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STRATEGIC OUTCOMES |
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ACTION |
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Department: |
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Safe & Prosperous |
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Motion |
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City Attorney |
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Active & Appealing |
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Resolution |
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Respected & Responsible |
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Ordinance - Introduction |
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Division: |
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Connected & Engaged |
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Ordinance - Adoption |
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Administration |
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Unique & Creative |
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Public Hearing |
TITLE:
title
Authorize Legal Action, If Necessary, Opposing the United States Department of Interior’s August 2026 Decision Relating to the Operating Guidelines of the Colorado River, As Presented, and Potential Litigation
end
SUMMARY RECOMMENDATION:
Summary Recommendation
Authorize, direct, and approve legal action, if necessary, to oppose the Department of Interior’s decision that suggests cuts to Lower Basin water users while not requiring any cuts for Upper Basin water users. (Deputy City Attorney) (Rodney Short)
end
STRATEGIC OUTCOME:
Authorizing legal action in potential litigation with similarly situated communities in Lower Colorado River Basin opposing the water cuts aligns with City Council’s strategic outcome of Connected and Engaged.
REPORT:
On August 21, 2026, the United States Department of Interior (“Interior”) issued its Record of Decision - Decision Framework for Colorado River Guidelines (the “ROD”), which contemplates operations that are not consistent with the current legal framework of federal law, federal treaties, and judicial decisions known colloquially as the “Law of River.” Through the ROD, as proposed, Interior places significant cuts to the Lower Basin states of California, Nevada, and Arizona and do not require any shortages at all to the Upper Basin water users of Colorado, New Mexico, Utah, and Wyoming.
Interior also issued Operating Guidelines setting forth the parameters for operations in the years 2027-2028, which have in part been negotiated by the Lower Basin states, but must be finalized through the execution of a Lower Basin agreement among necessary parties in Arizona, California and Nevada. Interior’s proposed cuts are particularly borne by the Central Arizona Water Conservation District (CAWCD) who operate the Central Arizona Project canal system (the “CAP”) who hold fourth priority entitlement rights to use Colorado River water. The CAP fourth priority rights are junior to the other fourth priority rights held by California and Nevada entities in the Lower Basin.
The State of Nevada, along with certain other Nevada government entities, filed suit in the United States District Court for the District of Nevada against Interior relating to the ROD and the 2027-28 Operating Guidelines. On September 3, 2026, the CAWDC Board of Directors passed a Motion to take legal action, if necessary, including filing for intervention in the Nevada litigation, or initiating an independent litigation relating to the ROD or the Law of the River and advancing any or all of the causes of action and claims for relief.
The majority of the Yuma water districts hold first, third, and fourth priority Colorado River priority rights superior to the CAP’s fourth priority entitlement. The City of Yuma entitlement rights are third priority, with a small portion of first priority rights. Under the Law of the River, the superior fourth priority would be cut after the CAP’s are cut, then third priority and so on.
Approving this motion authorizes and directs the City of Yuma Attorney’s Office to explore legal action and retain attorneys and potentially enter litigation relating to the ROD or the Law of the River and advancing any or all of the causes of action and claims for relief to protect Yuma’s Colorado River entitlement rights
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 0.00 |
BUDGETED: |
$ 0.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
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FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING ACCOUNT/FUND #/CIP: |
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TOTAL |
$ 0.00 |
- |
FISCAL IMPACT STATEMENT:
None
ADDITIONAL INFORMATION:
SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:
None
IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?
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Department |
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City Clerk’s Office |
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Document to be recorded |
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Document to be codified |
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Acting City Administrator: |
Date: |
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John D. Simonton |
09/09/2026 |
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Reviewed by City Attorney: |
Date: |
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Rodney Short, for Richard Files |
09/09/2026 |