Oral Presentations
A Nation Without Water: An Analysis of the Navajo Nation's Water Crisis
Presentation Type
Presentation
Faculty Mentor’s Full Name
Soazig Le Bihan
Faculty Mentor’s Department
Philosophy
Abstract / Artist's Statement
For decades Native American Tribes have fought to clarify their rights when it comes to natural resources, taxation, and treaties. The Navajo Nation in the Southwest has struggled to assess and attain the appropriate minimum water rights on their Reservation as granted through the Treaty of 1868. Currently, the Navajo Nation largely lacks access to water and infrastructure on the vast majority of their reservation. As the conditions of drought worsen in the Southwest, the Navajos continue to interject to clarify their rights to water, most recently in the Supreme Court case, Arizona v Navajo Nation (2023). The Indian Trust Doctrine grants some level of protection from the Federal government, yet no help or assessment has been given to the Navajo Nation in the form of water access or judicial recourse. In this paper, I argue that the Federal government, at a minimum, should provide judicial recourse for the Navajo Nation in water debates and more strongly, holds an obligation to provide water assessment and access for the Tribe. I make my case by assessing the relationship between the Federal government and the Tribe. Whether one considers the relationship to be contractual or fiduciary, I make the argument that the federal government is responsible.
Category
Humanities
A Nation Without Water: An Analysis of the Navajo Nation's Water Crisis
UC 331
For decades Native American Tribes have fought to clarify their rights when it comes to natural resources, taxation, and treaties. The Navajo Nation in the Southwest has struggled to assess and attain the appropriate minimum water rights on their Reservation as granted through the Treaty of 1868. Currently, the Navajo Nation largely lacks access to water and infrastructure on the vast majority of their reservation. As the conditions of drought worsen in the Southwest, the Navajos continue to interject to clarify their rights to water, most recently in the Supreme Court case, Arizona v Navajo Nation (2023). The Indian Trust Doctrine grants some level of protection from the Federal government, yet no help or assessment has been given to the Navajo Nation in the form of water access or judicial recourse. In this paper, I argue that the Federal government, at a minimum, should provide judicial recourse for the Navajo Nation in water debates and more strongly, holds an obligation to provide water assessment and access for the Tribe. I make my case by assessing the relationship between the Federal government and the Tribe. Whether one considers the relationship to be contractual or fiduciary, I make the argument that the federal government is responsible.