Decolonizing Water

U.S. Water Policy and Water Crisis in the Diné Bikéyah: From 1849 to the Present

Abstract

Since the beginning of the 21st century, due to the growing water crisis and drought in the Southwest, water policy in the United States has become a crucial field of conflict between federal, state and tribal interests. Since 2000, the American Southwest has been experiencing severe droughts that, combined with outdated river management and overallocation of limited water supplies, put the Colorado River at serious risk. The Navajo Nation (Diné), living in the water-scarce, arid region, is disproportionately impacted by the crisis, with almost one-third of households lacking running water on the reservation. Despite the reservation’s historical and legal claims to water based on treaties and legal doctrines, the federal government has repeatedly failed to secure their water rights, leaving many Diné communities without basic water infrastructure, which leads to severe health, economic and cultural disparities. The article examines the intersection of historical, legal, social and environmental factors contributing to the Navajo Nation’s limited access to safe drinking water. The analysis begins with an overview of the history of the people, including the treaty-making and relocation era, which greatly contributed to the lack of resources that the Navajo Nation experiences today. Thereafter, the article explores the legal side of the issue, along with the Winters Doctrine (1908), the Colorado River Compact, as well as the Arizona v. California (1963) and Arizona v. Navajo Nation (2023) cases. The article also explores the empirical data regarding the current water crisis in the reservation, systemic barriers, such as industrial exploitation, infrastructure neglect, and the exacerbating effects of climate change, that perpetuate the crisis. Furthermore, it considers the cultural and spiritual significance of water for the Diné people, emphasizing its role as a cornerstone of sovereignty and resilience.