[CedarDave]

Excellent discussion of the decision. Whether one may agree or disagree with the decision or with Justice Gorsuch's dissent, issues arising from the 1868 Navajo Nation treaty still are being litigated today, after 155 years of controversy.

[Dr. Sivana]

We got LOTS of rain last winter. One problem in AZ is that the Saudis are sucking out groundwater for high water need crops that will be exported. Not the best use of a finite resource.

[Leaning Right]

Excellent discussion, except that every bad thing is (again) the fault of climate change:

“The decision was released as worldwide climate change has begun to dramatically dry up the desert southwest.”

[moovova]

The Trail of Dry Tears.

[desertsolitaire]

I have had a thought.
If there is such need for potable water in the desert SouthWest US, and the Antarctic ice sheets are such a feared variable in melting and raising global sea levels....
Why not move heaven and earth to transport (secure and tow?) the “ dangerous fresh-water glacial ice sheet from Antarctica to the Desert SouthWest to be put to good use? I suspect its an easier engineering feat than terraforming Mars for human habitation... Thoughts?

[Southside_Chicago_Republican]

Bookmark

[coloradan]

“The decision was released as worldwide climate change has begun to dramatically dry up the desert southwest.”

This statement assumes facts not in evidence. Left unmentioned is the possible increase in draw from the much larger population, golf courses, the NSA’s need for cooling water in its Utah Center For Violations Of All Citizen’s Fourth Amendment Rights, etc. Nope, just “climate change”.

[CedarDave]

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[Lockbox]

My suggestion is for The Nation to place pumps along the Colorado River where it touches their nation and take all the water they need. Too bad the US did not include that in the deal and since The Nation is a separate and let the UN enter into the deal. Tie the deal up in different governments, courts and other entities but keep pumping....

[ProtectOurFreedom]

The Nation had argued that the 1868 treaty did more than establish bare property rights. The Old Paper, it said, established an ongoing relationship between the tribe and the United States, often referred to as the general trust relationship or the duty of protection, that placed obligations on the federal government to act to fulfill the purposes of the treaty. It also argued that Indian land cession treaties necessarily granted a reservation the right to enough water to maintain its land. The Nation relied on the canons of construing Indian treaties, which requires the judiciary to interpret treaty language as tribal treaty negotiators would have understood it. The majority instead characterized the Nation’s argument as a demand to “rewrite and update this 155-year-old treaty.”

I've lived many years close to tribal reservations in upstate New York and North Idaho, so this strikes me as yet another in a long line of abuses of the natives in North America. How can we grant them reservations but not provide enough water?

I'm yet again reminded of what happened to this maiden...

[MinorityRepublican]

Neil Gorsuch is usually good but he's squishy when it comes to Native Americans. The Americans came and conquered the land. Might is right. As simple as that. It's done with. We are giving Native Americans their casinos and some exemptions from taxes so they can sell tobacco for cheap. That should be about it.

One more Justice, we'll have the Supreme Court give all the land back to the Native Americans. You can't do that lol.

[dpetty121263]

Well once again the Federal Gov screws the Indian..

[yefragetuwrabrumuy]

A LOT of the old Indian treaties are filled with mindless and often unintelligible crap. They need a slow, methodical, tribe-by-tribe rewrite, emphasizing the following:

1) The actual treaty in a legible format.

2) Definition of borders, boundaries, maps, rights and responsibilities as a sovereign nation within a sovereign nation.

3) Delineation of federal, state, and tribal laws, criminal, civil and business. Tribes are currently excluded from US businesses in many cases by an absence of business law.

4) Inclusion of native peoples not previously recognized as having a special relationship with the government, to include Hawaiian and Pacific Islanders, Alaskan natives, and others.

As you can tell, this is not an easy project and could take 30-50 years.

[GingisK]

Of course its just silly to look at the original treaty. We don’t honor those things.

[nwrep]

Gorsuch is just a sucker for native Americans. He must have had a hot GF who was Native.

[ding_dong_daddy_from_dumas]

Roberts,Thomas,Alito,Coney Barrett,Kavanaugh in the majority

[mad_as_he$$]

Oh, so this time the Great White Father wants to stick to what is written in the treaty. /s

[coalminersson]

The answer to water needs in the southwest is desal lining the west coast. Aqueducts sending water to Arizona, NM and Nevada. To the warmist who fear rising ocean levels, we can use and drink down the salt water. Gov Newsome has a hard on for Huntington Beach. They kept the beach open during his covid lockdown. So 6 months ago, his coastal commission denied HB a license to build a desal plant. Vote 11-0. The next day he bully-pulpited us about drought. A few years ago they approved one for Carlsbad, now operational. Cal no plan for water, no plan for power.

[LegendHasIt]

The Navajos would be lots better off anyway, hiring their own experts rather than having the Feds do it for them.

Might cost them a few bucks up front, but in the long run, they will get a better deal.

[Theophilus]

Glo-bull warming propaganda!

[Sequoyah101]

Wonderful.

The USSC, telling us what laws and contracts “really” mean as the conditions of the time warrant for 234 years.