On May 2, 2024, the U.S. Environmental Protection Agency (EPA) published its final rule titled Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights. 89 Fed. Reg.  35,717 (May 2, 2024) (Final Rule). The Final Rule aims to provide a regulatory framework for states and tribes to use when establishing or revising water quality standards under the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251-1389 (2024) (CWA), for waters where federally recognized tribes hold federally reserved rights that depend on those waters. Many federally recognized tribes hold rights to access and use lands for culturally significant purposes, including usual and customary rights to hunt, fish, and gather plants. Maintaining clean water in areas where Tribes hold rights is crucial, as pollution can render these rights meaningless. For example, if waters become too contaminated for fish to survive or for tribal members to safely consume their catch, the rights lose their practical value.

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