The Fight for Water and Just Transition on the Navajo Nation
Author: Lyrica Maldonado, Climate Advocacy Lab
July 6, 2023
In a significant ruling on the water crisis affecting the Navajo Nation located in the American Southwest, the Supreme Court rejected the Navajo Nation’s request for the federal government to determine their water needs and develop a plan to meet them. The Navajo Nation argued that the 1868 Treaty of Bosque Redondo, which recognized a large portion of the Nation’s current tribal land, created an ongoing relationship between the tribe and the United States government, one in which the United States is responsible for ensuring the tribe has adequate water portioned from the Colorado River to meet the Navajo Nation’s water needs. The Supreme Court argued that although the Navajo Nation has water rights, no burden is placed on the United States government to assess their water needs or take any further action.
Note: Navajo is the word Spanish settlers used to identify the Diné, and currently Navajo and Diné/Dineh are used both among Navajo people and by outside voices. I will use the terms Navajo and Diné interchangeably depending on the context, but I wanted to recognize that Diné is the correct term
The Navajo Nation has long relied on the Colorado River as a water source, and currently still does, along with seven other states and Mexico. Although the Colorado River is not located on what are currently recognized tribal lands, Navajo people, or the Diné, have had a long-standing relationship with the river, both as a water source and a site of cultural importance. The water crisis in Arizona is exacerbated by the excessive exploitation of the Colorado River, which serves as a crucial water supply for around 40 million individuals throughout the Southwest. The seven states that rely on the river have been entangled in long water rights disputes. The Navajo Nation, however, faces additional challenges in advocating for its own interests in these conflicts because of its unique relationship to the United States federal government and to surrounding states.
Around 30% of the Navajo Nation, the largest reservation in the United States, does not have access to clean drinking water and the tribe has been experiencing a climate change-exacerbated drought since 1999. The Supreme Court’s decision to not address the Navajo Nation’s water needs, while so many Navajo people don’t have access to running water, feels a lot like a case of environmental injustice.
A Case of Environmental Injustice
This denial of responsibility for assessing and meeting the Navajo Nation’s water needs, especially in the time of the climate crisis, perpetuates environmental injustice. Environmental injustice recognizes that there is an inequitable distribution when it comes to who experiences the climate crisis, a distribution that also falls along lines of race and class, among other identity markers.
By rejecting the Navajo Nation’s claim for the federal government’s support in securing sufficient water from the Colorado River, the Supreme Court disregards, and sits well within, the historical context and ongoing effects of settler colonialism. This decision reinforces a power dynamic that perpetuates the marginalization of Indigenous communities, leaving them to bear the brunt of the water crisis without the necessary support and resources to address their needs. It underscores how climate change will exacerbate and magnify pre-existing settler-colonial power dynamics and structures. However, it also gives us an opportunity to take direction and leadership from those who have long been fighting against such structures.
Highlighting Tó Nizhóní Ání
In 2019, the Navajo Generating Station (NGS), one of the last operating fossil fuel infrastructures left over from the days of Peabody Coal, collapsed, signifying the end of coal’s dominance on Native lands. This power plant, the largest coal-fired facility in the Western region, had burned coal for over 50 years, providing affordable electricity and pumping water to large desert cities in the West. While tribal governments benefited from royalties and workers received stable incomes, the broader community endured ecological degradation, cultural loss, and limited economic opportunities spanning generations.
Now, with NGS gone, surrounding communities are left with little economic opportunity. However, the post-coal economy and landscape present them with the chance to construct their own sustainable economies grounded in economic justice and cultural values.
Tó Nizhóní Ání (TNA), meaning “Sacred Water Speaks” is a Diné- led non-profit whose work is “rooted in protecting the waters of Black Mesa while bringing power back to our Indigenous communities impacted by coal.” They were instrumental in organizing against Peabody Coal, a coal company that polluted community air and water, and have been a longstanding champion in the fight for water and justice. In supporting communities post-coal and the just transition away from the extractive economy, Tó Nizhóní Ání’s work includes re-training former coal and mine workers, engaging utility owners, and supporting the rebuilding of an economy after the mine and plant closures.
In an incredibly beautiful act of storytelling, Tó Nizhóní Ání houses testimonials and stories from impacted Navajo communities, such as Pinon, AZ. It’s noted in a testimonial that talking about the damages of the extractive economy in some communities might be considered taboo, but they state:
Despite a hush-hush mentality, TNA knew that narrative-shifting and storytelling was important. Narrative shifting is an important part of the transition from an extractive to a regenerative economy and plays a key role in our movements, as TNA demonstrates.
Learnings
Something I learned in my early days of the climate movement is that I should never talk about extraction or oppression of any sort without also talking about the resiliency and amazing community efforts that rise up when injustice occurs.
In addition to the significance of storytelling and narrative shifting, TNA and other similar organizations contribute valuable insights to the climate justice movement. My initial involvement in the climate movement stemmed from witnessing the struggle and organizing on the Navajo Nation for water rights and a Just Transition*. This experience was foundational in my own climate justice journey as it helped me gain an understanding of the Just Transition framework, settler colonialism, energy extraction, as well as the power of community organizing.
A Just Transition
Often in the climate movement, we focus so much on “shutting down the bad,” campaigns that are focused on stopping the pipeline or the refinery, but soon we will come to the point in the movement where we must start “building the good.” The struggle for water rights and environmental justice in the Southwest shows us that, in some ways, the post-fossil fuel industry landscape is here, and we have to be organized for that too. We must start focusing on economic justice. We can learn from the work of TNA and others fighting for a Just Transition how to begin to transition our communities and economy from fossil fuel dependence- by supporting frontline and fenceline communities after a closure of a plant, mine, refinery, etc. By moving some of our focus to economic justice and recovery after plant closures, we can begin the process of healing our communities after the long-damaging effects of economic dependence on the fossil fuel industry.
If you’re interested in learning more about Navajo water rights, the fight for justice in Navajo country surrounding Peabody Coal, the closure of the Navajo Generating Station, and Just Transition:
- What would a Just Transition look like for the Navajo Nation?
- Environmental Justice is Non-negotiable
- Supreme Court Keeps Navajo Nation Waiting for Water
- Here directly from Nicole Horseherder, ED of Tó Nizhóní Ání on protecting Navajo water
We also want to shout out Tó Nizhóní Ání for all their brilliant work in the fight for environmental justice and a Just Transition.