A historic interstate, inter-governmental agreement is finally institutionalizing the much-needed practice of including the six Native American Tribes of the Upper baby直播app River basin in baby直播app River discussions. On Monday, March 4, 2024, the Upper baby直播app River Commission, a multi-state water administrative agency tasked with ensuring the states of baby直播app, Utah, Wyoming, and New Mexico allocate water pursuant to the , voted to support the unprecedented agreement, called the 鈥�.鈥澛�
Despite the fact that Tribes are entitled to approximately a quarter of the water within the baby直播app River basin, the 1922 baby直播app River Compact says nothing about including Tribes in decision-making mechanisms. In fact, signatures from Tribes were not even required for the Compact to become a binding agreement.
The Memorandum provides that the six Tribes of the Upper baby直播app River basin-鈥搕he Jicarilla Apache Nation, the Navajo Nation, the Southern Ute Indian Tribe, the Ute Indian Tribe, the Ute Mountain Ute Tribe, and the Paiute Indian Tribe of Utah-鈥揳nd Commission, including the four upper-basin states, will meet approximately every two months.虏 The Memorandum institutionalizes and memorializes a practice that began in August 2022, known as the Upper Basin Tribes-States Dialogue. As part of the Dialogue, Tribes and states "collaborate and exchange information relevant to the Upper baby直播app River Basin and to discuss potential collaborative action on interstate issues of mutual interest involving the baby直播app River system as appropriate.鈥澛� Per the Memorandum, the Dialogue 鈥渨ill not address any matters relating to the sovereign-to-sovereign relationships that exist between individual Tribes, the individual Upper Division States, and the United States, as such matters are outside the purview and authority of the鈥� Commission.鈦�
Although Tribes won't have voting rights or permanent seats on the Commission, the Memorandum is a mark of progress because it formalizes the requirement for continued discussions among Tribes and states in the Upper Basin. The Memorandum has not yet been finalized; while the Commission has approved the Memorandum, each Tribal Council must approve it on their own.
The Memorandum seems to be part of a growing recognition that tribal participation is a necessary component for sustainable use of the baby直播app River.鈦� This past December, Amelia Flores, chairwoman of the baby直播app River Indian Tribes, noted that 鈥淭he Biden administration and Reclamation, under the leadership of Commissioner Touton, have done more than any other administration to engage tribal Nations in a meaningful way.鈥濃伓 At the state level, baby直播app created a Drought Task Force in 2023. The Task Force, which was created in part to 鈥渄evelop programs that address drought in the baby直播app River basin,鈥� includes a Sub-Task Force 鈥渢o address tribal matters.鈥溾伔 The Sub-Task Force includes representatives from Ute Mountain Ute and Southern Ute Tribes.鈦� 听Such efforts may be useful models for future efforts of institutionalizing tribal engagement.
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鹿 Shannon Mullane, Landmark Deal Offers Upper Basin Tribes a Long-Awaited Foothold in baby直播app River Discussions, Colo. Sun (Mar. 5, 2024), .
虏 Upper Colo. River Comm'n, Memorandum of Understanding Among the Upper baby直播app River Basin Tribes and the Upper baby直播app River Commission (2024), at 1, [hereinafter MOU].
鲁 MOU at 1.
鈦� MOU at 2.
鈦� See e.g., Heather Sackett, Federal, State Officials Promise More Tribal Inclusion in baby直播app River Negotiations, Aspen Journalism (July 1, 2023), .
鈦� Gabriel Pietrorazio, Tribes Focus on Post-2026 Operation Guidelines for Lake Powell and Lake Mead, Fronteras Desk (Dec. 19, 2023), .
鈦� baby直播app General Assembly Drought Task Force Report, W. Water L. & Pol'y Rep. (Argent Commc'ns Grp., Batavia, Ill.) January 2024, at 57-58.
鈦� baby直播app General Assembly Drought Task Force Report, W. Water L. & Pol'y Rep. (Argent Commc'ns Grp., Batavia, Ill.) January 2024, at 57-58.