The Supreme Court ruled on Thursday against the Navajo Nation in a dispute concerning the tribe’s access to the drought-stricken Colorado River. Critics says the decision harms a community where an estimated one-third of tribal members lack running water and furthers the history of the US government breaking its promises to tribes. The case, Arizona v Navajo Nation, centres on the obligations of an 1868 treaty, which established the Navajo reservation as the tribe’s permanent home, following their forced removal from their ancestral lands by the United States military. The tribe argued that under the treaty, the US government has an obligation to evaluate the tribe’s need for water and factor that analysis into how it divides up water access to the Colorado River, which serves over 40 million people and passes through seven states. The US government, as well as the states of Arizona, Nevada, and Colorado, and various water districts in California, argued against the tribe in consolidated appeals. They claimed that the tribe’s interpretation of the treaty would undermine existing agreements on sharing the water from the Colorado and create and impose unsubstantiated obligations on the US government to develop water infrastructure for the tribe. In a 5-to-4 decision, all but one of the high court’s conservatives ruled against the tribe. “In light of the treaty’s text and history, we conclude that the treaty does not require the United States to take those affirmative steps,” Justice Brett Kavanaugh wrote in the majority opinion. “And it is not the Judiciary’s role to rewrite and update this 155-year-old treaty. Rather, Congress and the President may enact — and often have enacted — laws to assist the citizens of the western United States, including the Navajos, with their water needs.” The court’s three liberal justices, as well as the Trump-appointed Neil Gorsuch, an advocate for tribal rights, dissented. “The Navajo have waited patiently for someone, anyone, to help them, only to be told (repeatedly) that they have been standing in the wrong line and must try another,” he wrote in his dissenting opinion. He argued, alongside the tribe, that the Navajo weren’t forcing the US government to immediately start building water infrastructure or changing water claims on the river, but rather begin the process of fully accounting for what the nation needed. Navajo representatives criticised the ruling. "My job as the president of the Navajo Nation is to represent and protect the Navajo people, our land, and our future,” Navajo Nation president Buu Nygren said in a statement after the ruling. “The only way to do that is with secure, quantified water rights to the Lower Basin of the Colorado River.” With a population of about 175,000 and a land mass larger than West Virginia, the Navajo Nation is the largest US tribal reservation, and the Colorado River and its tributaries flow alongside and through the tribe’s territory. “The US government excluded Navajo tribal citizens from receiving a share of water when the original apportioning occurred and today’s Supreme Court decision for Arizona v. Navajo Nation condoned this lack of accountability,” John Echohawk, executive director of the Native American Rights Fund, one of the many Indigenous groups that filed briefs in support of the Navajo Nation, said in a statement. “Despite today’s ruling, Tribal Nations will continue to assert their water rights and NARF remains committed to that fight.” In 2003, the Navajos sued the federal government regarding access to the Colorado River, while the tribe has also fought for access to a tributary, the Little Colorado River, in state court. As The Independent has reported, many on the Navajo nation struggle for basic water access. “If you run out [of water] in the evening, you have to get up earlier the next day to make sure that there’s water for the kids to wash hands, brush their teeth, make breakfast,” Tina Becenti told The Independent. “It was time-consuming and took a lot of energy.” Tribes were cut out of initial deals made to allocate the water on the Colorado River, leaving many to rely on thousands of unregulated wells, springs, and livestock troughs that are spread across the reservation, which can pose a serious health risk. According to the Environmental Protection Agency, these sources may contain bacterial or fecal contaminants, along with unsafe levels of uranium and arsenic – a legacy of mining on Navajo land which began with the US military’s Manhattan Project for nuclear weapons in 1944 and continued until 2005. The fate of the Colorado River has become increasingly contentious, as the vital waterway dwindles under heavy demand and a changing climate. In May, following years of tense negotiations, Arizona, California, and Nevada agreed to cut their use of water from the Colorado in exchange for $1.2bn in federal funding, a last-minute compromise that staved off catastrophic impacts to agriculture, electricity