#Colorado Must Adapt Its Water Rules for a Hotter, Drier Future — David Leach #ColoradoRiver #COriver #aridification

Colorado River “Beginnings”. Photo: Brent Gardner-Smith/Aspen Journalism

April 5, 2026

by David Leach

Coloradans often hear that the Colorado River crisis is happening somewhere else. Headlines focus on Lake Mead, Lake Powell, and the Lower Basin, while Colorado is portrayed as a responsible headwaters state doing its part. Yet that narrative misses a deeper truth. The Colorado River crisis is not only about drought or downstream shortages. It is also about how the river is managed. In that sense, Colorado shares responsibility with every basin state.

Colorado’s water system is built on ‘prior appropriation’. The rule is simple: “first in time, first in right.” The earliest water users receive priority when supplies run low. This framework helped farmers, cities, and industries expand across the West during the nineteenth and twentieth centuries, creating stability in a region where water determines survival.

However, the system was designed for a different climate and a by-gone West. It also encouraged states and water users to claim more water than the river could supply, contributing to the overallocation of the Colorado River. Legal analyses of the Law of the River show that the basin was effectively overburdened by water claims decades before climate change began reducing flows.

Today, climate change is altering the river itself. Scientists estimate that warming temperatures have already reduced Colorado River flows by roughly 20 percent. Federal water managers warn that declines could continue as temperatures rise. In a river system that is already legally overcommitted, treating water rights as fixed privileges can deepen instability rather than prevent it.

Colorado sits at the center of this challenge. As the largest contributor of water in the Upper Basin, the state must balance many competing demands. Front Range cities continue to grow. Western Slope agriculture depends on reliable irrigation. Rivers and aquatic ecosystems are under stress. Yet much of Colorado’s water policy still assumes shortages are temporary and that legal priority alone will determine who receives water. That mindset often encourages defensive politics rather than shared problem-solving.

Conflicts between upstream and downstream states are often described as unavoidable. In reality, much of the tension stems from the priorities of management. Upper Basin states emphasize uncertainty about future river flows, while Lower Basin states focus on delivery obligations and infrastructure investments, according to recent reports on Colorado River governance. Each group is acting logically within the current system. The problem is that the system frequently rewards delay and legal conflict rather than cooperation, as researchers studying collaborative governance in the basin have found.

Colorado has an opportunity to change that pattern. One promising approach is collaborative adaptive management. This framework begins with a simple idea: uncertainty is normal in complex systems. Instead of assuming managers already know the right solution, adaptive management relies on monitoring conditions, learning from outcomes, and adjusting policies over time. With collaboration of states, tribes, farmers, cities, and environmental groups conflict can be reduced and management decisions can improve.

Some elements of this approach already exist in Colorado, including experimental reservoir operations and voluntary conservation programs. However, research on collaborative drought science planning in the Colorado River Basin shows that these efforts remain limited and politically fragile.

Equity must also be part of Colorado’s leadership. For decades, Tribal nations and many rural communities have carried the environmental costs of water development while urban growth captured much of the benefit, a pattern highlighted in research on environmental justice and Indigenous governance. Tribal nations, many of which hold some of the most senior water rights in the basin, remain underrepresented in major water decisions. Adaptive governance recognizes that whose knowledge it is that counts, matters. Incorporating Indigenous knowledge, local experience, and community-based monitoring can strengthen decisions and build trust in governance. Research shows that when affected communities help shape policies, those policies are more likely to be trusted, followed, and sustained over time.

Importantly, collaborative management does not mean abandoning Colorado water law or taking away private rights. Instead, it means updating water governance so users can share risk and adapt together as conditions change. The alternative – waiting for wetter years or relying on courts to resolve disputes – ignores both climate science and political reality. Climate projections from the Intergovernmental Panel on Climate Change indicate that the American Southwest will likely remain hotter and drier for decades. Planning for a return to twentieth-century river flows is increasingly unrealistic.

Critics argue that collaboration takes too long when the crisis is already severe. Colorado has already tried temporary agreements, emergency negotiations, and federal pressure. Those approaches have not produced lasting solutions. Short-term deals may stabilize reservoirs for a season, but they do little to address the deeper management problems driving the crisis. Without stronger cooperation, the basin risks repeating the same cycle of shortage and conflict.

