The Hill Quotes Jason Hauter on Tribal Water Rights and the Colorado River

July 3, 2023

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For its article “Tribal nations push for seats at the table in Colorado River negotiations,” The Hill quoted Akin lobbying & public policy partner Jason Hauter. The article discusses upcoming renegotiations of the operational guidelines governing the Colorado River, regional tribal nations’ demands to participate in these negotiations, and the possible impact of said participation. Firm client Gila River Indian Community (GRIC) is an influential player in the region’s water management, reports The Hill.

Jason, whose practice focuses on representation of Indian tribes and tribally owned enterprises and who served as in-house counsel for the GRIC, of which he is a member, said there are certain big-picture principles on which tribal leaders tend to agree, stressing, however, that “Tribes are not this monolithic thing.”

He explained that the nature of each tribe’s water rights is different, just as their proximity to water resources and infrastructural capacity are. Jason said, “The biggest benefit to having a seat at the table is understanding what’s being discussed among the basin states…earlier in the process rather than as a kind of afterthought.”

He discussed a planning process in which the GRIC needed to be “very engaged” as a result of the threat of cuts and real costs to high-priority water users.

Jason noted that, although it might be ideal to settle all outstanding water rights cases before beginning negotiations, he believes that it would be “impossible” to do so immediately and that the talks’ result “isn’t going to change the ability of tribes to ultimately reach settlement.”

On the topic of conservation strategies, he included such steps as pivoting toward more durable infrastructure, boosting operational efficiency in agriculture and improving access to clean water.

Looking at the upcoming talks, Jason said he perceives “a willingness for shared sacrifice” and noted that “the details of how that’s shared is really where the conversations get difficult.”

Learn more about Jason and the firm’s work with the Gila River Indian Community here.

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