Water from the Colorado River flows into the Central Arizona Project on August 5, 2025. Ted Cooke spent much of his career at the agency, and some water leaders worried that he would bring bias from that job into a new federal role. Alex Hager/KUNC
Click the link to read the article on the KUNC.org website (Alex Hager):
September 18, 2025
This story is part of ongoing coverage of the Colorado River, produced by KUNC in Colorado and supported by the Walton Family Foundation. KUNC is solely responsible for its editorial coverage.
The Trump Administrationโs nominee to run the Bureau of Reclamation is withdrawing from the process. Ted Cooke, a longtime water manager in Arizona, said he was asked to step back by the White House.
Cooke had been nominated to serve as commissioner of the federal agency that oversees the Colorado River. He faced pushback from some politicians and water officials who worried that he might bring bias into the position.
โI was a political casualty,โ Cooke told KUNC on Wednesday.
The seven states that use the Colorado River are stuck in tense talks about how to share its water in the future. They are split into two camps: the Upper Basin states of Colorado, Utah, Wyoming and New Mexico, and the Lower Basin states of Arizona, California and Nevada.
Negotiations ahead of a 2026 deadline appear to be making little progress, and federal water officials can help push states towards agreement. If they canโt reach a deal in time, the federal government can step in and make those decisions itself. After Cookeโs nomination in June, some policymakers in the Upper Basin quietly expressed concern that he might favor the Lower Basin during that process.
Top water officials in the Upper Basin were tight-lipped in their opposition, but multiple sources with knowledge of the situation told KUNC that Cooke would face a difficult path to confirmation.
In a June meeting, Utahโs top Colorado River negotiator, Gene Shawcroft, briefly touched on the Trump Administrationโs pick to run Reclamation.
โI hesitate to use the word disturbing, but it is a little disturbing,โ Shawcroft said. โThat is concerning to us for a variety of reasons, and Iโll probably leave it at that.โ
Water levels sit low in Lake Powell near Bullfrog, Utah on September 15, 2025. Negotiations to manage the shrinking reservoir and the rest of the Colorado River system may be more difficult without federal leadership. Alex Hager/KUNC
Cooke spent more than two decades working for the Central Arizona Project, which brings Colorado River water to the Phoenix and Tucson areas. Any new plan for managing the Colorado River is likely to include cuts to demand, and Cookeโs former employer is generally among the first entities to lose water under any plan for cutbacks.
Water experts around the region said he was a qualified expert, and Cooke himself denied that he would bring a bias to his new position.
A panel of officials from the lower basin states at the Colorado River Water Users Association in Las Vegas, on Dec. 13, 2018. From left, Thomas Buschatzke, director of the Arizona Department of Water Resources; Ted Cooke, General Manager, Central Arizona Project; Peter Nelson, chairman, Colorado River Board of California; and John Entsminger, General Manager, Southern Nevada Water Authority.
โI donโt really appreciate being pre-judged by folks saying, ‘oh heโs just going to be a Lower Basin or an Arizona partisan,’โ Cooke told KUNC in June, shortly after his nomination. โI call that projection. If this is what someone else would do in my shoes, then I feel sorry for them. But itโs not necessarily where Iโd be coming from.โ
Cooke said he was recently contacted by a White House staffer who asked him to withdraw from the nomination process for a certain reason, but Cooke declined to share that reason.
โI’ve since learned from other folks that I know, and I know lots of people, that that reason was pretty much a BS reason to basically get me out of the running,โ Cooke said. โBecause there were certain objections that had been raised from some of the states with which I would be dealing.โ
Cookeโs withdrawal means that the top federal Colorado River agency will remain without a permanent leader. The seat has already been vacant for eight months. That may make seven-state negotiations more challenging. State water leaders have saidthat the threat of federal action can make it easier to find agreement.
While the top Reclamation role goes unfilled, other federal water officials appear to be filling the gap. Scott Cameron, a longtime federal official who currently serves as the Department of the Interiorโs acting Assistant Secretary for Water and Science, told a room of water experts in June that he was intimately involved with those seven-state talks.
As for Cooke, he said he plans to stay in the Colorado River space.
