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How Colorado River talks will affect Utahns and millions more across the Southwest

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How Colorado River talks will affect Utahns and millions more across the Southwest


Water from the Colorado River and its tributaries irrigates farms, sprinkles lawns and quenches the thirst of millions across Utah and the greater Southwest.

While only 27% of the state’s water comes from it, some 60% of Utahns rely on the Colorado River for drinking water, agriculture and industries such as energy and mining.

The future of that water supply is increasingly tenuous, though. The river is overallocated, meaning farmers, cities and companies have rights to more water than actually runs through the basin. That gap is only growing as climate change makes the region hotter and drier, slowing the river’s flow.

For years, representatives from the seven U.S. states that share the river have been in tense negotiations over how to manage the waterway during dry years. States were supposed to reach a basic agreement on Nov. 11, but they had nothing to show.

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These complex negotiations have been happening behind closed doors with little opportunity for public input. But the result of these talks affects the lives of not only most Utahns, but 40 million people across the U.S. Southwest, northern Mexico and 30 federally recognized tribes.

The stakes are high. The river has sustained tribes for time immemorial and has allowed desert cities, such as Salt Lake City and Phoenix, to boom. It waters fields of fruit, vegetables and alfalfa, from melon farms in Utah’s Green River to agriculture giants in California’s Imperial Valley. It creates habitat for endangered fish and carves sandstone layers in beloved national parks, such as Canyonlands and the Grand Canyon.

(Francisco Kjolseth | The Salt Lake Tribune) The Colorado River loops back on itself before reaching the confluence with the Green and the start of Cataract Canyon in Canyonlands National Park as seen in mid-October 2021.

“[The Colorado River] matters to the economic integrity of the United States,” said Jack Schmidt, director of the Center for Colorado River Studies at Utah State University. “It matters to the well being of a significant amount of people.”

With less water flowing through the river system, though, states will have to cut back their consumption. But negotiators can’t agree on who carries that burden. If that plan includes mandatory cuts to Utah’s water use, that may affect cities, tribes and farmers across the state.

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Utah’s major cities are “potentially vulnerable to cuts”

Utah’s bustling cities along the Wasatch Front are outside of the Colorado River Basin and get much of their water from the creeks and rivers that eventually end up in the Great Salt Lake. But residents still rely in part on the Colorado River thanks to a series of reservoirs and pipelines that deliver water from eastern Utah to cities such as Salt Lake.

Snow flakes falling in the Uinta Mountains this winter will eventually melt into rivers and creeks that feed the Green River, the Colorado River’s largest tributary. But some of that water will be diverted to Strawberry Reservoir then travel through pipelines across the Wasatch Mountain to Utah and Salt Lake Counties.

That web of dams and tunnels is called the Central Utah Project, the Bureau of Reclamation’s largest and most complex water project in Utah, according to the agency. That project is “potentially vulnerable to cuts,” though, because its water rights are newer, said Michael Drake, deputy state engineer with the Utah Division of Water Rights.

Utah, like most Western states, follows prior appropriation, or “first in time, first in right.” Those who began using water first, such as multigenerational farming families, hold senior rights and see cuts last.

(Christopher Cherrington | The Salt Lake Tribune)

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“There’s no doubt the Central Utah Project is a junior user on the river,” Gene Shawcroft, Utah’s Colorado River commissioner, said during a press conference on Nov. 12. “We have capacity in reservoirs to help us through drought cycles. We will have to be very judicious about how we use the water during these periods of time when we have low water.”

One option, he added, was purchasing a farmers’ “third crop of hay,” to supplant the water available to cities and towns.

Farmers may take a “significant hit”

Some Utah farmers have been paid to temporarily fallow their fields as part of a new pilot program under the Colorado River Authority of Utah to reduce water use.

Kevin Cotner, a third generation farmer in Carbon County and the president of the Carbon Canal Company, let some of his fields rest for the past three years. He hopes his and his fellow farmers’ voluntary actions will prevent forced cuts.

