Anna V. Smith INTERVIEW March 10, 2020
High Country News spoke with Daryl Vigil (Jicarilla Apache, Jemez Pueblo and Zia Pueblo), water administrator for the Jicarilla Apache Nation. Vigil, the interim executive director of the Ten Tribes Partnership, helped co-facilitate the Water and Tribes Initiative, coalitions focused on getting increased tribal participation on Colorado River discussions. Those efforts are critical, Vigil says, “because left to the states and the federal government, they’ve already proven that they will leave us out every time.”
HCN and Vigil spoke about “the law of the river” — the colloquial term for the roughly 100 years of court cases, treaties, agreements and water settlements that govern the Colorado — as well as tribal consultation and climate change.
The Colorado River Basin is the setting for some of the most drawn-out and complex water issues in the Western U.S. In 2019, the Colorado River Drought Contingency Plan — a water-conservation agreement between states, tribal nations and the federal government for the basin, now in its 20th year of drought — passed Congress. This year, it goes into effect.
2020 will also see the start of the renegotiation of the Colorado River Interim Guidelines. The guidelines, which regulate the flow of water to users, were created in 2007 without tribal consultation and are set to expire in 2026.
The 29 tribal nations in the upper and lower basins hold some of the river’s most senior water rights and control around 20% of its annual flow. But the tribes have often been excluded from water policymaking; around a dozen have yet to quantify their water rights, while others have yet to make full use of them. Most of the tribal nations anticipate fully developing their established water rights by 2040 — whether for agriculture, development, leasing or other uses. Drought and climate change are still causing shortages and uncertainty, however. Already, the Colorado River has dropped by about 20%; by the end of this century, it could drop by more than half.