Water is life. This simple but profound truth is something Indigenous communities have always known. However, for many families across the Navajo Nation, clean and accessible water is not a daily reality. It is a crisis that has persisted for generations. The historical legacy of uranium mining, combined with a severe lack of infrastructure, has left countless Navajo families without reliable access to clean drinking water. This issue is not just environmental—it is a direct violation of treaty rights and the federal trust responsibility the U.S. government has long failed to uphold.
The Navajo Nation, the largest federally recognized tribe in the United States by landmass, covers over 27,000 square miles across Arizona, New Mexico, and Utah. Despite this vast territory and sovereign status, most Navajo households still lack running water. According to the Navajo Nation Department of Water Resources, approximately one in three Navajo families is forced to haul water to meet their daily needs. This physical, economic, and emotional burden affects everything from health to basic daily tasks.
This water insecurity does not stem from a lack of available water resources. Instead, it is a consequence of decades of environmental degradation, particularly from uranium mining that took place on Navajo lands. Between the 1940s and 1980s, more than 500 uranium mines were developed across the reservation to support U.S. nuclear weapons programs. These mines were approved without fully informing the Navajo people of the health risks or providing proper cleanup plans. The mining activities left behind contaminated lands and toxic waste, with many of these sites still abandoned and radioactive. Over time, these toxic remnants have leached into the soil and groundwater, threatening the health of surrounding communities.
Studies have found elevated levels of uranium, arsenic, and other harmful chemicals in the drinking water in numerous Navajo communities. These contaminants have been linked to long-term health issues, including cancer, kidney disease, and developmental problems, disproportionately affecting the people who are already vulnerable due to the lack of infrastructure and resources.
Not only is uranium mining a public health disaster, but it’s also a legal and moral failure of the federal trust responsibility. The trust responsibility is a cornerstone of federal Indian law and refers to the U.S. government’s obligation to protect the welfare of Native nations. This duty is outlined in treaties, legal precedents, and federal policies, all of which underscore the government’s duty to act in the best interest of tribes. The Treaty of 1868, which reestablished the Navajo Nation’s homeland after the forced relocation known as the Long Walk, implicitly guaranteed the tribe the right to land and natural resources, including clean water. Without access to water, these treaty guarantees become hollow, broken promises.
The federal trust responsibility mandates that the U.S. government take actions that preserve tribal lands, resources, and cultures, ensuring their ability to thrive. However, the government’s actions regarding uranium contamination and the lack of water infrastructure in the Navajo Nation represent a clear failure to meet these obligations. Cleanup efforts for uranium-contaminated sites have been slow and insufficient— While federal funding for water infrastructure projects has continually fallen short of what is needed. In some cases, contaminated wells remain the only water source for entire communities. In contrast, bureaucratic red tape and legal battles over water rights delay proposed water delivery systems.
Water rights are a contested and complex issue for the Navajo Nation. They are tangled in state-level disputes and outdated compacts that often leave tribal nations with limited control over their resources. For decades, the Navajo Nation has fought to assert its rights to water from the Colorado River and other regional sources. Still, these efforts have often been met with resistance from state governments and the federal government. In June 2023, the U.S. Supreme Court delivered a significant blow to the Navajo Nation’s efforts when it ruled in Arizona v. Navajo Nation that the federal government does not have an affirmative duty to secure water access for the tribe. This decision reinforced the limited scope of the federal trust responsibility, ruling that the U.S. is not required to develop a plan to provide water for the tribe unless explicitly mandated by statute or treaty language.
In the Arizona v. Navajo Nation case, the Navajo Nation argued that the federal government’s trust responsibility required it to assess and secure water resources for the tribe, especially from the Colorado River. However, the Court ruled 5-4 that the trust responsibility does not extend to proactive efforts to secure water unless a treaty or statute explicitly requires such action. This narrow interpretation of the trust responsibility means that unless Congress or treaties specifically demand that the federal government act, the trust responsibility does not compel action on behalf of the tribes.
The majority’s opinion left the Navajo Nation in a difficult position. It forces tribes to prove that their treaties and agreements require specific actions by the federal government, even when those actions are essential for survival. Chief Justice Gorsuch, dissenting, noted that the 1868 treaty’s promise of “means for permanent homebuilding” implicitly includes access to water, making the lack of a water plan a direct violation of that promise. The ruling limits the scope of the trust responsibility, undermining centuries of precedent and the moral and legal obligations the U.S. government has to Native peoples.
The denial of access to clean, safe water is more than a denial of basic needs. It is a denial of life, dignity, sovereignty, and health. It contradicts the very essence of the treaties made between the U.S. government and Native nations, promises that were meant to ensure survival and prosperity. Denying these rights is an environmental and infrastructure issue and a civil rights issue.
The fight for clean, safe water in the Navajo Nation is part of many Indigenous communities’ larger struggle for justice. It reflects broader patterns of environmental racism, federal neglect, and systemic inequality that continue to marginalize Native peoples. The U.S. government must be held accountable for its failure to honor the trust responsibility and the promises made through treaties. Water is a fundamental human right. Until the federal government fulfills its obligations to ensure that Indigenous communities have access to this vital resource, the struggle for justice will remain incomplete.
