The case Arizona v The Navajo Nation has to deal with the allocation of water in the Colorado River. In 1868 a treaty was made between the Federal Government and the people of the Navajo Tribe allocating them reservations for a permanent home in parts of Arizona, New Mexico, Utah, and practically the entire drainage basin for the Colorado River.
Although, because of droughts the right to allocate water from the Colorado River was given to the Federal Government. The Navajo Tribe immediately struck back at this claiming the Federal government failed to consider their rights to the Colorado River since technically the river system lies on their land secured through a treaty. The Navajo never contended with the fact that the Government interfered with their access to water, but rather believe if the Government is claiming control of the river system it is their responsibility to take "affirmative steps" to secure water for the tribe itself. This is when the states of Arizona, Colorado, and Nevada stepped in wanting to ensure their own access to the Colorado River making the matter more difficult.
It was mentioned in the original 1868 treaty did not suggest the Government had to take subsequent steps to provide the Navajo Nation with things like pumps or wells to help secure water no more than they needed to provide the Navajo Nation with roads or bridges, Contradicting this opinion, Justice Gorsuch argued that the 1868 treaty did ensure the Navajo tribe with a "permanent home" and no people can make a permanent home anywhere without access to water. The Navajo Tribe had a simple ask, for the Government to identify the water needs of their tribe and formulate a plan to meet them.
This did not happen as technically there is no law saying the government has to meet the tribe's water needs. On June 22, 2023, it was decided in a 5-4 decision by the Supreme Court that the Navajo Reservation had already reserved the necessary water to accomplish the purpose of establishing the reservation itself in 1868, but the 1868 treaty does not further require the US Government to secure water for the tribe.
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