โIf this door is shut, there’s lots of other open doors,” he said. “It’s disappointing, don’t get me wrong, but I’m not going to sulk or be mad or develop a resentment about it. Whatever happened, happened.โ
Ted Cooke and Tom Buschatzke: Photo credit: Arizona Department of Water Resources
Click the link to read the article on the EENews.net website (Jennifer Yachnin). Here’s an excerpt:
September 17, 2025
The White House plans to pull back its nomination of a former a veteran Arizona water official to lead the Bureau of Reclamation, leaving the agency without permanent leadership nine months into President Donald Trumpโs second term. Ted Cooke, a former top official at the Central Arizona Project, told POLITICOโs E&E News on Wednesday that he has been informed his nomination will be rescinded.
โThis is not the outcome I sought, and Iโll leave it at that,โ said Cooke in a message.
[President] Trumpย tapped Cookeย to lead the agency in June, and the selection drew praise from both environmental advocates and some state officials who pointed to Cookeโs knowledge of the Colorado River Basin. The Senate Energy and Natural Resources had not yet considered Cookeโs nomination. Interior and Reclamation have been involved in negotiations for a new long-term operating plan among the seven states that share the Colorado River…Although it is not unusual for Reclamation to be without permanent leadershipย until late in the first yearย of a new president term, the Colorado River negotiations put more pressure on the White House to fill the post.ย
Cooke spent more than two decades at the Central Arizona Project before stepping down as its general manager in early 2023, which distributes Colorado River water to Maricopa, Pinal and Pima counties.
A new report finds that Lakes Mead and Powell, the nationโs largest reservoirs, could store just 9 percent of their combined capacity by the end of next summer.
Consumption of Colorado River water is outpacing natureโs ability to replenish it, with the basinโs reservoirs on the verge of being depleted to the point of exhaustion without urgent federal action to cut use, according to a new analysis from leading experts of the river.
Theย analysis, published Thursday [September 11, 2025], found that if the riverโs water continues to be used at the same rate and the Southwest sees another winter as dry as the last one, Lakes Mead and Powellโthe nationโs two largest reservoirsโwould collectively hold 9 percent of the water they can store by the end of next summer. After enduring decades of overconsumption of the riverโs water, the lakes would have just under 4 million acre feet of water in storage for emergencies and drier years when demand canโt be met. Every year, roughly 13 million acre feet is taken from the river for drinking water and human development across the region, with conservative forecasts estimating roughly 9.3 million acre feet of inflow next year.ย
The report is stark in its assessment of the situation: Current Colorado River levels require โimmediate and substantial reductions in consumptive use across the Basinโ or Lake Powell by 2027 would have no storage left and โwould have to be operated as a โrun of riverโ facilityโ in which only the inflow from the river could be released downstream.ย
โThe River recognizes no human laws or governance structures and follows only physical ones,โ the reportโs authors wrote. โThere is a declining amount of water available in the Colorado River system, primarily caused by the effects of a warming climateโlonger growing seasons, drier soils, and less efficient conversion of the winter snowpack into stream flow. Although American society has developed infrastructure to store the spring snowmelt and make that water available in other seasons to more completely utilize the variable runoff, the Colorado River watershed produces only a finite volume of water, regardless of how many dams exist.โ
The lifeblood of the American Southwest, the Colorado Riverโs water flows from Wyoming to Mexico, enabling the regionโs population and economies to develop. The damming of the river has diverted water to booming metropolises like Los Angeles and Phoenix while also supporting the U.S.โs most productive agricultural areas and powering some of the its largest hydroelectric dams. In total, the river supplies seven states, 30 tribes and 40 million people with water.
The compact that divvied up the riverโs water a century ago overestimated how much actually flowed through it, and climate change has diminished the supply even further. The melting snowpack that runs off mountains in the spring to feed the river has declined, shrinking the river and its storage reservoirs during decades of drought. The seven states that take Colorado River water are divided into two factions engaged in tense conversations about its future and how cutbacks should be distributed. Current guidelines for managing the river in times of drought are set to expire at the end of next year, and new ones are legally required to take their place, but negotiations between states, tribes and other stakeholders over the sharing of the necessary cuts in water usage are at an impasse.