Colorado has long prided itself on practical problem-solving and environmental leadership. The state now has an opportunity to apply those values to its most important river. Policymakers should strengthen collaborative water governance, ensure meaningful Tribal participation, and support conservation policies that reward flexibility rather than litigation.

Coloradans also have a role to play. Public participation in basin planning, engagement with watershed organizations, and pressure on elected officials can help shift water policy toward long-term climate adaptation rather than short-term crisis response.

The Colorado River begins in our mountains. Leadership today means recognizing that rules built for a wetter past may no longer work in a hotter future – and choosing cooperation before the river forces the decision for us.


References

Anderson, Patrick J., Jeanne E. Godaire, Daniel K. Jones, William J. Andrews, Alicia A. Torregrosa, Meghan T. Bell, JoAnn M. Holloway, et al. 2025. “Collaborative Drought Science Planning in the Colorado River Basin.” U.S. Geological Survey Open-File Report 2025-1041https://doi.org/10.3133/ofr20251041.

Birnbaum, Simon. 2016. “Environmental Co-governance, Legitimacy, and the Quest for Compliance: When and Why Is Stakeholder Participation Desirable?”. Journal of Environmental Policy & Planning, 18, no. 3, 306–323.https://doi.org/10.1080/1523908X.2015.1077440

Ghaeminasab, Fateme. 2025. “The Legal Battle Over the Colorado River Compact: Revisiting Water Allocation Agreements.” Journal of Taxation and Regulatory Framework. https://lawjournals.celnet.in/index.php/jtrf/article/view/1735.

Hite, Kristen, Pervaze A. Sheikh, and Charles V. Stern. 2025. “Management of the Colorado River: Water Allocations, Drought, and the Federal Role”. Congressional Research Service Report R45546.https://www.congress.gov/crs-product/R45546

Holling, C. S. 1978. Adaptive Environmental Assessment and Management. New York: Wiley.

IPCC. 2023. AR6 Synthesis Report. Intergovernmental Panel on Climate Change.https://www.ipcc.ch/report/ar6/syr/downloads/report/IPCC_AR6_SYR_FullVolume.pdf.

Kuhn, Eric. 2024. “The Risks and Potential Impacts of a Colorado River Compact Curtailment on Colorado River In-Basin and Transmountain Water Rights Within Colorado.” Colorado Environmental Law Journal, 35.https://scholar.law.colorado.edu/celj/vol35/iss2/4.

Macdonnell, Lawrence. 2020. “Tribal Water Rights in the Colorado River Basin”. Colorado River Research Group.https://www.researchgate.net/publication/339080311_Tribal_Water_Rights_in_the_Colorado_River_Basin.

Slosson, Mary. 2024. “Force Majeure and the Law of the Colorado River: The Confluence of Climate Change, Contracts, and the Constitution.” University of Colorado Law Review, 95.https://lawreview.colorado.edu/print/volume-95/force-majeure-and-the-law-of-the-colorado-river-the-confluence-of-climate-change-contracts-and-the-constitution/.

Sullivan, Abigail, Dave D. White, and Michael Hanemann. 2019. “Designing Collaborative Governance: Insights from the Drought Contingency Planning Process for the Lower Colorado River Basin.” Environmental Science & Policy, 91: 39-49. https://doi.org/10.1016/j.envsci.2018.10.011.

Udall, Bradley and Overpeck, Jonathan. 2017. “The twenty-first century Colorado River hot drought and implications for the future”. Water Resources Research, 53, no. 3.https://agupubs.onlinelibrary.wiley.com/doi/full/10.1002/2016WR019638.

U.S. Bureau of Reclamation. 2023. Colorado River Basin Water Supply and Demand Study.https://www.fws.gov/project/colorado-river-basin-water-study.

Williams, Byron K., Robert C. Szaro, and Carl D. Shapiro. 2009. Adaptive Management Technical Guide.https://www.doi.gov/sites/doi.gov/files/migrated/ppa/upload/TechGuide.pdf.

Whyte, Kyle P. 2018. “Settler Colonialism, Ecology, and Environmental Injustice”. Ecology and Society, 23, no. 2.https://www.researchgate.net/publication/327455189_Settler_Colonialism_Ecology_and_Environmental_Injustice.


