Indigenous Futures: Treaty & Water Rights Together in Protecting the Living Colorado River

American Indian Airwaves

With Lake Mead, Lake Powell, and the Colorado River decades-plus declining water levels with a one-year reprieve last year, and an ever-increasing demand for the water in the living Colorado River over the centuries by the states of California, Nevada, and Arizona, agricultural businesses and other commercial industries, Native American nations have historically been denied their fundamental treaty and human rights when it comes to the source of life: water. Over the century, the United States Supreme Court, certain U.S. Congressional members, and others complicitly engaged in the settler colonial legacy of violence not only against the 30 federally recognized Native American nations related to the living Colorado River, but all life that the “River” sustains since time immemorial. What happens to the living Colorado River between now and 2026 has yet to be determined. In late October of 2023 the U.S Bureau of Reclamation (USBR) released its draft Supplemental Environmental Impact Statement (SEIS) in which they are positioned to move forward with the CA, AZ, & NV states planning to give up about 13% of the water received from the Colorado River through the end of 2026. What comes next is a 45-day public comment period on the draft Supplemental Environmental Impact Statement (SEIS), which is expected to be finalized in early 2024. At stake, however, are the treaty and water rights for 30 federally recognized Nation American nations connected to the living Colorado River which is also a major water supply for 40 million people, seven states, and 5.5 million acres of agriculture. Today on American Indian Airwaves we cover what all this means, particularly for the 30 Native American nations in general, but also, we explore and discuss the complexities of treaty and water rights in Federal Indian Law in relationship to the future of the living Colorado River. Our guest for the hour is an accomplished attorney who has worked with numerous Native American nations and governments for more two decades and he has developed extensive expertise in the area of federal Indian water law, worked on multiple Native American water rights settlements, and has represented clients in adjudications and other water-related proceedings in California, Montana, and Oregon. Guest: Jay Weiner, tribal water attorney for the Quechan Indian Nation (Kwatsáan) located along both sides of the Colorado River near Yuma, Arizona; and of counsel at Rosette, LLP; a majority owned Native American Law Firm. Archived programs can be heard on Soundcloud at: https://soundcloud.com/burntswamp American Indian Airwaves streams on over ten podcasting platforms such as Amazon Music, Apple Podcast, Audible, Backtracks.fm, Gaana, Google Podcast, Fyyd, iHeart Media, Mixcloud, Player.fm, Podbay.fm, Podcast Republic, SoundCloud, Spotify, Tunein, YouTube, and more.