But if current conditions persist, further cutbacks on the river wonโt be able to wait until those negotiations are finished, the reportโs authors find, and they urged the Department of the Interior โto take immediate action.โ
โLetโs hope that we are all wrong and that it snows like hell all winter and runoff is wonderful and we buy ourselves some time and additional buffer,โ said Kathryn Sorensen, director of research for Arizona State Universityโs Kyl Center for Water Policy and one of the reportโs co-authors. โBut of course, it never makes sense to plan as if itโs going to snow, and we have to deal with what is a realistic but not worst-case scenario and take responsible actions.โ
Adding to the issue is the status of the infrastructure that enables the river to be diverted and stored for use. For example, the researchers write, it was thought that anything above whatโs known as โdead poolโโa water level below the reservoirsโ lowest outlets that can pass water through the damsโwas โactive storage.โ But testing last year from the Bureau of Reclamation, the federal agency overseeing the river and its dams, found that those outlets can only be safely used at water levels higher than previously thought and cannot be used for long durations.
Margaret Garcia, an associate professor at ASUโs School of Sustainable Engineering and the Built Environment, who was not a part of the study, said the analyses makes clear the โreality of dead pool is within sightโ for the basinโs reservoirs, even without considering the possibility of having an extremely dry year.
She likened the reservoirs to having a savings account with a bank. โWhen you have a savings account, you have some time to scramble and figure things out,โ Garcia said. โBut if youโve already drawn down your savings account and then [youโre laid off] and you never filled it back up at least a little bit, youโre in for a really tough situation.โ
And just like a savings account, Garcia said, a reservoir isnโt much good if it canโt generate hydropower or store water.
Sorensen said the secretary of the Interior, Doug Burgum, has broad authority to act to protect critical infrastructure in both of the riverโs basins. The question is what those actions should be.
โThe solutions are there,โ she said. โThe solutions are known. Theyโre just extraordinarily painful to implement. โ
State negotiators have worked this year to determine how to manage the river after 2026, Sorensen said, but the buffer of water stored in reservoirs โthat weโre relying on to kind of get us through the negotiations and these difficult times is potentially much smaller than maybe was commonly understood.โ
โNo one comes out of this unscathed,โ she said.
From left, Western States Ranches Agricultural Operations Manager Mike Higuera, Conscience Bay Research Program Officer Dan Waldvogle and Colorado State University researcher Perry Cabot. The three held a field day and ranch tour in August for other local ranchers to learn about water conservation and deficit irrigation. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM
As reservoir levels continue to plummet at the end of another dismal water year, some agricultural water users are asking Colorado lawmakers to consider a bill next session that would make it easier for them to get credit for conserving water.
It would be the next step in creating a conservation pool in Lake Powell that the Upper Basin states could use to protect against water scarcity.
Over the past decade, Colorado, New Mexico, Utah and Wyoming have dabbled in programs that pay willing participants to use less water on a temporary basis. But so far, that saved water has flowed downstream unaccounted for. Changes to state laws would be needed to allow state officials to shepherd conserved water into a Lake Powell pool.
โOur message is simple: Protect Colorado agriculture by enabling voluntary, compensated water conservation without causing injury to other water users,โ Dan Waldvogle told state legislators at an August meeting of the Water and Natural Resources Committee in Steamboat Springs. โGive us credit for the water we save and guarantee that conserved consumptive use is fairly and fully compensated โฆ . The 2026 legislative session is our last best chance to take action and control our future.โ
Waldvogle was speaking on behalf of the Colorado Farm Bureau and Rocky Mountain Farmers Union. He also works for Conscience Bay Co., a Boulder-based real estate investment firm that owns a cattle-ranching operation in Delta County known as Western States Ranches.
But allowing the state to shepherd conserved water resurrects old concerns for some on the Western Slope. They say it could open the state to speculators and interstate water markets, with Colorado water users selling their water to the highest bidder in the Lower Basin, which includes California, Arizona and Nevada.
โWeโre saying you should not pass a standalone shepherding law or conserved consumptive use law that would allow and enable the state engineer to do that without having a thorough discussion with all stakeholders and encoding in legislation important sideboards and protections for our agricultural industry and our community,โ Colorado River Water Conservation District General Manager Andy Mueller told lawmakers at the August meeting.
