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

Chairwoman Amelia Flores:
“The Colorado River Indian Tribes appreciates the continued engagement by the Bureau of Reclamation as the Post-2026 Colorado River operations process moves forward. In response to CRIT’s request Reclamation recently reached out to us and walked us through the portions of the final Environmental Impact Statement relating to changes made to the document in response to comments CRIT raised during the process, but we were not shown the entire statement.

We are encouraged that Reclamation has acknowledged in the final EIS the recent action taken by Tribal Council acknowledging the Colorado River is alive and entitled to protection under CRIT Tribal law.We are also encouraged the final preferred alternative does not include allocating shortages on a pro rata basis for all water users, but instead any allocation of shortages would occur through the existing priority system or through agreements between willing parties. As long as federal agencies follow the law CRIT’s senior water rights will be protected.

We remain concerned that the BIA’s failure to properly maintain our irrigation systems adversely impacts on our ability to conserve and properly use our Colorado River water allocation.

We are mindful of the significant shortages that will be borne by tribal and other water users elsewhere in Arizona and we remain hopeful that an agreement between the United States, and the seven basin states that respects tribal sovereignty will be reached.

At the same time, we remain concerned that the highly compressed schedule severely limits our ability to conduct a comprehensive review before the document becomes final. The conversation with Reclamation was helpful, but it was not government-to-government consultation. Going forward, as the preferred alternative is being implemented, CRIT expects true consultation that respects our sovereign status and provides adequate time for meaningful review and input.”

Vice Chairman Dwight Lomayesva:
“This consultation was a good start. Our immediate need is to protect CRIT’s allocation and ensure the federal government follows the law. When received, CRIT will evaluate the final EIS and protect the Tribe’s rights, resources, and future on the Colorado River.”

The CRIT Museum hosted a hands-on bark skirt construction class on July 16 at Lazy D Park, giving participants an opportunity to learn a traditional skill while connecting with cultural knowledge.

The class was led by traditional craftsman Richard Montague of the Fort Yuma Quechan Indian Reservation. Montague learned bark skirt construction and many other traditional skills from his grandparents, who are Quechan, Maricopa, and Mohave.

During two sessions, Montague guided participants through the process of creating a traditional bark skirt, from preparing harvested plant materials to constructing a finished skirt panel. All materials used during the workshop were harvested from the Tribes’ homelands.

Participants learned how to identify cured willow and cottonwood bark, recognize when the plants are ready to be harvested and carefully collect the bark in a way that allows the plants to continue growing. They also sorted and prepared the bark for weaving before learning how to attach it to a cordage belt foundation. (more…)

The Colorado River has always sustained the Colorado River Indian Tribes, and protecting it means understanding CRIT’s history, sovereignty, and senior water rights. This presentation by Lead Water Counsel John Bezdek walks Tribal Members through the timeline of CRIT’s connection to the river from the original establishment of the Reservation in 1865, to major court decisions, federal infrastructure, drought conditions, water shortages, and current efforts to protect CRIT’s future.

The update also explains why CRIT holds the senior-most Tribal water rights in the Colorado River Basin, what current shortage discussions could mean for the Tribe, why CRIT strongly opposes pro-rata reductions, and how Tribal Council and the CRIT Water Team are working to protect CRIT’s water resources for future generations. Tribal Members are encouraged to stay informed, remain vigilant, and continue protecting their connection to the river. Click on the link below to download the presentation.

Colorado River Update

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…)