Native Americans
Feds Want Justices to End Navajo Fight for Colorado River Water
States that rely on water from the over-tapped Colorado River want the U.S. Supreme Court to block a lawsuit from the Navajo Nation that could upend how water is shared in the Western U.S.
The tribe doesn't have enough water and says that the federal government is at fault. Roughly a third of residents on the vast Navajo Nation don't have running water in their homes.
More than 150 years ago, the U.S. government and the tribe signed treaties that promised the tribe a "permanent home" — a promise the Navajo Nation says includes a sufficient supply of water. The tribe says the government broke its promise to ensure the tribe has enough water and that people are suffering as a result.
The federal government disputes that claim. And states, such as Arizona, California and Nevada, argue that more water for the Navajo Nation would cut into already scarce supplies for cities, agriculture and business growth.
The high court will hold oral arguments Monday in a case with critical implications for how water from the drought-stricken Colorado River is shared and the extent of the U.S. government's obligations to Native American tribes.
A win for the Navajo Nation won't directly result in more water for the roughly 175,000 people who live on the largest reservation in the U.S. But it's a piece of what has been a multi-faceted approach over decades to obtain a basic need.
Tina Becenti, a mother of five, made two or three short trips a day to her mom's house or a public water spot to haul water back home, filling several five-gallon buckets and liter-sized pickle jars. They filled slowly, sapping hours from her day. Her sons would sometimes help lift the heavy containers into her Nissan SUV that she'd drive carefully back home to avoid spills.
"Every drop really matters," Becenti said.
That water had to be heated then poured into a tub to bathe her young twin girls. Becenti's mother had running water, so her three older children would sometimes go there to shower. After a couple of years, Becenti finally got a large tank installed by the nonprofit DigDeep so she could use her sink.
DigDeep, which filed a legal brief in support of the Navajo Nation's case, has worked to help tribal members gain access to water as larger water-rights claims are pressed.
Extending water lines to the sparsely populated sections of the 69,000-square-kilometer reservation that spans three states is difficult and costly. But tribal officials say additional water supplies would help ease the burden and create equity.
"You drive to Flagstaff, you drive to Albuquerque, you drive to Phoenix, there is water everywhere, everything is green, everything is watered up," said Rex Kontz, deputy general manager of the Navajo Tribal Utility Authority. "You don't see that on Navajo."
The tribe primarily relies on groundwater to serve homes and businesses.
For decades, the Navajo Nation has fought for access to surface water, including the Colorado River and its tributaries, that it can pipe to more remote locations for homes, businesses and government offices.
It's a legal fight that resonates with tribes across the U.S., said Dylan Hedden-Nicely, the director of the Native American Law Program at the University of Idaho and an attorney representing tribal organizations that filed a brief in support of the Navajo Nation.
The Navajo Nation has reached settlements for water from the San Juan River in New Mexico and Utah. Both of those settlements draw from the Colorado River's Upper Basin.
The tribe has yet to reach agreement with Arizona and the federal government for water rights from the Colorado River in the Lower Basin that includes the states of California, Arizona and Nevada. It also has sought water from a tributary, the Little Colorado River, another major legal dispute that's playing out separately.
In the U.S Supreme Court case, the Navajo Nation wants the U.S. Department of the Interior to account for the tribe's needs in Arizona and come up with a plan to meet those needs.
A federal appeals court ruled the Navajo Nation's lawsuit could move forward, overturning a decision from a lower court.
Attorneys for the Navajo Nation base their claims on two treaties the tribe and the U.S. signed in 1849 and 1868. The latter allowed Navajos to return to their ancestral homelands in the Four Corners region after being forcibly marched to a desolate tract in eastern New Mexico.
The Navajo Nation wants the Supreme Court to find that those treaties guaranteed them enough water to sustain their homeland. And the tribe wants a chance to make its case before a lower federal court.
The federal government says it has helped the tribe get water from the Colorado River's tributaries, but no treaty or law forces officials to address the tribe's general water needs. The Interior Department declined to comment on the pending case.
"We absolutely think they're entitled to water, but we don't think the lower Colorado River is the source," said Rita Maguire, the attorney representing states in the Lower Basin who oppose the tribe's claims.
If the Supreme Court sides with the Navajo Nation, other tribes might make similar demands, Maguire said.
