf record. He’s running for president again, this time under federal indictment for mishandling classified documents. Read More Trump news – live: Trump pleads for help from Congress as DoJ shares first classified documents evidence Trump, DeSantis interviews show Fox influence on GOP field still strong despite troubled year Ivanka and Jared split over attending Trump 2024 launch – follow live Why was Donald Trump impeached twice during his first term? Four big lies Trump told during his 2024 presidential announcement
2023-06-23 09:24
Tata Steel Says It Won’t Reach Emissions Goal With Current Tech
Tata Steel Says It Won’t Reach Emissions Goal With Current Tech
Tata Steel Ltd. says it won’t be able to achieve a goal to cut emissions by 2030 unless
2023-06-23 08:23
Mexico Top Court Invalidates Second Part of AMLO Electoral Plan
Mexico Top Court Invalidates Second Part of AMLO Electoral Plan
Mexico’s top court invalidated the second half of an electoral reform supported by President Andres Manuel Lopez Obrador
2023-06-23 07:54
San Francisco Mayor Floats Razing Mall in Crisis-Ridden Downtown
San Francisco Mayor Floats Razing Mall in Crisis-Ridden Downtown
San Francisco Mayor London Breed called on investors to redevelop the city’s struggling downtown core by converting or
2023-06-23 06:53
George Santos’s Father and Aunt Are Guarantors of His Bond
George Santos’s Father and Aunt Are Guarantors of His Bond
The two people who secretly guaranteed George Santos’s $500,000 bond were identified as his father and aunt, as
2023-06-23 04:56
Biden Says Dictator Remark About Xi Hasn’t Undermined Ties
Biden Says Dictator Remark About Xi Hasn’t Undermined Ties
President Joe Biden said his remarks referring to Chinese leader Xi Jinping as a dictator haven’t undermined efforts
2023-06-23 02:57
Fed’s Powell Says US May Need One or Two More Rate Hikes in 2023
Fed’s Powell Says US May Need One or Two More Rate Hikes in 2023
Federal Reserve Chair Jerome Powell said returning US inflation to 2% is crucial to support the long-term health
2023-06-23 00:56
Egypt Climate Bond May Get Vital Guarantee From Asian Bank
Egypt Climate Bond May Get Vital Guarantee From Asian Bank
The Asian Infrastructure Investment Bank, a multilateral development bank, is in talks to guarantee a climate-related bond being
2023-06-22 23:56
Hog Herds to Shrink as US Farms Lose Money, Smithfield Warns
Hog Herds to Shrink as US Farms Lose Money, Smithfield Warns
American pig farmers are losing so much money that some may soon start selling the corn they would
2023-06-22 23:53
Kamala Harris says goddaughter’s friends are choosing college towns on abortion legalisation
Kamala Harris says goddaughter’s friends are choosing college towns on abortion legalisation
Vice President Kamala Harris has said she knows of young people choosing which college they want to attend based on how restrictive the abortion laws are in that state. Commenting in an interview for the Roe v Wade retrospective on MSNBC’s The ReidOut, Ms Harris said her goddaughter told her that her friends wanted to attend schools in states where there was more freedom in terms of reproductive rights. Ms Harris told the roundtable: “When the decision came down she told me ‘Do you know what’s happening? My friends – whatever gender – are starting to make decisions about where they will actually go to college depending on what’s happening in that state.’” “Because of course, if you look at it, I think the number is something like 23 million women of reproductive age live in states that have banned abortion, and what that is gonna mean for those 23 million, for the myriad of health care issues that are at stake ... It’s having a real impact on all types of decisions people make,” she added. The show took a look back at the decision to overturn the landmark Roe v Wade decision that legalised abortion in the US in 1973 when the Supreme Court ruled that “unduly restrictive state regulation of abortion is unconstitutional”. In 2022, the Supreme Court, packed with three Trump-era appointees, overturned Roe v Wade and returned decisions on abortion freedom to the states. Since then, a number of states have introduced effective abortion bans that limit the procedure to the very early days of pregnancy – often before women are aware they are pregnant. Some states have also criminalised assisting women with accessing abortion, and limited abortion to cases of rape or incest. Ms Harris said that the Supreme Court’s decision last year had infringed on women’s rights. “The idea that the highest court in our land just did that and rolled back rights that had been recognized was incredibly shocking,” she said on MSNBC. She said that after she learned the news of the ruling, she called her husband and shared some “words not meant for television at this moment”. Ms Harris went on to say that the ruling means that some have to “suffer in silence,” the thought of which made her “angry and sad”. Read More Where abortion laws stand in every state a year after the Supreme Court overturned Roe A year after fall of Roe, 25 million women live in states with abortion bans or tighter restrictions Judge to weigh suspending Wyoming's first-in-the-nation ban on abortion pills US prepares for potential end of Roe v Wade - live When will there be a Roe v Wade decision? Why these prosecutors are refusing to enforce anti-abortion laws
2023-06-22 23:49
Utility’s Mystery 952% Rally Prompts Polish Regulator Probe
Utility’s Mystery 952% Rally Prompts Polish Regulator Probe
The Polish Securities Commission is investigating potential insider trading in the shares of utility EC Bedzin SA after
2023-06-22 23:49
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