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Part of Two Native American Tribes, Shingle Springs and Karuk, are affected by water policy issues, leading tribal leaders to urge the passage of AB 2218 in Sacramento.

How could Newsom's vetoes of tribal policy bills affect the State of California?

Likely What happens if… A possibility worth considering, not a forecast.

The State of California's policy framework on tribal water and sacred sites is stalled by executive vetoes. The vetoes prevent the State of California from adopting two key pieces of legislation that would have fundamentally altered state operations and policy. Regarding water, the vetoed Assembly Bill 2218 would have established a state policy to address water-related inequities, requiring state water agencies to engage in a mediation process with tribes over projects in ancestral territories. For sacred sites, the vetoed California Indian Freedom Act of 2026 would have required state agencies to seek and document a tribe’s written consent before significantly changing a site they knew was sacred. As a result, the state continues to operate under the existing legal framework, without the new requirements for consultation or consent.

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How it reaches State of California

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The facts so far

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  • Assembly Bill 2218 would have required a dispute between a tribe and any state water agency over water projects to go through a mediation process.santamariatimes.com
  • Assembly Bill 1881 would have required agencies to seek and document a tribe’s written consent before significantly changing a site they know is sacred.santamariatimes.com
  • Newsom vetoed the water bill, stating it was “not sufficiently clear about how its new policy will be implemented.”santamariatimes.com
  • The Association of California Water Agencies opposed the water bill, saying it created a “new and poorly defined standard under the Water Code.”santamariatimes.com

Why it matters

The vetoes maintain the status quo, which tribal leaders argue excludes them from meaningful consultation on water projects in their ancestral lands. The water bill would have required the State Water Board to consult with any tribe whose ancestral territory included a water body at issue, and it would have required agencies to offer financial assistance to tribes. Without these provisions, the state continues to face criticism regarding the lack of tribal involvement in critical resource decisions.

This outcome is significant because it directly impacts the balance of power between state agencies and Native American tribes. While the state recently formalized an apology for harms against California’s Native peoples, the vetoes are seen by tribes as a failure to follow through on promises of reconciliation and expanded tribal power.

What we don't know yet

  • Will the vetoed bills be challenged in court, forcing the State of California to reconsider the policy changes?
  • Will the State of California introduce new legislation to address the water and sacred sites issues without the vetoed measures?

What would change this answer

A court challenges the vetoesThe State of California may be forced to implement the policy changes, significantly altering state operations and water management standards.
The legislature passes similar billsThe State of California could adopt a modified version of the policies, potentially mitigating the impact of the vetoes.

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