“We’ve been aware of this potential downstream call on us at some point in the future,” he told reporters with the Colorado River Collaborative last month. “Our thoughts were … if there’s ever a negotiation, we’d be able to raise our hand and say, ‘Hey, we’ve been proactive on this from the get go.”

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Agriculture accounts for roughly 62% of Utah’s use of Colorado River water, according to the Colorado River Authority of Utah. Utah’s state engineer already cuts farmers’ water use based on daily river flows and priority of water rights, Drake said.

Farmers may see deeper cuts, though, if Utah is required to use less water under a new Colorado River agreement. “Certainly our ag producers will take a pretty significant hit if we, the state engineer’s office, are called upon to curtail water rights,” Drake said.

During dry years, that may mean farmers have very little water. A few years ago, the Carbon Canal was only able to deliver direct flow water to the area’s farmers for three days out of the year, Kotner said. They relied on water from the Scofield Reservoir for the rest of the season.

(Francisco Kjolseth | The Salt Lake Tribune) Kevin Cotner, a farmer who uses Price River water, fallows some of his fields and leases the saved irrigation water to benefit the over-allocated Colorado River system, as seen on Aug. 16, 2023.

But those reservoirs may not be able to get farmers through dry stretches to the same extent if the state has to cut water use at a basin-wide scale. “Many of the storage reservoirs are operating on relatively junior water rights, so you might see those cut first,” Drake said. If those rights are cut back, the water will flow down stream rather than getting stored in reservoirs.

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“A lot of these places are going to be operating as kind of run of the river, however much water is available in the river at any given time in the year,” Drake said. “So that’s going to be a hard challenge for farmers.”

Tribes have substantial water rights, but not all are settled or developed

The Ute Mountain Ute’s tribal owned farm enterprise couldn’t grow wheat this year for Cortez Milling Co., which makes the popular Blue Bird Flour, said Letisha Yazzie, water resources director for the Ute Mountain Ute Tribe.

The tribe only received 35% of its water allocation in Colorado this year. It bumped up its supply to 50% by purchasing water from the local irrigation company, but the tribe still had to fallow nearly half of its fields, Yazzie said.

Tribes typically have some of the most senior water rights in the Colorado River Basin, often dating back to the year the tribe’s reservation was established or in some cases time immemorial, according to the Congressional Research Service. But some tribes have accepted more junior water rights when resolving claims. As part of its settlement with Colorado, the Ute Mountain Ute Tribe agreed to take more junior water rights in exchange for drinking and agricultural water infrastructure.

The tribe still hasn’t resolved its rights in Utah. The Ute Indian Tribe, San Juan Southern Paiute Tribe and Kaibab Paiute Band also have unresolved water rights in Utah, according to a report by the Water & Tribes Initiative, an organization that builds tribal capacity in water policy and management. The federal government has an obligation to protect tribes’ federally reserved water rights, but tribes have to go through a lengthy and expensive legal process to quantify and secure their water.

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Across the Colorado River Basin, eleven tribes still have unresolved claims as of 2023, according to the Congressional Research Service.

(Rick Bowmer | AP) Delanna Mart stands on a dock at a lake on Ute Indian Tribe of the Uintah and Ouray Reservation, Monday, July 25, 2022, in Fort Duchesne. The divvying up between Colorado River Basin states never took into account Indigenous Peoples or many others, and from the start the calculation of who should get what amount of that water may never have been balanced.

Colorado River Basin tribes that have settled their claims currently hold substantial water rights, roughly a quarter of all water in the basin, according to the Water & Tribes Initiative. Not all have the infrastructure to use that water, though.

“Certainly there’s been increased recognition that tribes don’t just have senior water rights, substantial water rights, but also that they haven’t been able to fully develop their rights and access that for the benefit of their communities,” said Heather Tanana, a citizen of the Navajo Nation and law professor at the University of Denver.

As the basin states discuss cuts, she added, “it’s not quite fair or equitable” to ask tribes to cut back their use since they haven’t been able to develop over the past century to the same extent as others.

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“What we have at stake is our future,” Yazzie said.

The seven basin states — Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming — have until mid-February to develop a more hashed out plan for the river’s future, according to the Interior Department. Whatever they decide will shape the future for tribes, farmers and millions of people across the Colorado River Basin.

