Page:Arizona v. Navajo Nation.pdf/3

Rh 3-year period to the Tribe does not, as the Tribe contends, mean that the United States has an additional duty to take affirmative steps to secure water, but rather demonstrates that the United States and the Navajos knew how to impose specific affirmative duties on the United States under the treaty. Third, the Tribe asserts that the United States’s purported control over the reserved water rights supports the view that the United States owes trust duties to the Navajos. But the “Federal Government’s liability” on a breach-of-trust claim “cannot be premised on control alone.” United States v. Navajo Nation, 556 U. S. 287, 301. Finally, the text of the treaty and records of treaty negotiations do not support the claim that in 1868 the Navajos would have understood the treaty to mean that the United States must take affirmative steps to secure water for the Tribe.

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