generation, and water supplies to major cities like Phoenix and Los Angeles. The high court decision follows a ruling this month on another topic with a long and complicated history involving tribal groups: adoption. Last week, a 7-2 majority ruled to preserve the Indian Child Welfare Act, defending the law’s preference for the foster care and adoption of Native children by their relatives and Tribes, which was implemented following investigations that revealed more than one-third of Native children were being removed from their homes and placed with non-Native families and institutions, cutting off important family and cultural ties. Louise Boyle and Alex Woodward contributed reporting to this story. Read More Father of 13 dies in Colorado rafting accident after saving his children from danger Feds announce start of public process to reshape key rules on Colorado River water use by 2027 Nevada fight over leaky irrigation canal and groundwater more complicated than appears on surface Supreme Court rules against Navajo Nation in Colorado River water rights case Feds announce start of public process to reshape key rules on Colorado River water use by 2027 Vegas water agency empowered to limit home water flows in future

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The horrifying case of four University of Idaho students butchered in an off-campus home has taken another dramatic twist after it emerged that the parents of their accused killer are testifying in a separate case thousands of miles away in Pennsylvania. In a bombshell development this week, it emerged that Bryan Kohberger’s parents have been subpoenaed to appear before a grand jury investigating the disappearance and death of mother-of-three Dana Smithers. Smithers, 45, was last seen alive in May 2022. Her remains were finally discovered last month, with her cause of death still a mystery. It remains unclear what connection – if any – her disappearance and death may have to Mr Kohberger, who was living close to Smithers at the time she vanished. But multiple reports have revealed that Mr Kohberger’s parents Michael and Maryann Kohberger have been ordered to testify in the case. A source told CNN that the accused killer’s mother has already given evidence to the grand jury while his father is expected to testify on Thursday. Any information in the case can then be turned over to prosecutors in Idaho who have charged Mr Kohberger with the quadruple murders of Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20. While many questions remain unanswered, here’s what we know about Dana Smithers and what happened to the mother-of-three. Mysterious disappearance In May 2022, Smithers vanished without a trace from Monroe County – the same county in Pennsylvania where Mr Kohberger was living at the time before moving cross-country to Washington state in the summer to pursue a graduate degree program in criminal justice. A ring video camera captured Smithers leaving a neighbour’s house at around 11.05pm on 28 May, holding her cellphone in her hand. She was never seen alive again. What was especially odd was that Smithers’ cellphone, wallet and daily medication were all found at her home. Earlier that day, Smithers and her youngest daughter, 7, had gone to a local festival at the Happy Hour Bar and Grille in Stroudsburg with her daughter’s father. Smithers’ sister Stacey told NBC’s Dateline in December that the couple were no longer together but were still on good terms. At the festival, Smithers appeared to be having a good time, dancing and saying hello to people. The three later returned to the home that Smithers, her daugher and Smithers’ mother shared. Later that night, best friend Tara Cioni said that Smithers called into her home to hang out. The two women lived just a couple of doors down from each other and would often just stop by to see each other on an evening. “We’re best friends. She’s been my neighbor for 16 years. We’ve raised our children together,” Ms Cioni told Dateline. “It was an open door policy, like, with her. So she came in and she was here for a little bit.” Ms Cioni said that, in hindsight, she wonders if something was troubling her friend that night. Smithers – who had a history of substance abuse – was smoking, something she only did if she was “nervous” or on edge. Ms Cioni said that Smithers later asked her if she wanted to come back to her house to hang out but she was tired so said she was going to bed. That was the last time anyone saw her. “If I would have known that was the last time I would have seen her, I would have definitely asked more questions but I was sort of like, ‘I’m going to bed,’” she said. Looking back, she said that she doesn’t think Smithers was using drugs again. “I really don’t think it was that,” she said. Her sister added that Smithers had recently had her medication adjusted and appeared to be “getting much better” at the time. It was the following morning when Smithers’ mother realised her daughter had