Thirst For Justice

The Diné fight for water sovereignty throughout a history of displacement, corporate pollution, and climate change.

A hot wind rolls over the dry land on Black Mesa in the Navajo Nation, carrying the aromas of sagebrush and juniper. Carlos Begay drives up to the water station situated where the Peabody Energy Kayenta Coal Mine once sat, and prepares to fill a 1,000 gallon (3,785 liter) barrel to take back to his mother’s land 10 miles (16 km) away, which will last about a week for their family and livestock. 

This well is connected to the Navajo Aquifer (N-Aquifer), which is the main source of potable water supplying the 50,000 Diné (Di-Nay) and Hopi (Hoh-Pee) peoples who live on the Black Mesa plateau in Northeastern Arizona. Begay once worked at the Kayenta coal mine, which drained the aquifer for five decades before it closed down in September 2019.

“Peabody is supposed to refill the aquifer with the same quality of water, and this is pristine Ice Age-quality water,” Begay said. “I don’t know how they’re going to do that. I don’t think they will.” 

The Navajo Nation is the largest reservation in the United States, spanning 27,000 square miles across Arizona, Utah, and New Mexico. Approximately 30% of the 173,000+ residents live without access to reliable clean drinking water1, and these water hauls have been the reality of Diné residents for generations. Each resident uses approximately 7 gallons (26.5 liters) of water a day, while the American average sits at 100 gallons (378.5 liters) of water usage per day

Key Takeaways

If you’d like to get involved with Diné water rights, 

Photos by Akira Iyashikei
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The Supreme Court Rules Against Navajo Nation

For over 20 years, the Navajo Nation has fought for water sovereignty through improved access from the lower Colorado River. As the reservation’s northwestern border, it provides water for 40 million people across seven states in the Southwest United States, who have struggled to agree how to regulate their water usage.2 States such as Arizona, California, and Nevada have historically opposed other tribal water3 efforts since the 1950s to maintain water for their own communities and economies. 

The federal government legally represents tribal interests in water disputes,4 thus rendering Indigenous peoples unable to advocate for their own water sovereignty in negotiations. The Navajo Nation’s attempt in securing water rights reached the Supreme Court, demanding to uphold the Winters Doctrine of 1908, which states “the creation of a Federal reservation carries implicit rights of water to serve that reservation.” 

However, the Supreme Court ruled on June 22, 2023, that the federal government is not required to assess water needs or meet those needs via the Colorado River. Under the pressure of climate change, which has caused a drought since 1994,5 residents of the Navajo Nation are determined to once again achieve the water sovereignty of centuries ago through grassroots organizing. 

Key Takeaways

If you’d like to get involved with Diné water rights, 

Photos by Akira Iyashikei

Native Water For Colonial Interests

In pre-colonial times, the Diné harvested rainwater and utilized the springs that bubbled up from the N-Aquifer. Under settler-colonialism, they were forcibly moved onto the newly created reservation in 1868. Despite government promises to provide them with seeds, tools, and adequate water for farming in exchange for ending their nomadic lifestyle, they were left out of early 20th-century water allocation negotiations among the new American states.

Peabody Energy acquired 64,000 acres for water use and mineral rights in the 1960’s under a lease with the Navajo Nation,6 constructing coal mines and pipelines. According to grassroots organization Tó Nizhóní Áníi (Sacred Water Speaks), which advocates for protecting Black Mesa’s water from industry use and waste, Peabody mining projects have destroyed surface geology and depleted the N-Aquifer. 

Black Mesa resident and retired rancher Percy Deal, 74, has been part of Tó Nizhóní Áníi since his father helped found the organization after witnessing how mining affected their water. Deal hopes an institution will soon conduct a formal study on the full impact of mining operations to the water, and is searching for a hydrology engineer to help with water-saving projects across Black Mesa. 

“My grandmother was present at the official meeting between the Navajo Nation and Peabody Energy when they began their 50-year lease,” Deal said. “They were told your children will have jobs and your future generations will have money. They were not told how the mining was going to extract water.” 

Peabody Energy operated the Black Mesa mine and Kayenta mine beginning in the 1970’s, using N-Aquifer groundwater to transport coal from the mines through a slurry line to Mohave Generating Station 273 miles away. Many residents find that the Reclamation standards set in 1990 are inadequate given the devastating effects of climate change. 

