In May, the Lower Basin states proposed to cut water allocations from the Colorado River by 13 percent through 2026 when current river management guidelines expire.  The agreement allows the Bureau of Reclamation to shift its focus from stopgap protective measures to the development of post-2026 operational guidelines and strategies for the Colorado River reservoirs (Lakes Powell and Mead).

Reclamation formally initiated the process in June with a Notice of Intent to Prepare an Environmental Impact Statement (NOI) and plans to host a series of meetings this summer for public comment, seeking input regarding changes to the various components of the 2007 Interim Guidelines.  The Secretary of the Interior indicated that negotiations would focus strongly on collaboration between the states, 30 Tribes, Mexico, and other stakeholders.  Historically, Tribes have been excluded from river management negotiations, but at a recent meeting of tribal nations, 13 representatives stated their intent to be involved in the development process.

Collectively, Tribal nations own rights to approximately a quarter of the river’s average water supply, a figure that is likely to grow as 11 tribes’ water rights have yet to be determined.[1]  Gov. Stephen Roe Lewis of the Gila River Indian Community in Arizona stated, “As we develop a post-2026 plan, it’s no longer acceptable for the U.S. to meet with seven basin states separately, and then come to basin tribes, after the fact, with a post-hoc explanation or rationalization of what was discussed, or even worse, what was decided.” [2]  In the NOI, Reclamation stated that they will be available to meet with and “prioritize regular, meaningful, and robust consultation with Tribal Nations.”[3]

As post-2026 planning begins, basin states and other stakeholders have weighed in with priorities for the new agreement to address the overallocation of the river.  Becky Mitchell of the Colorado Water Conservation Board maintains that the amount of water allocated must be based on actual amounts available, taking into consideration climate change, evaporation, and infrastructure leaks.  She also emphasizes that water cuts must be equitable across all users.  Others emphasize the need for flexible guidelines that easily adjust to real-time circumstances and incentives that stimulate substantive reductions in water use.

The process of crafting the post-2026 plan is anticipated to be contentious as all stakeholders will have to reach an agreement on future operating guidelines, but all can agree now that the terms must be more adaptive than current strategies.

[1] James, Ian. “Tribes Seek Greater Involvement in Talks on Colorado River Water Crisis.” Los Angeles Times, 16 June 2023, www.latimes.com/environment/story/2023-06-16/tribes-push-for-greater-involvement-in-colorado-river-talks.

[2] Mullane, Shannon. “Colorado River Officials Weigh How to Cut Water, Include Tribes Ahead of Looming Negotiations.” The Colorado Sun, 12 June 2023, coloradosun.com/2023/06/12/colorado-river-negotiations-tribes-top-priorities-2026/.

[3] Touton, Maria   Camille. “Notice of Intent to Prepare an Environmental Impact Statement and Notice to Solicit Comments and Hold Public Scoping Meetings on the Development of Post2026 Operational Guidelines and Strategies for Lake Powell and Lake Mead .” Public-Inspection.Federalregister.Gov, 16 June 2023, public-inspection.federalregister.gov/2023-12923.pdf.