For a second time CRIT Chairwoman Amelia Flores and members of the Tribal Council provided updates, answered questions, and listened to concerns about issues surrounding Colorado River water.
About 80 people attended a meeting in August at the Blue Water Resort and Casino. In opening remarks Chairwoman Flores said, “We ae stewards of our river and that’s why we are here tonight.”
CRIT’s water attorney John Bezdek then updated tribal members on the status of potential water leasing made possible by a new federal law as well as enabling documents recently signed between CRIT, the State of Arizona, and the US Department of Interior. Bezdek stressed that CRIT has made no agreements to lease its water off reservation. Bezdek’s presentation stated, “Any potential lease, water storage agreement, or other off-reservation use of water will only occur, as required in the Referendum, after it has been approved by tribal council majority vote only after a public hearing.
The Tribal Council is working diligently to ensure CRIT would get the best possible price in any water leasing agreement. As drought conditions persist, CRIT water becomes more valuable. That’s one of the reasons CRIT’s Tribal Council, its staff, and its legal team are working to protect CRIT’s SENIOR water rights. Recent legislation has greatly helped in that regard, but more can be done. That’s because agreements that manage the operations of the Colorado River expire in 2026.
Bezdek’s presentation states, “Tribal Council is actively engaged in meetings with federal and state officials as guidelines are developed for Colorado River operations post-2026 to ensure the Colorado River remains a living river while protecting the Tribes’ rights.”
CRIT is also looking at all options to make its irrigation systems more efficient and to hold the BIA accountable for failing to do so.
The BIA irrigation project returns between 47% and 50% of the water diverted back to the Colorado River without being used. Most of the high return flow problems have been identified and solutions have been proposed, however, the BIA is NOT fixing the irrigation project. Leases will provide CRIT with funds to better capture this return-flow and increase project efficiency. This protects CRIT water from being taken in the future.
In response to a question, Tribal Councilmembers Jaymee Moore and Anisa Patch said the Tribal Council has been working to hold the BIA accountable at the local level and are now taking that effort to the next level by going higher up.
Tribal Councilmember Robert Page said that CRIT may have to take matters into its own hands regarding irrigation improvements given the BIA’s track record, “They’re never going to do it. They would have done it by now. The only way this gets done is if we do it ourselves.”
CRIT is currently working on a comprehensive water code to provide requirements on how the Tribal Council will solicit and evaluate water leasing proposals. This code will have tribal membership review and involvement.
CRIT Attorney General Rebecca Loudbear said, “There will be a number of articles under that code. One of them will be under marketing and leasing, storage, and exchange of water off reservation. It will also address things that we have not had codes for over the years including on reservation use of water, such as allocation of water for allotments and code that address permitting for wells.” Loudbear said the codes will also address responsibilities for CRIT’s Department of Water Resources. She added that the codes are a work in progress and some provisions may be presented to tribal members and the Tribal Council as soon as this winter.
Chairwoman Flores said as the drought continues, so does the work to safeguard water rights for CRIT and other reservations, “That’s why tribes need to be at the table. We’re in the room but we are not at the table. We want to set the table.” She urged members with questions or concerns to reach out to her. “Come and talk to us. Come and share your vision.”