STATUS REPORT ON NAVAJO LITIGATION

So far in 2019, there has been a lot of activity in the Navajo litigation. The New Mexico Supreme Court has agreed to hear the case, and all the briefs have been submitted. There are also several pending motions in the Supreme Court.

The Supreme Court has not yet set a date for oral argument. When that happens, we will post a notice on the website – sjagwater.org.

There is no way to predict what the Supreme Court will do. However, the chances of success for local water owners have improved in the last year, because other parties have now joined us in arguing against the lower court decisions.

The district court and the Court of Appeals ruled in favor of the Navajo Nation, but those decisions are so extreme that they undercut water law and water rights throughout New Mexico. So the State Engineer, the Albuquerque Bernalillo County Water Utility Authority, and the City of Gallup filed their own briefs pointing out major legal errors in the rulings. Their new briefs make many of the same arguments that we have been making for years.

In the next few days we will post some of the key briefs on the website.

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