The majority in the 5-4 decision wrote that the treaty did not require the country to take “affirmative steps” to secure water for the tribe. The 1868 peace treaty in question established a reservation for the Navajo and granted them the right to use …The majority in the 5-4 decision wrote that the treaty did not require the country to take “affirmative steps” to secure water for the tribe. The 1868 peace treaty in question established a reservation for the Navajo and granted them the right to use …