The foundation of the laws, treaties, acts and policies that govern the Colorado River is the Colorado River Compact of 1922. Over the past 100 hundred years, dozens of additional agreements and decisions have been layered on top, providing for the management framework we know today. 

As we look to the future, and as individuals who represent Tribal and environmental interests in the Colorado River Basin, we believe it is time to return to — and reimagine — one of the primary stated purposes of the 1922 Compact: to provide for the equitable use of water.

For me, Lorelei, it’s personal. Rooted in the Southern Ute Indian Tribe and raised on the Reservation in southwestern Colorado, my life has been deeply intertwined with water. 

We lived in one of the first adobe houses on the Reservation and did not have running water. We relied in part on groundwater, but the well often dried up. So, we hauled water once a week and my grandmother boiled ditch water for drinking water as needed. 

Water was a scarce resource, and we often had to choose between using water for drinking, taking showers or flushing the toilet. This scarcity is still a reality for many Native Americans today across the country.

I grew up knowing that water is a living, sacred being. Our Ute (Nuuchiu) culture centers around water, and we offer prayers for and with it. Water is the heart of our ceremonies. We were taught early on to take and use only what is needed. Above all else, we must care for the spirit of the water.

When I was first elected to the Southern Ute Tribal Council in 2015, I was asked to participate in the Ten Tribes Partnership, or TTP, which is a coalition of the 10 Tribes along the Colorado River focused on securing and using tribal water. After one year, I was asked to chair TTP.

I drew on my personal and spiritual connection to water and started learning about the complex legal and technical issues related to managing water in the American West. I was stunned to learn that Tribes have historically delegated to have little to no role in managing Western water, and that tribal needs and interests are often marginalized.

In recent years, I have had the opportunity to work alongside many people from diverse walks of life to begin addressing these inequities: lack of inclusion in decision-making; lack of access to clean water; and lack of capacity to manage, develop and use water. 

I became a founding member of the Water and Tribes Initiative, or WTI, for the Colorado River Basin; was the first Native American appointed to the Colorado Water Conservation Board and the Colorado Chapter of The Nature Conservancy; co-founded the Indigenous Women’s Leadership Network, a program of WTI; and helped forge an historic agreement among the six tribes in the Upper Basin the Colorado River and the states of Wyoming, Colorado, Utah, and New Mexico to allow Tribes to be more meaningfully involved in collaborative problem-solving (but not decision-making per se).

Like Tribes, environmental interests have mostly taken a backseat to the use of the Colorado River for municipal and agricultural purposes. Most adjustments to address cultural and ecological values have been treated as subservient to the allocative laws that largely service municipal and agricultural interests.

Returning to the primary purpose of the 1922 Compact, we believe that providing for the equitable use of water includes substantive and procedural elements. There’s a huge difference between how the Colorado River is managed for multiple values (substance) and how people who care about such issues determine what ought to happen (process). 

We are offering a process improvement. We believe it’s time to establish an ongoing, whole-basin roundtable that would embrace the entire transboundary watershed, address the major water issues facing the basin, and, importantly, provide an equitable process to engage all four sets of sovereigns (United States, Mexico, seven basin states and 30 Tribal nations), water users and stakeholders. 

The late University of Colorado law professor David Getches, an astute observer of Colorado River law, noted in 1997 that “the awkwardness and the intractability of most of the Colorado River’s problems reflect the absence of a venue to deal comprehensively with Colorado River basin issues.” He called for “the establishment of a new entity that recognizes and integrates the interests and people who are most affected by the outcome of decisions on major Colorado River issues.” 

Many other scholars and professionals have supported a whole-basin approach to complement, not duplicate, other forums for engagement and problem-solving in the basin. Establishing a whole-basin forum is also consistent with international best practices, as most transboundary river basins throughout the world have some type of river basin commission. 

A whole-basin forum would be a safe place to have difficult conversations, to exchange information, build trust and relationships, and to develop collaborative solutions. It should rely on the best available information, including Indigenous knowledge.

Addressing the historic inequities built into the fabric of governing the Colorado River requires innovative substantive tools as well as procedural reforms focused on engagement and problem-solving. We look forward to working with all of you to shape a more equitable, more sustainable future for the Colorado River.

Vice Chairman Lorelei Cloud lives on the Southern Ute Indian Reservation and is the first Native American appointed to the Colorado Water Conservation Board and the Colorado Chapter of The Nature Conservancy.

John Berggren lives in Boulder and is the Regional Policy Manager, Healthy Rivers for Western Resource Advocates.

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