Arizona, Nevada and California contend the Navajo Nation is making an end run around another Supreme Court case that divvied up water in the Colorado River's Lower Basin.
"The first question in front of the court now is: why is the lower court dealing with the issue at all?" said Grant Christensen, a federal Indian law expert and professor at Stetson University.
Even if the justices side with the Navajo Nation, the tribe wouldn't immediately get water. The case would go back to the U.S. District Court in Arizona, and rights to more water still could be years, if not, decades away. The Navajo Nation also could reach a settlement with Arizona and the federal government for rights to water from the Colorado River and funding to deliver it to tribal communities.
Tribal water rights often are tied to the date a reservation was established, which would give the Navajo Nation one of the highest priority rights to Colorado River water and could force conservation on others, said Hedden-Nicely of the University of Idaho.
Given the likelihood of a long road ahead, Kontz of the Navajo Tribal Utility Authority says many older Navajo won't live to see running water in their homes.
Becenti, the 42-year-old mother of five, remembers shedding tears of joy when running water finally was installed in her house and her family could use a flushable indoor toilet.
It was a relief to "go to the facility without having to worry about bugs, lizards, snakes," she said.
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Native American tribe closer to acquiring more land in Arizona after decades of delay
Federal officials have joined with the state of Arizona to begin fulfilling a settlement agreement that was reached with the Hopi Tribe nearly three decades ago, marking what tribal officials described as a historic day.
Government attorneys filed condemnation documents on Friday to transfer dozens of square kilometers of state land into trust for the Hopi. The tribe will compensate the state nearly $4 million for more than 80 square kilometers of land near Winslow.
It could mark the first of more transfers of land into trust to help eliminate the checkerboard of ownership that characterizes much of the lands used by the tribe for ranching in northeastern Arizona.
A long time coming
Friday's filing was born out of the 1996 passage of the Navajo-Hopi Land Dispute Settlement Act, which ratified an agreement between the Hopi and federal government that set conditions for taking land into trust for the tribe.
The wrangling over land in northeastern Arizona has been bitter, pitting the Hopi and the Navajo Nation against one another for generations. The federal government failed in its attempt to have the tribes share land and after years of escalating conflict, Congress in 1974 divided the area and ordered tribal members to leave each other's reservations.
The resulting borders meant the Navajo Nation — the country's largest reservation at close to 70,000 square kilometers — surrounded the nearly 6,500-square-kilometer Hopi reservation.
Since the 1996 settlement, the Hopi Tribe has purchased private land and sought to take neighboring state lands into trust in hopes of consolidating property for the tribe's benefit.
A historic day
There have been many roadblocks along the way, including in 2018 when the tribe sought the support of local governments in northern Arizona to back a proposed transfer for land south of the busy Interstate 40 corridor. Those efforts were stymied by the inclusion of national forest tracts in the Flagstaff area.
Hopi Chairman Tim Nuvangyaoma said in a statement Friday that he was grateful for everyone who worked to make the condemnation filing a reality and that the timing for this historic moment was fitting.
"Within Hopi, it is our time of the soyal'ang ceremony — the start of the New Year and the revitalization of life," he said.
Gov. Katie Hobbs, who first visited the Hopi reservation in 2023, acknowledged that the tribe has been fighting for its rights for decades and that politicians of the past had refused to hear the voices of tribal communities.
"Every Arizonan should have an opportunity to thrive and a space to call home, and this agreement takes us one step closer to making those Arizona values a reality," she said Friday.
More transfers and economic opportunities
In November, the Navajo Nation signed a warranty deed to take into trust a parcel of land near Flagstaff as part of the federal government's outstanding obligations to support members of that tribe who were forcibly relocated as a result of the Navajo-Hopi dispute.
Navajo leaders are considering building a casino on the newly acquired land, saying such a project would provide significant economic benefits.
For the Hopi, bringing more land into trust also holds the promise of more economic opportunities. The state lands near Winslow that are part of the condemnation filing are interspersed with Hopi-owned lands and have long been leased to the tribe for ranching and agricultural purposes, according to the U.S. Justice Department.
Federal officials said Friday's filing is the first of an anticipated series of condemnation actions that ultimately would result in the transfer of more than 1440 square kilometers of state land into trust for the Hopi Tribe.
