Supreme Court of the United States
Arizona v. Navajo Nation
June 22, 2023599 U.S. 555
Summary
Justice Kavanaugh, joined by Chief Justice Roberts and Justices Thomas, Alito, and Barrett, held that the 1868 treaty reserved water necessary for the Navajo Reservation but did not require the United States to assess the Tribe’s water needs, provide an accounting, develop a plan, or otherwise take affirmative steps to secure water. Judicially enforceable federal trust duties must derive from treaty, statutory, or regulatory provisions, including when a tribe seeks equitable relief. The Court reversed the Ninth Circuit. Justice Thomas concurred separately, questioning the constitutional and historical foundations of a general Indian trust relationship and its influence on other Indian-law doctrines. Justice Gorsuch, joined by Justices Sotomayor, Kagan, and Jackson, dissented, characterizing the requested relief as an accounting of water rights held in trust and correction of any misappropriation. He would have affirmed and allowed the suit to proceed.
Holding
- Whether the treaties impose an affirmative federal duty to secure water for the Navajo Tribe.. The 1868 treaty reserves necessary water for the reservation but imposes no duty on the United States to take affirmative steps to secure water, including determining water needs, providing an accounting, or developing a plan. The 1849 treaty likewise imposes no such duty.
- Whether the source-of-duty framework applies to equitable breach-of-trust claims.. The requirement to identify federal trust obligations in a treaty, statute, or regulation applies to claims for equitable relief as well as claims for damages.
Docket 21-1484
Cited authorities
- 28 U.S.C. § 1505
- 15 Stat. 668
- 9 Stat. 974
- 15 Stat. 667
- 134 Stat. 3227
- 123 Stat. 1372
- 118 Stat. 3487
- 76 Stat. 96