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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

Rudy Giuliani is expected to turn himself in at a jail in Atlanta on charges related to efforts to overturn the results of the 2020 presidential election in Georgia

Colombian rebel leader Pablo Beltran said on Tuesday that peace talks between his National Liberation Army and the government have been put “on pause” due to remarks made last week by President Gustavo Petro. Petro questioned whether members of the rebel group's delegation in Cuba could effectively control the actions of their own commanders on the battlefield. He also said the younger leaders of the group, known as the ELN, were motivated not by political goals, but by drug trafficking profits. In an interview published on Youtube by the ELN’s communication team, Beltran said that delegations from both sides would have to meet to “examine” the comments by Colombia's president before issues like a ceasefire and rural development schemes can continue to be discussed. The negotiations began in November and have failed to produce any major breakthroughs so far. The ELN was recognized as “an armed rebel group” by Colombia’s government during the last round of talks which took place in Mexico, a designation that enables it to seek policy changes in peace talks instead of just negotiating reduced sentences for their crimes. Beltran argued that Petro’s recent comments are putting its status as a “political organization” in jeopardy. “If they are saying one thing in the negotiations, while the president says another we feel like we are stuck in the middle,” Beltran said. “So we are asking for an explanation.” During a speech to military officers on Friday, Petro described members of the ELN’s peace delegation as “elderly” leaders who were interested in discussing political changes. But he questioned whether younger ELN commanders who lead troops on the ground have the same kind of goals. “They may use the same banners,” Petro said. “But what motivates them is (profiting from) illicit economies.” Petro added that elderly leaders like Beltran were “willing to sit down and talk. But are they really in charge?” The ELN was founded in the 1960s by union leaders, students and priests inspired by the Cuban revolution. It is Colombia’s largest remaining rebel group and has been notoriously difficult for previous Colombian governments to negotiate with. In 2016, Colombia’s government signed a peace deal with the larger FARC group that ended five decades of conflict in which an estimated 260,000 people were killed. But violence has continued to affect rural pockets of the country where the ELN has been fighting the Gulf Clan and FARC holdout groups for the control of drug trafficking routes and other resources. Petro promised during his presidential campaign that he would seek peace deals with all of Colombia’s major armed groups by rolling out a strategy he described as “total peace.” But the Gulf Clan recently gave up on the peace talks, while negotiations with FARC holdout groups are still in preliminary stages. Read More Ukraine war’s heaviest fight rages in east - follow live Charity boss speaks out over ‘traumatic’ encounter with royal aide

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