David Leach.

David is a Colorado Certified Water Professional and environmental scientist dedicated to protecting aquatic systems through rigorous data analysis, public service, and responsible resource management. He holds a bachelors degree in Biology from Western Colorado University and will graduate soon from the University of Denver with a Masters Degree in Environmental Policy and Management.

“The Situation is Dire”– Becky Mitchell, #Colorado’s Upper #ColoradoRiver Commissioner #COriver #aridification

Click the link to read the article on Ken’s Substack (Ken Neubecker):

March 27, 2026

The February 14 deadline for the seven Colorado River Basin States to come up with an agreement on future management of the river is long gone, and still no agreement in sight. The deadline for submitting comments on the Bureau of Reclamations Draft Environmental Impact Statement (DEIS) is also past. Reclamation didn’t have a “preferred alternative”, which is not normal. They were hoping the States would have an agreement so that could become the preferred alternative. So they are left with their suite of six alternatives. All six are fraught with what Reclamation calls “decision making under deep uncertainty” (DMDU, they love acronyms).

That is an understatement.

No one seems to be very happy with any single proposed alternative. Some are calling for a new DEIS, or at least a Supplemental DEIS. This would only push any deadline further down the road. Reclamation is caught between a rock and a hard place.

The only real alternatives that they can implement without full approval by the States are No Action and the Basic Coordination Alternative. Both would be disastrous. They would simply be going back to how things were done prior to the 2007 Interim Guidelines and even earlier policies, none of which reflect the needs of the Colorado River we have today.

Westwide SNOTEL basin-filled map April 4, 2026.

Adding to that is the very dry record low snowpack in the Rockies. This annual winter snowpack is the ultimate water storage reservoir for the entire basin, from Pinedale, Wyoming, to Yuma, Arizona. It is what puts water into the two great reservoirs, Lakes Powell and Mead, that the Lower Basin desert states of California, Arizona and Nevada depend on. It is the only real reservoir that the needs of the arid Upper Basin states, Colorado, Utah, New Mexico and Wyoming depend on. This year that snowpack reservoir is as low as it has ever been, even eclipsing the former record year of 2002 when all this mega-drought started. The recent heat dome setting up over the Four Corners area is melting and sublimating what little snowpack there is fast.

Lakes Powell and Mead are already at very low levels, and the 1.7 maf projected inflow from spring runoff is looking smaller every day. Reclamation predicts that the water level in Lake Powell will drop to a point where no hydropower can be generated, power pool, by as soon as late July or at least in December. That, in effect, could be dead pool, with very limited releases from the lower “river outlet” tunnels. In effect, the flows from Lake Powell will become run of the river, what comes in is what goes out. No more storage for expected water deliveries downstream except what they might risk in lowering Lake Mead even more.

Needless to say this has sparked a war of words between the Upper and Lower Basins, with the Lower Basin being particularly vitriolic. As the February 14 deadline passed, JB Hamby of California declared “The 1922 Colorado River Compact requires the Upper Basin to deliver an average of 8.25 million acre-feet (maf) annually to the Lower Basin and Mexico. That delivery obligation is fixed in law, even if the river produces less water.” Arizona has gone even further, declaring in TV ads that the water delivery is not only an obligation, but a “guarantee” for delivery.

Huh??? Fixed in law and a guarantee? The reality of the river disagrees. The requirements of the Compact are, yes, written in law. On paper. It is “paper water”, not real, or “wet” water. Colorado’s commissioner Becky Mitchell was more to the point, if less vitriolic, “We are being asked to solve a problem we didn’t create, with water we do not have.” At least someone understands the reality of the situation.

John Wesley Powell, the hero of the Colorado River was invited as the honored guest and keynote speaker at the second International Irrigation Congress, held in Los Angeles in 1893. He was held in high regard by the many boosters, speculators and people hoping to cash in with irrigated farms all across the Colorado River basin. After listening to what they were saying, Powell pocketed his prepared remarks and said,

“When all the rivers are used, when all the creeks in the ravines, when all the brooks, when all the springs are used, when all the canyon waters are taken up, when all the artesian waters are taken up, when all the wells are sunk or dug that can be dug in all this arid region, there is still not sufficient water to irrigate all this arid region.”