Media report: More than 3,100 Native American children died in US boarding schools
At least 3,104 Native American children died in boarding schools in the United States, taken from their families to be forcibly assimilated, The Washington Post reported on Sunday, with its estimate three times higher than that of the American government.
In these establishments, some of which were religious and which existed from the beginning of the 19th century to the 1970s, many children suffered physical, psychological or sexual violence, according to a recent government report which estimated that at least 973 students died there.
In late October, U.S. President Joe Biden apologized to Native American peoples, calling the atrocities "a sin that stains our souls."
According to The Washington Post, which conducted a year-long investigation, 3,104 students lost their lives in these schools between 1828 and 1970, in what the newspaper describes as "a dark chapter in American history that has long been ignored and largely covered up."
And the toll would actually be much higher according to historians, adds the newspaper.
The Washington Post says it has "determined that more than 800 of these students were buried in or near cemeteries at the schools where they attended, underscoring that, as in many cases, the children's bodies were never returned to their families or tribes."
According to documents seen by the daily, "The causes of death included infectious diseases, malnutrition and accidents."
Dozens of Native American students have died under suspicious circumstances, the article continues, "and in some cases, documents show indications of abuse or mistreatment that likely led to the children's deaths."
The boarding schools "were not schools" but "prison camps, work camps," Judi gaiashkibos, director of the Nebraska Commission on Native Americans and whose relatives were sent there, told the newspaper.
The Joe Biden administration has implemented a series of measures to support Native American nations and improve relations with the federal state.
In the United States, reservations now administered by Native Americans are predominantly poor, with high suicide and overdose rates.
In neighboring Canada, where the same practice of residential schools for young indigenous people existed, the country has also opened its eyes in recent years to this dark page of history.
Native American news roundup December 8-14, 2024
Tribal Nations Summit stresses federal responsibilities
President Joe Biden and Vice President Kamala Harris showcased historic investments in Indian Country with speeches and a 96-page progress report at this week's White House Tribal Nations Summit.
As VOA reported, Biden announced a new national monument on the site of the Carlisle Indian boarding school in Pennsylvania, which served as the model for hundreds of residential schools that forced children to abandon their traditions and languages.
Another move announced at the summit is a 10-Year National Plan on Native Language Revitalization to invest $16.7 billion to protect and restore Native languages in all 50 states. Today, fewer than 200 Indigenous languages are still spoken, mainly by elders, and experts warn that if no action is taken, only 20 will remain by 2050. The plan will establish a new Office of Native Language Revitalization to coordinate efforts and manage funding.
The administration announced new guidance for federal employees on treaty and tribal consultation obligations, as well as strategies for addressing the chronic underfunding of tribal programs.
It also released further guidance on federal support for tribes facing natural disasters, public health emergencies, and climate-induced relocation challenges.
Biden honored with 'Lightning and Thunder'
At the summit, Interior Secretary Deb Haaland and Assistant Secretary for Indian Affairs Bryan Newland gifted President Biden a traditional wool blanket made by Eighth Generation, a Seattle-based company owned by the Snoqualmie Tribe.
The blanket was designed by artist and metalsmith Pat Pruitt, who, like Haaland, is a member of the Laguna Pueblo in New Mexico. Pruitt named the design "Lightning and Thunder."
"I had no idea my blanket had been selected until friends sent me photos of the event," Pruitt said. "It is both humbling and meaningful to witness this recognition. As a former tribal leader, I deeply understand the significance of serving the people, as well as the hard work and sacrifices that come with it."
In many Native traditions, gifting a blanket is a gesture of respect for leadership and milestone achievements.
Texas high court to decide religious freedom case
The Texas Supreme Court was set to rule this week on whether the city of San Antonio's temporary closure of a park and plans to remove trees violate religious freedom.
For several years, the city of San Antonio has been fighting cormorants, large migratory birds that nest in the city's Breckenridge Park and cause damage to vegetation. City contractors have used chemical sprays, heavy pruning and aerial explosives to disrupt bird rookeries, but these methods failed.
Matilde Torres and Gary Perez, members of the Lipan Apache Native American Church, sued the city last summer, arguing the site is spiritually significant to their culture as it connects to their creation story. They say city plans would violate religious freedoms guaranteed by the Texas constitution.
The Lipan Apache is not a federally recognized tribe but was recognized by Texas in 2019.