This article is published through the Colorado River Collaborative, a solutions journalism initiative supported by the Janet Quinney Lawson Institute for Land, Water, and Air at Utah State University. See all of our stories about how Utahns are impacted by the Colorado River at greatsaltlakenews.org/coloradoriver.



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NBA Rumors: New lottery rule helps Utah, hurts Grizzlies

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NBA Rumors: New lottery rule helps Utah, hurts Grizzlies


The top-five pick rule will date back to 2025. The Utah Jazz picked fifth in 2025 and second in 2026. Under the new rule, they can’t land in the top five in 2027.

But the Jazz traded that pick to the Memphis Grizzlies in February for Jaren Jackson Jr., which means Memphis won’t be able to receive it since streaks will be triggered by the original team, not the team holding the pick. Two issues here.

First, the framework. The NBA explains this rule under a section titled “Pick Restrictions For Repeat Lottery Winners.” Is landing the fifth pick really a winner? One year ago, the Jazz were distraught when their pick landed fifth, because the true franchise-changers that teams want to win are commonly landed with the first or second pick. In the future, if a team ends up fifth one year, then fourth the next, should they really be punished for landing first in the third year? Or even fifth again? I would argue no, that the top-five rule reaches too far.

I am understanding of wanting to prevent a team from picking first in consecutive years. But anything beyond that feels like a massive overreach that could cause more problems than intended when the goal is supposed to be to eliminate tanking.

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Second, there’s the reality that the Jazz did trade that pick. Now the Grizzlies have it — through the rights of a pick-swap structure. But if this rule passes, Memphis wouldn’t be able to receive an unprotected pick. Grizzlies fans would obviously be crushed by the news. This pick was the most valuable of the assets Memphis got back for one of its stars, and it happened under a set of rules that didn’t include a three-year streak cap. That Jazz-to-Grizzlies pick is being retroactively devalued because of a league’s arbitrary decision to start the clock in 2025, but it also gives us an example of what could happen in future years to any team.



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Utah father now accused of abusing 2 teen girls

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Utah father now accused of abusing 2 teen girls


EAGLE MOUNTAIN — An Eagle Mountain father accused of abusing a teenage girl is now accused of also abusing the girl’s older sister.

Julio Cesar Mena, 51, was charged earlier this week in 4th District Court with aggravated child abuse, a first-degree felony. He is accused in that case of forcibly shaving off his 14-year-old daughter’s hair because he was angry with her grades at school.

When questioned by police, Mena claimed he did the same thing to his oldest daughter, “and it fixed the problem,” a police booking affidavit says.

On Thursday, the Utah County Sheriff’s Office announced that Mena is now also being held in jail for investigation of aggravated child abuse and another crime in connection with a 17-year-old girl.

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The girl told police that a couple of years ago, “Mena physically restrained her, dragged her around their residence in Eagle Mountain by her hair, and used electric hair clippers to shave her head nearly bald. The victim advised Mena told her he cut her hair because he wanted her to feel ashamed, embarrassed, and wished for her to be bullied by her classmates at school,” a new police booking affidavit states.

“She mentioned that she stopped eating food and started losing weight due to a fear of having to interact with her father while preparing meals in the kitchen at their residence. The victim also advised she became extremely fatigued due to a lack of sleep as a result of trying to stay awake just in case her father entered her room to throw cold water on her randomly,” the affidavit states.

The teen also revealed an additional incident of abuse in 2021, according to the affidavit.

Child abuse resources:

  • Utah Domestic Violence Coalition operates a confidential statewide, 24-hour domestic abuse hotline at 1-800-897-LINK (5465). Resources are also available online: udvc.org. The statewide child abuse and neglect hotline is 1-855-323-DCFS (3237).
  • The Utah Division of Child and Family Services offers counseling, teaches parenting skills and conflict resolution and can connect families with community resources. Its goal is to keep children with their family when it is “possible and safe.” Visit dcfs.utah.gov/contact-us/ or call 801-538-4100.
  • The Christmas Box House acts as a temporary shelter for children and can provide them with new clothing and shoes, among other services. Call the Salt Lake office at 801-747-2201 or the Ogden office at 801-866-0350.



