Page:Arizona v. Navajo Nation.pdf/11

8 In the Tribe’s view, the 1868 treaty imposed a duty on the United States to take affirmative steps to secure water for the Navajos. With respect, the Tribe is incorrect. The 1868 treaty “set apart” a reservation for the “use and occupation of the Navajo tribe.” 15 Stat. 668. But it contained no “rights-creating or duty-imposing” language that imposed a duty on the United States to take affirmative steps to secure water for the Tribe. Navajo Nation, 537 U. S., at 506.

Notably, the 1868 treaty did impose a number of specific duties on the United States. Cf. Jicarilla, 564 U. S., at 184–185. For example, the treaty required the United States to construct a number of buildings on the reservation, including schools, a chapel, a carpenter shop, and a blacksmith shop. 15 Stat. 668–669. The treaty also mandated that the United States provide teachers for the Navajos’ schools for at least 10 years, and to provide articles of clothing or other goods to the Navajos. Id., at 669. And the treaty required the United States to supply seeds and agricultural implements for up to three years. Ibid.

But the treaty said nothing about any affirmative duty for the United States to secure water. And as this Court has stated, “Indian treaties cannot be rewritten or