The seven Colorado River states – Arizona, California, Colorado, New Mexico, Nevada, Utah and Wyoming – face a daunting mid-August deadline. The federal government has asked them to come up with a plan to reduce their combined water usage from the Colorado River by up to 4 million acre-feet in 2023.
That is a massive reduction for a river system that currently produces about 12.4 million acre-feet. The Bureau of Reclamation, which manages the Colorado River, warned that it will “act unilaterally to protect the system” if the states cannot come up with an adequate plan on their own.
The seven states have worked cooperatively over the past two decades to identify solutions to a shrinking river. But their response now, much like the global response to climate change, seems far from adequate to the enormous challenge.
In a recent letter to the Bureau of Reclamation, the Upper Colorado River Commission, speaking for the four Upper Basin states, proposed a plan that adopts a business-as-usual, “drought-reduction” approach. They argue that their options are limited because “previous drought response actions are depleting upstream storage by 661,000 feet.”
The commission complains that water users “already suffer chronic shortages under current conditions resulting in uncompensated priority administration, which includes cuts to numerous present perfected rights in each of our states.”
This leads the commission to conclude that any future reductions must come largely from Mexico and the Lower Basin states of Arizona, California and Nevada, because they use most of the water.
But the Lower Basin states have already taken a significant hit to their “present perfected rights,” and if bureau makes good on its promise to act unilaterally, they will face another big reduction. The cooperative relationship among the states will not endure if the Upper Basin refuses to share the burden by reducing its consumption.
A good place to start might lie with two Colorado projects to divert water from the Colorado River basin to the Front Range. Both began construction this summer. The Gross Reservoir Expansion Project will triple the size of one of Denver Water’s major storage units. Denver Water’s original justification for this project – to serve Denver’s growing urban population – seems odd given that water demand in their service area over the past two decades has shrunk, even as its population rose by nearly 300,000.
Similar questions have been raised with the Northern Colorado Water Conservancy District’s Windy Gap Firming Project, which plans to store Colorado River water to support population growth in Front Range cities.
These two projects suggest that Colorado is prepared to exacerbate the current crisis when the opposite response is so desperately needed.
Abandoning these two projects would signal that Colorado is serious about giving the Colorado River a fighting chance at survival. It might also jump-start good-faith negotiations over how Mexico, the states, and tribes might work to achieve a long-term solution to this crisis.
The homestead laws of the 19th century attracted a resilient group of farmers to the West who cleverly designed water laws to secure their water rights against all future water users. “First in time, first in right” became the governing mantra of water allocation, because, except for Tribal Nations, the farmers were first.
That system worked well for many years. As communities grew, cities and water districts built reservoirs to store the spring runoff, ensuring that water was available throughout the irrigation season.
Climate change and mega-droughts have upended that system. Nowhere have the consequences been as dire as in the Colorado River Basin. America’s two largest reservoirs, Lake Powell and Lake Mead – key components of the Colorado River’s water storage system – have not filled for more than two decades. They now sit well below 30% of their capacity.
Hotter temperatures, less mountain snowpack and dry soils that soak up runoff like a sponge have brought us to this seven-state crisis. All seven states must now share the pain of addressing this crisis.
The Upper Basin Commission’s anemic response to the Bureau of Reclamation’s plea is not a serious plan. We can do better and we must.
Mark Squillace is the Raphael J. Moses professor of natural resources law at the University of Colorado Law School.
Quinn Harper is a graduate student pursuing a master’s degree in natural resource policy at the University of Colorado, Boulder.
Both are contributors to Writers on the Range, writersontherange.org, an independent nonprofit dedicated to spurring lively conversation about the West.