In April, six Upper Basin Tribes signed a memorandum of understanding (MOU) allowing them access to information regarding mutual concern issues limited to states and the federal government.
The MOU between Upper Basin Tribes, including the Jicarilla Apache Nation, Navajo Nation, Ute Mountain Ute Tribe, Southern Ute Indian Tribe, Ute Indian Tribe and the Paiute Indian Tribe of Utah, along with the Upper Basin states represented by the Upper Colorado River Commission (UCRC), comes after two years of negotiations.
UCRC serves as an interstate water administrative agency established by action of five state legislatures and Congress through the 1948 Upper Colorado River Basin Compact. Its primary function is to oversee the equitable distribution of water from the Colorado River to the upper division states of Wyoming, Colorado, Utah and New Mexico. In addition, it ensures adherence to the 1922 Colorado River Compact among the lower division states of Nevada, Arizona and California, as well as the Republic of Mexico.
The MOU aims to foster collaboration and facilitate the exchange of information among the parties concerning Colorado River Basin matters. Tribes and UCRC members will meet approximately every two months to collaborate and share pertinent information regarding the Upper Colorado River Basin.
“This MOU is the culmination of the Tribal Nations’ decades of hard work to change the status quo regarding tribal involvement in Colorado River management and decision-making,” Sonja Newton, vice president of the Jicarilla Apache Nation, said in a statement. “This MOU is a major achievement in our continuing work to ensure that Tribes are included in a manner that is consistent with their sovereign status.”
Chairman Manuel Heart of the Ute Mountain Ute Indian Tribe emphasized the significance of the MOU, underscoring its role in formalizing crucial relationships and establishing a cooperative framework for coordinating efforts toward developing post-2026 Guidelines. As the Upper Basin Tribes are entitled to around 25% of the water rights in the Upper Basin, they are actively exercising and leveraging these rights for their benefit.
CRIT agreement
On April 26, Secretary of the Interior Deb Haaland and representatives of CRIT, federal, state and local leaders announced a water rights agreement granting the Tribes the ability to lease, exchange, or store a portion of their Arizona Colorado River water entitlement.
Until the introduction of the Colorado River Indian Tribes Water Resiliency Act of 2022, Tribes could not control their water rights. The bill paved the way for negotiations between the Tribe, the state, and non-Indian water users toward Tribal self-determination and sovereignty.
“Today we celebrate the empowerment of our rights to make our own decisions with who, when and how our water resources may be used,” CRIT Chairwoman Amelia Flores said. “This is a significant event in the history of CRIT. These agreements clear the path for CRIT to finally be recognized as an essential party in all future decisions regarding the future of the Colorado River.”
The bill was originally introduced by Arizona Sens. Mark Kelly (D) and Kyrsten Sinema (D), granting CRIT the authority to lease water previously allocated for on-reservation farming to support off-reservation use within Arizona to safeguard natural habitats and provide short-term relief for entities grappling with drought or water shortages statewide.
According to the Parker Pioneer, Kelly said the agreement is a “win-win situation,” highlighting its benefits for CRIT, which gains sovereignty and economic opportunities. Kelly emphasized that this deal, bridging the state and tribal interests, is significant for CRIT and the broader state and water users facing the challenges of a 20-year drought, considered the worst in a millennium. — Charles Wallace, WLJ contributing editor
