Indianz.Com > News > ‘Callous disrespect for tribal treaty rights’: Tribes blast government attorney for U.S. Supreme Court argument
‘Callous disrespect for tribal treaty rights’
Tribes blast government attorney for U.S. Supreme Court argument
Wednesday, March 22, 2023
Indianz.Com
WASHINGTON, D.C. — Tribal leaders are calling on the Biden administration to re-examine its commitment to the nation-to-nation relationship following “shocking” arguments in a closely-watched U.S. Supreme Court case.
The Coalition of Large Tribes (COLT), which represents Indian nations with the largest land bases in the United States, said an attorney from the Department of Justice (DOJ) displayed “callous disrespect for tribal treaty rights” during a lengthy hearing on Monday morning. In a statement, the organization accused the federal government’s legal agency of undermining President Joe Biden’s stated commitments to Indian Country.
“The callous disrespect for tribal treaty rights shown by the United States Department of Justice is shocking,” COLT said after the arguments. “DOJ routinely undercuts all the good work other departments are doing to uplift Indian Country.”
“It does not matter how much goodwill is elsewhere in the administration if DOJ continues to spout outdated colonialist arguments in the courts,” the tribal organization continued.
“Honoring treaty obligations cannot be accomplished if your first step is always to argue you don’t have any obligations.”
Coalition of Large Tribes (COLT) Statement
colt032023
PDF: DOWNLOAD
With the case, the tribe wants the Department of the Interior to assess water needs on the reservation, which spans the states of Arizona, New Mexico and Utah, and develop a plan to meet those needs. Just days before the hearing, Navajo leaders advocated for their rights at a meeting with the U.S. Bureau of Reclamation, which is part of Interior. “The Navajo Nation represents one-third of all people who live on reservations,” Nygren said of the meeting on Friday with Camille Calimlim Touton, a Biden nominee who serves as Commissioner of the Bureau of Reclamation. “It is crucial that the Navajo Nation secure and protect our water rights.” During the argument, attorney Shay Dvoretzky noted that residents of the Navajo Reservation use far fewer resources than their neighbors in Arizona, New Mexico and Utah, whose governments have received allocations from the Colorado River. The Navajo Nation has not — and that’s the reason the tribe is in court. “The average American uses 88 to 100 gallons a day,” Dvoretzky told the justices. “New Mexico is 81, Utah is 169, Arizona is 146.” “The Navajo Nation is about seven gallons,” said Dvoretzky, who is based in Washington, D.C. Dvoretzky noted that the water use figures come from the U.S Geological Survey, also part of Interior. A brief submitted by DigDeep Right to Water Project, which has helped bring water to Navajo communities, and the Utah Tribal Relief Foundation, a non-profit that was established during the COVID-19 pandemic to address water and other needs on reservations in Utah, expands on the data. Most of the inquiries at the hearing were directed to Liu, who represented the Department of the Interior, and to Dvoretzky, who is in private practice. Liu was before the justices for around 52 minutes, including a short rebuttal at the end of the session. Dvoretzky was questioned for about 45 minutes. In comparison, the justices had little to say to Rita P. Maguire, a water law attorney based in Arizona who represented the states of Arizona, California, Colorado and Nevada, whose governments are seeking to overturn the tribe’s victory at the 9th Circuit Court of Appeals. She took questions for less than 13 minutes. A decision is expected before the end of the court’s current session, which is expected to conclude in the last week of June. But even if the tribe were to prevail, the question of its allocation from the Colorado River would still have to be resolved, potentially through more litigation. So far, the U.S. government has not allowed the Navajo Nation a seat at the table, a position that has persisted through multiple presidential administrations. “That may well require litigating on behalf of the Navajos or, at a minimum, allowing them to litigate on behalf of themselves, rather than taking the position the United States has taken — which is that it alone speaks for the Navajos,” Dvoretzky said during the hearing.On Friday, we hosted a gathering of the Upper Colorado River Commission, Upper Basin Tribes and the US Bureau of Reclamation in Lechee, AZ.
— Navajo Nation President Buu Nygren (@BuuVanNygren) March 20, 2023
The Navajo Nation represents one-third of all people who live on reservations. It is crucial that we secure and protect our water rights. pic.twitter.com/6rX6vZPkzA
U.S. Supreme Court Transcript: Arizona v. Navajo Nation / Department of the Interior v. Navajo Nation
21-1484_c07d
PDF: DOWNLOAD
9th Circuit Court of Appeals Decision
Navajo Nation v.
Department of the Interior (Filed April 28, 2021 / Amended February 17, 2022)
U.S. Supreme Court Documents
TranscriptQuestion Presented: Arizona v. Navajo Nation
Question Presented: Department of the Interior v. Navajo Nation
Docket No. 21-1484: Arizona v. Navajo Nation
Docket No. 22-51: Department of the Interior v. Navajo Nation
Tribal Supreme Court Project Documents
Arizona v. Navajo Nation (sct.narf.org)Department of the Interior v. Navajo Nation (sct.narf.org)
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