On July 31, the Final Environmental Impact Statement (FEIS) was released for the Post-2026 Operational Guidelines and Strategies for Lake Powell and Lake Mead. The Colorado River Indian Tribes (CRIT) Attorney General’s Office swiftly responded upon its release. There are major highlights to note in both the comment letter and the FEIS.
The release of the FEIS is the next step in the process of Reclamation implementing an operations plan for the upcoming water year beginning on October 1. We expect a Record of Decision (ROD), where Reclamation will identify the overall operational parameters for Lake Powell and Lake Mead for the next 10 years, to be released later this week.
CRIT’s declaration of Personhood Status has made it into the official federal record through the FEIS. For the first time ever, Reclamation has acknowledged that the Colorado River is entitled to protection under CRIT law. While it may appear to be a small acknowledgment within this massive federal document, its significance should not be overlooked because it recognizes CRIT’s sovereign Tribal law and its role in protecting the River for generations to come.
Reclamation removed pro-rata distribution from the Preferred Alternative, as it had previously told Council they would (read about their visit here https://bit.ly/4z4Yl13). The letter acknowledges that the federal government has stated in the Preferred Alternative that it will not impact Tribal water entitlements and that any water transactions must be between willing parties.
While Reclamation removed pro-rata from the Preferred Alternative, it did not remove the language from its initial listing of alternatives. The Attorney General was clear that CRIT will always oppose any approach that could disregard the established priority system by allocating shortages proportionally among water users, including those with senior rights, instead of following the law and protecting senior Tribal rights.
Despite these important developments, Reclamation did not fully address CRIT’s earlier comments, and concerns remain with the Final EIS. It continues to incorrectly group CRIT with Tribes that receive water through the Central Arizona Project (CAP). CRIT’s water rights are directly from the Colorado River and are acknowledged in Arizona v. California as the senior-most Tribal right on the Colorado River, which makes CRIT’s water rights fundamentally different from those of Tribes in Central Arizona. Therefore, treating CRIT as though it is similarly situated to CAP Tribes is fundamentally wrong and risks obscuring the legal priority and unique status of CRIT’s water rights.
Just as importantly, CRIT again raised concerns about the lack of meaningful Tribal participation in the broader Basin States negotiation process. CRIT’s position is that Tribal Nations must have a meaningful role in shaping the decisions, not simply an opportunity to comment after those decisions have already taken form.
Quickly filing the comment letter before Reclamation takes any action, and identifying the items in the FEIS where Reclamation failed to address CRIT’s comments, are important parts of the legal process necessary to preserve CRIT’s rights for the future.
Read the comment letter in its entirety and the FEIS below.
Comment Letter
L_Colorado River Indian Tribes_Comments to BOR on Final EIS on Post-2026 Operation Guidelines for Lake Powell and Mead_08022026
FEIS
https://www.usbr.gov/ColoradoRiverBasin/post2026/final-eis/index.html