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UC Law Environmental Journal

Abstract

Water in the American southwest is fiercely fought over. The Colorado River, a primary water source in the region, has produced volumes of litigation, such that it has come to be known as the “Law of the River.” With states, tribes, individuals, and the federal government all vying for water, not all will succeed. The Article begins by discussing the Court’s decision in Arizona v. Navajo Nation, demonstrating that agreements with tribes under treaty will no longer be afforded the same protections when ambiguity exists, and, in the battle for water, tribes will be among the first to suffer the impacts. The Article then explores the Ninth Circuit decision, Washington v. United States, to provide a comparison where treaties were viewed more broadly. Finally, the Article delves into the implications these cases will have on the tribes, which will have devastating impacts on their communities and their very ability to survive.

The first people came up through three worlds and settled in the fourth world . . . The surface of the fourth world was mixed black and white, and the sky was mostly blue and black. There were no sun, no moon, no stars, but there were four great snow-covered peaks on the horizon in each of the cardinal directions. Creation of First Man and First Woman, Navajo Nation.

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