Statement Regarding Federal Release of Final Environmental Impact Statement Regarding Colorado River Operations

PRESS RELEASE

Executive Office

The Department of the Interior released its Final Environmental Impact Statement regarding Colorado River operations (FEIS) to address the ongoing drought in the Colorado River Basin. This document proposes actions that deviate substantially from the requirements of the Law of the River, and on its face fails to adequately address the federal government’s trust responsibility to tribes in the Basin who are seriously affected by cuts to critical water supplies. The Community has forcefully made its case to the federal government throughout this process that it cannot simply take our water without our consent, a position that reflects a similar view expressed by others in the Lower Basin.

The FEIS covers a 10-year period, with biennial Operating Guidelines to be developed over its term. The first set of Operating Guidelines covering the period 2027-2028 is still being finalized and the expectation is that it will be completed very soon. There will undoubtedly also be agreements that will need to be finalized with affected parties, including the Community, for the first set of Operating Guidelines to be effective. The Community has been deeply engaged with both the federal government and the Lower Basin States to ensure that this first set of Operating Guidelines, and the implementing agreements, represent a path forward that we can all support as an interim measure that will give us time to continue discussions to develop long-term Basin-wide solutions.

Key elements should include a balanced approach to divide the shortages we are facing, as well as modifications to water supply that should be available over the next two years should hydrology conditions improve. Another essential element is the federal commitment to offset the reductions that the federal government itself will impose on tribal water rights and whether such offset or other funding meets the federal trust obligation.

Governor Lewis stated, “The most recent discussions among the Lower Basin States, tribes and the federal government have been encouraging, and I am optimistic that we may be on a path that will prove successful for the next two years. To be clear, if the final version of the Operating Guidelines for 2027-2028 does not meet our reasonable expectations of our trustee, we will stand ready to challenge this FEIS and the Operating Guidelines in every forum available to protect our Community’s interests in this difficult time.”