A July 2023 study by the Institute for Energy Economics and Financial Analysis7 found Peabody used 1.3 billion gallons (4.9 billion liters) of N-Aquifer groundwater each year since 1971 and that the US Department of the Interior has failed to hold Peabody responsible for its overuse of water. Today many residents, including Deal, are witnessing wells dry up, and must drive to congested community water stations to haul water back to their homes.  

Key Takeaways

If you’d like to get involved with Diné water rights, 

Photos by Akira Iyashikei

A Continued Legacy Of Resistance To Displacement

Carlos Begay, now a grandfather, technically lives outside Navajo Nation’s borders on what is now deemed as Hopi Partitioned Land (HPL) since the Hopi-Navajo Land Resettlement Act in 1974, which was intended to solve tribal land disputes but resulted in the displacement of over 10-15,000 Diné. He, along with approximately 50 other generational families, live in resistance to relocation efforts on 150 square miles, and the majority of them source their water from the Peabody well8 or the Sagebrush Spring well several mines away. 

“We used to have a well pump at a windmill about three miles from my mom’s house, and that groundwater was our main water source. The animals would go there to drink, and we’d haul water for the house,” Begay said. “But the piping and pump are all rusted out now. We asked the Hopi tribe to repair our windmill, and they won’t do it. They removed the barrel and said they couldn’t do much else.”

Begay estimates he spends $100 a week to haul water for his mother’s land, because he must drive 50 miles to the nearest gas station and then back to the well before taking it to her compound. Since he lives on the HPL, the construction of a new well must be approved by the Hopi government before drilling. The Resettlement Act also enforces heavy restrictions on livestock and bans on new construction.

“It just seems like the Navajo Nation has been working against us for a long time and the Hopi don’t want us,” Begay said. “Who do we turn to? The federal government is supposed to be there but they’re just sitting on the sideline. They’ve turned their backs on us.”

Key Takeaways

If you’d like to get involved with Diné water rights, 

Photos by Akira Iyashikei

A Future Powered By Grassroots Movements

After a series of sheep impoundments on the HPL by the Hopi police in 2015, Begay’s sister Salina founded Black Mesa Resistance Camp. The grassroots organization works to repeal the Resettlement Act, advocate for land and water sovereignty, and provide basic needs to HPL residents with the help of supporters from across the nation who aid elders in hauling water, wood, and sheepherding.

“It is very important to Indigenous people because we know how to use and take care of our Mother Earth,” Salina said. “Especially for elders who hug onto their ancestor’s land.”

Diné grassroots organizing forced the closure of the Black Mesa slurry line and mine in 2005, and the closure of the Navajo Generating Station and Kayenta mine in 2019. Nowadays, Tó Nizhóní Áníi demands proper reclamation of clean water and land.

However, hydroelectric energy company Nature and People First has proposed the creation of Black Mesa Pumped Storage Project, which would create eight water reservoirs across 38,000 acres to generate electricity. It sought the approval of only a single Navajo Chapter and applied for permits before seeking approval of other community members. 

“My mom and dad never saw the end of the Peabody operation. They were never told the effects on the land and their crops. The corn used to grow six or seven feet, now it grows one foot and dies.” Deal said. “Now someone wants to come in for the next 100 years? I would not see the end of that lease in my lifetime. My grandchildren or great-grandchildren would see the end, and who knows what the land would look like then?”

Recently Tó Nizhóní Áníi sent a resolution to the Federal Energy Regulatory Commission stating the strong opposition to the 100-year lease contract from 18 Navajo Chapters, due to the resulting further depletion of the Colorado River and N-aquifer, and the environmental impact it would have on the land and people. 

Meanwhile, Tó Nizhóní Áníi collaborates with individuals to educate residents on the life of the surrounding land, whose survival depends on water sovereignty. 

“I remember as a child looking at the valley, and everything would be green. That’s how healthy I knew the land was back then,” Deal said. “We pray to the water. There’s got to be a better way for us to take care of Mother Earth and take care of the water. It’s the most precious thing in everybody’s life.”

Key Takeaways

If you’d like to get involved with Diné water rights, 

Photos by Akira Iyashikei