FromThe Associated Press (Felicia Fonseca) via U.S. News & World Report:
A set of guidelines for managing the Colorado River helped several states through a dry spell, but it’s not enough to keep key reservoirs in the American West from plummeting amid persistent drought and climate change, according to a U.S. report released Friday…
The report by the U.S. Bureau of Reclamation found that the guidelines provided stability, along with other agreements among the states and with Mexico, but they won’t be enough to sustain a region that’s getting warmer and drier and has demanded more from the Colorado River.
The guidelines and an overlapping drought contingency plan expire in 2026. Officials in Wyoming, Utah, Colorado, New Mexico, Arizona, California and Nevada told the Interior Department on Thursday that they have started talking about what comes next…
The Bureau of Reclamation was tasked with reviewing the effectiveness of the 2007 guidelines before year’s end to help with a baseline for the new negotiations. The guidelines spelled out the operations of the nation’s two largest manmade lakes — Lake Powell along the Arizona-Utah border and Lake Mead along the Arizona-Nevada border — outlining what happens when the river can’t supply the water that states were promised in the 1920s.
The guidelines allow water to be stored in Lake Mead, the reservoir created by the Hoover Dam. They set marks for the lake that would trigger water cuts to Nevada and Arizona. California and Mexico have been looped in on possible cuts in other plans.
The guidelines were meant to be flexible and encourage consensus among states, rather than the federal government dictating management of the river, and to avoid litigation because states were required to consult with each other before suing…
In comments before the report was finalized, Native American tribes said they largely were left out of the discussions that led to the guidelines and want a bigger role in the next round of talks, with recognition of their sovereign status. They hold the rights to 3.4 million acre-feet of water annually in the Colorado River basin.
Not all tribes, including the Navajo Nation and Hopi Tribe in northwestern Arizona, have secured the legal right to the water they claim in the basin.
Burman said the Bureau of Reclamation, states, tribes and others will focus in the weeks ahead on creating timelines for the negotiations…
When the 2007 guidelines took effect, Lake Powell and Lake Mead together were about half full. Conservation, delayed water deliveries, a balancing act and other measures have kept them hovering at that level.
States, tribes, cities and other water users are expected to use the Bureau of Reclamation report as a resource for deciding what will replace the guidelines.
A healthy constitutional culture, in which the people and their leaders respect the authority of their Constitution, requires a baseline of trust in the government – a baseline that, in the United States, has eroded from 77% in the early 1960s to 17% today.
In the past four years, President Trump has consolidated power to such an extent that the Republican Party has literally declined to adopt a party platform and effectively embraced the president as its alter ego.
Apart from the fact that neither the president nor his enthusiasts could threaten the tenure of unelected federal judges who are appointed for life, judges are a different kind of public official, and the lies, bullying and bombast that work well in populist politics fall flat in courts of law.
When judges hear cases, they follow a uniform system of procedural rules that enable them to evaluate the claims that the parties make and amass a body of information on which they rely to determine facts and ascertain truth. It’s a system that has served the judiciary well for generations, and served it well in the postelection cases that the courts decided in recent weeks.
Judges are lawyers who have been steeped in the rule of law for decades. It begins with three years of law school, where they “learn to think like lawyers” and are graded on their command of substantive and procedural law. Upon graduation, they must demonstrate their proficiency in law by passing a bar exam, and then practice law for years and typically decades before ascending the bench.
“We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Roberts said in a statement. “What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.”
These critics, however, miss the mark. Yes, judges are subject to ideological influences in close cases, when the law is subject to conflicting interpretations, and judges tend to favor interpretations that align with their common sense and policy perspective.
But this does not refute Roberts’ point: Federal judges are trained to take law seriously and do their best to uphold the law as they understand it to be written. So when confronted with postelection fraud cases that were not close – that lacked factual allegations essential to proceeding with the case – judges ruled against the president.
Thanks to those judges, the rule of law held firm against a populist assault.
Celebrating the triumph of the rule of law in the courts, however, obscures the reality that innumerable voters, public officials and lawyers who were ostensibly committed to that rule of law stood ready – for the first time in U.S. history – to overturn a presidential election.
In the past, the majority of Americans drew their conclusions from a common body of information received from the same evening news and morning newspapers.
The trouble is that the government can’t regulate the marketplace of ideas the way it does the marketplace of goods and services – the First Amendment won’t allow it. In most cases, the government cannot prohibit you, media outlets or politicians from telling lies.
So the challenge is to reestablish a way to evaluate the reliability of information upon which we must depend for finding facts and ascertaining truth. Because if that can’t be done, the nation’s ability to elect its leaders and govern itself in an orderly and principled way will be lost.
The Constitution is fragile. It works because we the people will it to work, and that will is being tested, perhaps as never before. The judiciary passed its latest test. The American people will be tested again in the years to come – and the future of the democracy hangs in the balance.