not come home that night. Initially, the family wasn’t too concerned as Stacey said the 45-year-old had stayed out all night in the past. But, when she didn’t show up for Memorial Day celebrations with the family on 30 May, they knew something must be wrong. Smithers and her children, aged 25, 23 and 7, had a family tradition to go to Knoebels Park in Pennsylvania ever Memorial Day. “She would not have missed Memorial Day,” said Stacey, adding that she would also never have left her youngest child for that long. “She didn’t do anything that didn’t involve her kids,” she said. “That was her thing. I mean she was always there with the kids.” Smithers was finally reported missing days later after Stacey said law enforcement initially didn’t take her disappearance seriously. In June, the Pennsylvania State Police and local police carried out searches with cadaver dogs at Glen Park in Stroudsburg – a heavily wooded area close to her home. The search did not turn up anything and the case went cold for months. A missing persons report described Smithers as a 45-year-old white female, 5 foot 5 inches, approximately 165 pounds, with brown eyes, brown hair and last seen wearing black jeans with a burgundy shirt. For almost a year, the mother-of-three’s family desperately searched for answers and Smither’s case featured in an episode of NBC’s Dateline in December 2022 – one month after the four students were murdered in Idaho. Stacey feared the worst, saying: “I think something happened. I don’t think she’s here anymore.” Remains found Almost one year later – on 27 April – Smithers’ remains were found in a wooded area in Stroudsburg. Stroud Area Regional Police said that a Borough employee had discovered decomposing human remains in a wooded area close to Park Avenue in the Borough of Stroudsburg. Due to extensive decomposition, the gender and identity of the individual was unclear at the time. Using dental records, the remains were later identified as belonging to Smithers. Her cause and manner of death is not yet known. What is Bryan Kohberger’s connection to the case? There are many unanswered questions around what happened to Smithers – and what it may have to do with Mr Kohberger. It is currently unclear why Mr Kohberger’s parents Michael and Maryann Kohberger have been called to testify in the case. A lawyer for Mr Kohberger’s parents tried to have the subpoenas cancelled but was unsuccessful, the source told CNN. Pennsylvania judges will be permitted to share transcripts of the grand jury witness testimony with law enforcement agencies across the country in Idaho. At the time of Smithers’ disappearance in May 2022, Mr Kohberger was also living in Monroe County with his family. That summer, he then moved cross-country to Pullman for a graduate program in criminal justice at Washington State University (WSU). A few months later on 13 November, he allegedly broke into an off-campus student home just over the border in Moscow, Idaho, and murdered the four college students. He was back at his parents’ home in the Pocono Mountains for the holidays when police swooped and arrested him for the quadruple murders on 30 December. In that case, it remains unclear what motive and what connection Mr Kohberger may have had to the victims. And now, in Smithers’ case, a possible link also remains unclear. Mr Kohberger is said to have a solid alibi for Smithers’ disappearance and is likely not connected to her death, a source told Eyewitness News. But the grand jury investigation is still ongoing and no findings have been revealed. Back in January, Stacey posted an update on the Facebook page “Finding Dana” saying that many people had contacted her about a possible link between her sister’s disappearance and the Idaho murders. “Thank you to everyone who has been reaching out recently regarding the possibility of the suspect in the horrific murders in Idaho having been in our area around the time of my sister, Dana’s disappearance,” she wrote. “I have forwarded all of your suggestions on to local law enforcement. Please pray for everyone involved.” However, it comes following a report that one of the accused killer’s older sisters grew increasingly suspicious that her brother could have been involved in the Idaho murders prior to his arrest. Her suspicions were so great that – at one point – several family members searched Mr Kohberger’s white Hyundai Elantra for possible evidence of the crime when the family gathered to spend the holidays together, sources told NBC’s Dateline. They found nothing but investigators had already allegedly seen Mr Kohberger scrubbing his car with bleach. Read More Bryan Kohberger – live: Idaho murders suspect’s parents secretly testify over woman found dead in Pennsylvania Idaho murders suspect’s parents ordered to testify in case of missing woman found dead last month Families of slain University of Idaho students prepare to sue college over murders

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