The delegates didn’t want to hear that. As they booed him off the stage he added,

“I tell you gentlemen that you are piling up a heritage of conflict and litigation over water rights for there is not sufficient water to supply the land.”

Powell was right, but the boosters didn’t listen. Many still aren’t listening. Agricultural dreams have faded and new dreams of housing developments and data centers are taking their place. The boosters, in both Basins, are still booing reality off the stage. Dreams continue to grow as the river continues to shrink.

I read of fears that the Upper Basin will take advantage of Lower Basin cuts by taking more themselves. Really? From where? That vast winter snowpack reservoir that is expected to “guarantee” so much water for the Lower Basin, to refill Powell and Mead, is the same shrinking reservoir that the Upper Basin depends on. Upper Basin diversions are being curtailed every year, not expanded. There isn’t enough water. The Upper Colorado River Commission’s “Amended 2016 Upper Division States Depletion Demand Schedule”, published in June 2022, was used in BOR’s modeling of Upper Basin demands, but the optimistic projections of that report have never born fruit. The report is a projection of potential future depletions from the Upper Colorado River, but they are just that, projections. And relatively modest ones at that. The report begins with a resolution of the Commission that states,

WHEREAS Depletion Demand Schedules issued by the Commission are not a prediction of future water use or depletions. The Depletion Demand Schedules are estimates that presume the continuation of the observed historically available supply and other demand drivers used for planning purposes and are useful for modeling purposes.

It is simply and estimate based on “observed historically available supply”. Observation and history have made some changes to any anticipated future depletions. The report cites 5.7 maf as the current historical use as of 2022, with potential for increased depletions up to 5.8 maf in 2020 and 6.6 maf by 2070. In reality the annual depletion has dropped to 4 maf or less. With continued aridification and dwindling snowpack Upper Basin depletions will likely stagnate, if not decline. That is just the reality.

Under Colorado law, and constitution, the right to divert water to a beneficial use “shall never be denied”. What that means, as I stated in the previous post, is that anyone can dig a ditch or throw a small pump into any stream and divert water. New applications for water rights are filed every month with the Water Courts, and their decrees will likely be granted. That is again, all on paper. The reality is they probably won’t get much if any water. When the river is flowing high in the spring it is a “free river”, meaning anyone can stick in their straw for a drink. But as soon as the first senior call is placed all that stops, and senior calls are happening earlier and earlier every year. And the local Water Commissioners, the ones who can shut down diversions, are getting busier.

The 1922 Compact has a fairly senior right on all streams and rivers in the Upper Basin. So far, the non-depletion requirement for flows averaging 75 maf over a ten year running average hasn’t been breached. Lake Powell will probably hit power pool or worse before then.

The difference between the demands, hopes, and fantasies of paper water and the hard reality of actual wet water are growing starker every winter and have been since the three giant reservoirs, Powell, Mead and the winter snowpack, have shrunk over the past 25 years. Nature doesn’t care much about paper, reports, lawyers or the dreams of boosters past and present. She always wins in the end.

And as Becky Mitchell, said, litigation won’t create any new water.

A correction/addition to my previous post about misunderstandings on the Colorado River

I need to make a correction on my previous post. The three large Upper Basin’s reservoirs, Flaming Gorge, Blue Mesa and Navajo do provide some water for Upper Basin use, especially Navajo, which provides water to the San Juan-Chama diversion to the Rio Grande basin and Albuquerque. It supplies on average 91 kaf of diverted water. It is expected that there will be no diversion this year. Navajo also provides water for Tribal use to the Navaho and Jicarilla Apachie. Downstream flows from Flaming Gorge, the largest of the three can provide smaller amounts for hay fields in Browns Park and the melons in Green River, but that’s pretty small too. Blue Mesa releases can benefit the Gunnison Tunnel diversions and Redlands downstream, but both are well senior to the Compact.

I knew better.

The main storage of the three reservoirs is still primarily as that Compact compliance savings account, and they will be called upon soon to bolster the levels of Lake Powell, where the inflow from runoff projection is dropping below 2 maf. If things keep going like this for another few weeks it will likely be lower.

Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0