Tribes ask to be included in river policy, seek access to clean water

Wednesday, December 8, 2021
The Colorado River, Utah Department of Natural Resources
In 1922, seven states signed the Colorado River Compact, an agreement on how to divide water resources from the Colorado River to increase Western development. However, at that time Native Americans weren't considered U.S. citizens, and tribes were excluded from the agreement. Even when states were forced to negotiate a new set of rules in 2007 due to drought conditions, tribes were again excluded from the process. Although state water managers and the federal government has said that they will include tribes in upcoming policy negotiations, tribes are asking Interior Secretary Deb Haaland for legal changes to ensure that they have a seat at the table.

Tribes have a right to be concerned: to this day, tribal members still often lack access to clean running water, an issue exacerbated by being left out of the original Colorado River Compact. One report found that Native American households are 19 times more likely to lack piped water services than white households. An exceptionally high percentage of tribes that rely on the Colorado River lack running water in their homes, such as 40% of the Navajo Nation. The importance of running water has been highlighted during the COVID-19 pandemic, with studies showing a higher infection rate in communities with limited access to running water.

Collectively, tribes do own the rights to much of the water that flows through the Colorado River—about a quarter of it. But the situation has blocked tribes from accessing federal funding for infrastructure, making tribes unable to tap the resource. If tribes were to finally have access to more of their water rights, it would reduce the amount of water available to other states and users. That concern over the valuable commodity is one reason some states are hesitant to include tribes in negotiations. But equitably distributing water is the entire point of the compact.

Now, there is an opportunity to re-write the story of the Colorado River and ensure that its traditional stewards have a seat at the table when discussing its future. It's time for water equity in the West to open a new chapter.
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Quote of the day
“Through the end of September, [the Biden administration] had approved 98 percent of the [drilling] permit applications they had processed — 98 percent! During fiscal year 2020, towards the end of the Trump administration, they were approving permits at a clip of 94 percent. If 98 percent approval isn’t a rubber stamp, I don’t know what is.”
 
—Jesse Prentice-Dunn, Policy Director at the Center for Western Priorities, Yahoo News
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