Click the link to read the article on the Getches-Wilkinson Center website (Oliver Skelly, Aidan Stearns, and Andrew Teegarden):

December 17, 2024

The Annual Colorado River Water Users Association (CRUWA) Conference in Las Vegas was one of the busiest in recent years. Part of the increased participation stems from the current impasse in negotiations for the Post-2026 Operating Guidelines for Lakes Powell and Mead. Tensions could be felt in the hallways and discussions by nearly 1,500 attendees.

Pressures came to a head during the Upper and Lower Basin Panels. Colorado’s lead negotiator, Becky Mitchell, noted it was disappointing that all seven of the basin states were in Las Vegas and were unable to set a meeting where potential compromises could be discussed. Another Upper Basin Negotiator, Brandon Gebhart, spoke out against the posturing and inability to compromise.

Others on the Lower Basin Panel, such as JB Hamby, struck a different chord; the Lower Basin has been taking steps to lower water use despite the massive population, agricultural economy, and climate change. These realities are extremely troubling because it seems to be further entrenching the states in their own positions and is reducing their ability to compromise. In fact, Arizona’s Governor Katie Hobbs has begun setting aside money within the state budget for potential litigation efforts on the Colorado River. However, litigation did not seem to be the preferred alternative to solve the current breakdown in negotiations. A separate panel talked about the realities of litigation which could take decades, cost millions of dollars, and put the power to decide the outcome in the hands of judges which cannot fully capture the complexity and needs of each community partner along the river.

Outside of the programming, the entire Getches-Wilkinson Center Staff was honored to attend the Water & Tribes Initiative Luncheon which kicked off the start of the conference. During the lunch, attendees discussed potential alternatives for the Bureau of Reclamation to consider which would provide operational flexibility and account for tribal water usage.

Another highlight was the ability to talk with other colleagues and peers in the water space. Networking at large conferences has been one of the best parts of these events because they allow for more understanding within the water community. Despite the tensions, the water community was able to come together and discuss how we can solve the problems on the Colorado River equitably.

Unfortunately, CRUWA did not result in any big break through or give the states more clarity on how the Colorado will be managed. Although, leaders painted a clear picture of how difficult litigation will become if we are unable to agree. Complex scenarios require complex solutions and until someone can capture and account for all of them, compromise may be difficult to obtain. Allowing compromise and the goal of a stable river basin to drive the creation of alternatives will bring us to a place where all who utilize the river feel heard. Negotiators can get there, but it will take more time and dedicated effort to do so.

Aidan Stearns current 3L at Colorado Law and GWC Research Assistant:

From December 4-6, a variety of Colorado River advocates including lawyers, engineers, legislators, scientists, and tribal representatives gathered at the Paris Hotel in Las Vegas, Nevada for the Colorado River Water Users Association (CRWUA) Conference. This year, which was my first time attending the conference, CRWUA was focused on post-2026 operations of the Colorado River. Negotiations over post-2026 operations have been contentious, to say the least. CRWUA served as an opportunity to share all the various points of view with the Colorado River community.

Since it was my first time attending CRWUA, I had one simple goal heading into the conference: listen. CRWUA further affirmed a belief I held when I started law school almost three years ago: that a degree in environmental engineering would be a beneficial foundation for legal practice. One of the first sessions I attended was about the risks of litigation, where attorneys representing various upper and lower basin interests discussed what the path of litigation may look like based on past precedent. Those panelists are often tasked with the challenge of applying modern engineering and scientific concepts to legal doctrine dating back to the 1800s, something I hope to pursue in my own legal career.

Outside of the conference sessions, my most impactful interactions came from meeting conference attendees and listening to their unique perspective on Colorado River water issues. I spoke to a range of individuals including attorneys who worked solely with upper basin agricultural water users to lower basin tribal councilmembers.

Despite the difficult conversations that were had at CRWUA regarding post-2026 operations, a thread of hope seemed to weave through every session. Julie Vano, the Research Director for Aspen Global Change Institute, emphasized in a panel on extreme weather events the importance of not becoming paralyzed by uncertainty when using models. Panelists also expressed that they felt hope because of the resilience of people. Panelists expressed that there is no one to blame but us, but in that, there is hope in the innovation and partnership that people are capable of. No one person is going to have the magic solution to managing water issues in the Colorado River Basin. The solution is going to come from collaboration along with being able to listen to and respect the perspectives that people bring to the table.

Oliver Skelly, current 3L at Colorado Law and GWC Conscience Bay Company Western Water Policy Fellow:

When the GWC invited me to spend the week before final exams with them in Las Vegas I could hardly contain my excitement: My first CRWUA! And what a time for it, with the ongoing negotiations over the post-2026 guidelines atop the agenda. Studying could wait.

As the conference unfolded, most of what I’d heard about CRWUA’s substance proved true: If you wanted platitudes, pay attention to the panels; if you wanted juicy hot takes, plug yourself into the hallway conversations. “The Upper Basin can’t just keep saying no to everything!” “Lots of snarky remarks from the Lower Basin today.” One attendee told me the words “climate change” were not even allowed in the agenda 10 years ago – a shocking and rather unnerving remark given where things stand now. (Fortunately for all involved, it’s allowed now.)

That said, the official events were not without their fireworks. The threat of litigation has entered the discourse as negotiations appear to be breaking down, and both basin panels made that abundantly clear. And the conference had many other panels discussing interesting ideas, including recent developments with tribal water rights, regenerative agriculture, urban water efficiency measures, and Kevin Fedarko discussing his new book about his walk through the Big Ditch. Still, the large, seemingly immovable rift between Upper and Lower Basin proposals remained center stage. 

The ultimate takeaway is nothing new: The future of the Colorado River remains uncertain. But CRWUA lives on, and it has found itself a new repeat customer. Many thanks to the GWC and its sponsors for making this trip possible for me.