The case made its way to the top court in Texas, which was expected to rule on Monday. At the time of this writing, a decision was still pending.
Wisconsin tribe agrees to end predatory lending in Minnesota
The Wisconsin-based Lac du Flambeau Band of Lake Superior Chippewa (LDF) has agreed to stop short-term, high-interest loan operations in Minnesota and to forgive over $1 million in outstanding loans. LDF had been providing short-term loans since 2012, including through a dozen online loan operations.
A ProPublica investigation this year revealed that the tribe charged interest rates as high as 800%, violating Minnesota's usury laws. The investigation says many of those loans ended up devastating borrowers across the country.
"I borrowed $1100 and agreed to pay $272 bi-weekly, with the thought that I would have that paid off in under 4 months," one borrower complained. "To my shock, I logged on to my account shortly after receiving the funds and my balance due is over $4000!"
Minnesota sued the tribe's lenders, which led to this settlement stopping that lending and canceling over $1 million in outstanding loans.
"My approach to this case and other tribal lending is to stop violations and harm while also preserving and respecting the tribes' sovereign status," stated Attorney General Ellison. "I am grateful for the defendants' cooperation in this investigation and agreement to cease further lending and collection activity in Minnesota."
Biden designates national monument at site of Carlisle Indian school
President Joe Biden has created a new national monument on the grounds of a former Indian boarding school in Pennsylvania, which served as the blueprint for hundreds of similar institutions across the United States.
“I want everyone to know,” Biden said. “I don't want people forgetting, 10, 20, 30, 50 years from now.”
Indian children from 140 tribes were taken from their families, tribes and homelands and forced to spend years at the school in the borough of Carlisle, he noted.
“It was wrong, and by making the Carlisle Indian School a national monument, we make clear that [that's] what great nations do. We don't erase history. We acknowledge it. We learn from and we remember, so we never repeat it again.”
Biden told the 2024 Tribal Nations Summit in Washington Monday that the monument will encompass 10 hectares (24.5 acres) inside what is today the Carlisle Army Barracks, including historic buildings and structures that once made up the school’s campus. These will include the brick and marble gateposts at the school’s entrance, which Carlisle students built by hand in 1910.
The U.S. Army will maintain operational control over the site, which is now home to the U.S. Army War College. The Army will collaborate with the National Park Service to oversee the planning and management of the new national monument, consulting with federally recognized tribes to ensure that the monument accurately reflects historic and contemporary impacts of the boarding school system on tribal members and communities.
“This addition to the national park system that recognizes the troubled history of U.S. and Tribal relations is among the giant steps taken in recent years to honor Tribal sovereignty and recognize the ongoing needs of Native communities, repair past damage and make progress toward healing,” said National Park Service Director Chuck Sams, a citizen of the Confederated Tribes of the Umatilla Indian Reservation in Northeast Oregon.
The announcement comes just six weeks after Biden’s visit to the Gila River Indian Community in Arizona. There, he gave a long-awaited apology to Native Americans for the boarding school era, calling it “one the most consequential things I've ever had an opportunity to do in my whole career as president of the United States.”
Earlier Monday, Interior Secretary Deb Haaland opened the summit with a speech focusing on the Federal Indian Boarding School Initiative she launched in May 2021.
The initiative resulted in a two-volume report that documented the history of the school system, accounting for 417 known schools and confirming more than 900 child deaths.
The initiative also included The Road to Healing, in which Haaland and Assistant Interior Secretary Bryan Newland traveled to 12 Native communities, giving survivors and their descendants an opportunity to share their boarding school experiences.
“So many of you spoke bravely and forthright[ly] … about the horrors you endured or the trauma that was passed down over generations. Those stories must continue to be told,” Haaland told the summit leaders.
As part of the initiative, the Interior Department engaged the National Native Boarding School Healing Coalition to conduct video interviews with boarding school survivors to create a permanent oral history collection.
Haaland announced that the Library of Congress and the Smithsonian’s National Museum of American History will partner to preserve their accounts for the public.
- By Anita Powell
Biden memorializes painful past of Native Americans
U.S. President Joe Biden on Monday presided over his final White House Tribal Nations Summit by reaching into the nation’s dark past and establishing a national monument to honor the suffering of thousands of Native children and their families in federal boarding schools in the 19th and 20th centuries. VOA White House correspondent Anita Powell reports from Washington.