In the wake of the U.S. Supreme Court Rio Grande case decision, Sherman & Howard water law attorney James Eklund shared his insights about how the decision could impact the Colorado River negotiations. In March of 2024, prior to the court’s decision, Eklund spoke with E&E News reporter Jennifer Yachnin about the Rio Grande case and predicted that if the Supreme Court allowed the settlement to go forward, it could lessen the authority of the federal government on future water disputes.

On June 21, 2024, SCOTUS denied the proposed settlement in a 5-4 decision. After the ruling was held, Eklund told E&E News that this decision could affect the Colorado River and would give the federal government the power needed to get the basin states to reach an agreement on river operations.

Below is an excerpt from the article.

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James Eklund, Colorado’s former top water official, predicted the Supreme Court’s decision in the Rio Grande case stands to strengthen the federal government’s “already substantial role” in brokering interstate water agreements.

“Beyond the obvious impact to the Rio Grande interstate negotiations, it comes at a critical time on the Colorado River where the basin states have been unable to reach agreement on river operations and recent federal attempts to push them toward agreement have been unsuccessful,” said Eklund, who leads the water and natural resources practice at the law firm Sherman & Howard.

He added: “The opinion carries outsized implications on the Colorado River where the federal interests include not only the largest reservoirs in the nation but also 30 sovereign tribes to which the federal government owes a trust responsibility.”

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Read the full article HERE.