The Intersection of the Law and Health: Water (In)security in Indian Country

Water is life—indispensable to the health, socioeconomic, and cultural needs of any community. In the United States, every household deserves reliable, affordable access to clean drinking water. However, tribal communities disproportionately suffer from water insecurity, with nearly 48% of Native homes lacking access to clean water or basic sanitation compared to less than 1% nationwide. This persistent problem became a matter of life or death during the COVID-19 pandemic, where the absence of running water heightened the risk of virus transmission. While the pandemic highlighted this crisis, tribal water insecurity is not a new problem; it is rooted in historical federal policies. This chapter examines the persistent challenges to water access, emphasizing its vital link to health and cultural traditions. It discusses the federal government’s related treaty and trust responsibilities as well as recent and historic funding provided by the Infrastructure Investment and Jobs Act that can help close the water gap and secure clean water for tribal communities.