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Utah man pardoned for Jan. 6 discusses new $1.7B ‘anti-weaponization fund’ from Trump DOJ

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Utah man pardoned for Jan. 6 discusses new .7B ‘anti-weaponization fund’ from Trump DOJ


SALT LAKE CITY (ABC4) — A Utah man who was pardoned for entering the Capitol on Jan. 6, 2021, alongside rioters is sharing his thoughts about the creation of the “anti-weaponization” fund, intended to compensate people who feel they were wrongfully prosecuted.

The fund was created by the Department of Justice (DOJ) after President Donald Trump reached a settlement with the Internal Revenue Service (IRS). Trump originally filed the lawsuit against the IRS over the leaking of his tax returns.

The “anti-weaponization” fund will receive $1.776 billion and will be used to compensate those pursuing settlements because they believe they were wrongfully targeted by the government. The DOJ has said that there is no partisan requirement to file a claim and has not specified who the fund is meant for.

Brad Bokowski accepted a plea deal in connection with Jan. 6, 2021, and he was later pardoned by President Trump in 2025. He told ABC4.com, “I think there’s a lot of people who deserve to be reimbursed for their expenses, for all the harms that have happened to them, all the ways that the government tried to destroy, or did, in many cases, their lives.”

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Many believe that it will likely be used to compensate people convicted or pardoned for storming the Capitol on Jan. 6, 2021.

Bokoski said that he believes the fund is a positive step, “not only for J6ers, but for others who have experienced similar government attacks throughout their lives.”

Acting Attorney General Todd Blanche reportedly resisted demands from Republican lawmakers to limit who the fund could go to. The creation of the fund has been unpopular among members of the president’s own party. Multiple lawsuits have been filed to try to block this fund, including by a former prosecutor and two police officers who were working at the Capitol on Jan. 6.

The creation of the fund isn’t the first time Bokoski has thought about pursuing compensation for what he experienced.

“I’ve been trying to claim money for about a year and a half now,” he said. “I’ve employed two attorneys to file a federal tort claim to recoup damages and expenses. It’s been held up in the FBI awaiting Freedom of Information Act requests that the FBI has been blocking.”

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He said that his attorneys will be advising him on how to approach the anti-weaponization fund. Any money he may receive will go toward a retirement, but what he really wants is justice, against people who he described as traitors, like Nancy Pelosi.

“I was put in jail, detained, awaiting my detainment. I never thought I was going to be released, thinking I was going to be another one of those J6ers who would be in jail for years with no hearing in sight,” he said. “So, you have that kind of despair and emotion that’s running through your head, as well as hopefulness that the pardon will have some positive impact on your life, and it has, and then maybe to be compensated for those things.”

He also said that he feels like he was targeted by the Biden DOJ and by the media, and that the prosecution coerced him to accept a plea deal.

“If I didn’t accept it, they were going to transfer the misdemeanors to felonies, and I would be spending how many years in jail for walking in a hallway for four minutes and taking pictures after being welcomed by a police officer who said, and I quote, welcome to the people’s house. Feel free to walk around and take some pictures.”

When it comes to those who assaulted officers at the Capitol on Jan. 6, Bokoski said he hopes they received appropriate punishment. “If the government went beyond that, then they should be compensated for that marginal increase in weaponization there,” he said.

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Bokoski was in Washington D.C. on Jan. 6 2021 with his son. They went to attend Trump’s rally, and when Trump told the crowd to go march down to the Capitol, they did.

“My son and I looked at each other, said, hey, you want to go check it out? We looked at each other, shrugged our shoulders and said, why not? You know, we’ve flown all this way. So, we walked through the open doorway, took some pictures and left. There was our intent,” he recounted.

The fund will create a commission consisting of give members appointed by the DOJ, with one member chosen “in consultation with congressional leadership,” and they will process claims until Dec. 1, 2028. At this time, it is not entirely clear how the commission will determine who qualifies for compensation. By the end of it, any funds that were not released will return to the federal government.



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