Deputy Commissioner David Palumbo and Representatives from the Bureau of Reclamation (referred to as Reclamation) met with the Colorado River Indian Tribes (CRIT) Tribal Council on June 1st, 2026. This meeting was called a Government-to-Government consultation for on-going dialogue specifically regarding the development of the finalized Environmental Impact Statement (EIS). The EIS is a federal review of the different options being considered for operating major Colorado River dams and reservoirs after 2026, and the potential impacts of those options. In this meeting, representatives from Reclamation laid out developing plans they are calling Post 2026 Operational Guidelines and Strategies for Lake Powell and Lake Mead. In these guidelines, it will determine how the major Colorado River reservoirs, specifically Lake Powell and Lake Mead, are operated after the current rules expire. At the heart of Reclamation’s visit was the opportunity not only to explain its plans for the Colorado River and the Final EIS, but also to address CRIT’s major concerns with the Draft EIS. Most notably, the Draft EIS discusses the possibility of allocating shortages among all water users without regard to priority date. Priority date is the legal order that determines which water rights are senior and must be lawfully protected before junior users, to which CRIT has senior priority. This approach is known as pro rata allocation of shortages, and if applied, it will directly violate the Tribe’s senior water rights.
Reclamation’s presentation did not come with good news. According to its report, continued drought, climate variability, and historically low reservoir levels have created serious challenges for Colorado River operations. Representatives also explained that the Upper and Lower Basin states had not reached consensus on a Basin-wide proposal at the time of the meeting, making the federal decision-making process especially important. They discussed what they are calling a Preliminary Preferred Alternative: a 10-year framework that would establish broad operational principles and sideboards while allowing specific operational guidelines to be updated every two years. This method would provide flexibility rather than locking the Basin into a single fixed set of rules for the entire decade.
This means that Reclamation will decide operations for 2027–2028 first, then revisit operations for 2029–2030, and continue in two-year cycles. They said this might help tackle things in a real-time manner and adjust if required.
In response, CRIT Tribal Council members emphasized that the present crisis cannot be separated from the federal government’s long-standing obligations to the Tribe, including the need to address aging irrigation infrastructure and support CRIT’s ability to fully use and store its water. Council members expressed that, had those commitments been fulfilled earlier, CRIT and the Basin may be facing a very different situation today. Additionally, the conversation was centered mostly around pro rata, with all of Tribal Council members doubling down on making Reclamation commit to removing pro rata language in the final EIS. (more…)