State Engineer Jason Ullmann said in an email that he does โnot have authority to require water conserved through voluntary programs to bypass other Colorado water usersโ headgates unless it is necessary to meet Coloradoโs compact obligations.โ The bypassing of other usersโ headgate to deliver water to a point downstream is more commonly known as shepherding.
The General Assembly would need to pass legislation in order to give him that authority, many stakeholders believe.
Western States Ranches near Eckert enrolled some of its fields in the 2024 System Conservation Pilot Program. The ranch was paid about $278,000 to save about 550 acre-feet of water. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM
The conservation conversation comes at a pivotal time for water users on the Colorado River, which remains wracked by drought and climate change. The most recent projections from the U.S. Bureau of Reclamation show water levels at Lake Powell potentially falling below the threshold needed to make hydropower by November 2026. The reservoir is currently about 28% full.
State Sen. Dylan Roberts, a Democrat who represents several Western Slope counties including Eagle, Garfield, Grand, Moffat, Rio Blanco, Routt and Summit and is the chair of the Water and Natural Resources Committee, told Aspen Journalism that as of now, no bill to address shepherding or future conservation programs is in the works in Colorado. But that may be because the seven states that share the Colorado River are still hashing out how reservoirs will be operated and how cuts will be shared when the current guidelines expire next year.
The potential path forward.
At the beginning of this summer, negotiators from the seven basin states agreed to a concept that would share water based on flows in the river and not on demands, but talks have since stalled. Federal officials have given the states a Nov. 11 deadline to come up with the outline of a deal.
โI remain fully committed to reaching consensus, but I want to be candid, especially with you all,โ Becky Mitchell, Coloradoโs lead negotiator, told lawmakers. โThe discussions with my counterparts have been and continue to be challenging. I understand why this discussion is so challenging for our Lower Basin counterparts. They have developed a reliance on water that is above their apportionment that is simply not there.โ
Colorado and the other Upper Basin states have been tiptoeing into voluntary conservation pilot programs since 2015, and the 2019 Drought Contingency Plan allowed for a 500,000-acre-foot conservation pool in Lake Powell. Late last year, Upper Basin officials offered up a 200,000-acre-foot pool in Powell as part of negotiations, and some type of future voluntary conservation program for the Upper Basin appears increasingly likely.
The System Conservation Pilot Program, which first ran from 2015 to 2018, was rebooted in 2023 and paid water users in the Upper Basin to cut back in 2023 and 2024. Over two years, the program doled out about $45 million to conserve just over 100,000 acre-feet of water across the four states.
A main criticism of the SCPP was that the conserved water was not tracked to Lake Powell, even though one of the programโs stated intents was to boost levels in the nationโs second-largest reservoir. In some cases, the water was probably picked up by a downstream water user, with no net gain to Lake Powell. This is the issue that new state legislation could remedy. Until now, the experimental conservation programs were allowed with temporary approvals from state officials.
โWe want action,โ Waldvogle said. โAnd I think the way I define action is for [lawmakers] to move forward in developing a program in order to really catalyze our communities into these discussions. To really develop all the sideboards necessary to have a program is going to take a longer time frame.โ
Western States Ranches
Conscience Bay owns about 3,800 acres on parcels scattered throughout Delta County, 3,000 of which the company says are irrigated. About 3,200 of these total acres are clustered in Harts Basin near Eckert, making up the headquarters of the companyโs reaching operation known as Western States Ranches. The ranch participated in the SCPP in 2024, with water to some fields shut off June 1 and others July 1. The ranch saved about 550 acre-feet, or 7% of its water, according to ranch managers.
Ranch representatives see participation in these early voluntary conservation programs as a way to have some control over their operations should water cuts become mandatory in the future. They say they are interested in innovative ways to adapt to water scarcity, and they partnered with Colorado State University scientists to study the effects on forage crops of taking irrigation off their fields that were enrolled in SCPP in 2024.
โWe wanted to figure out how this is going to affect us, and if we are required to do this in the future, we want to have the knowledge to make good decisions,โ said Mike Higuera, agricultural operations manager of Western States Ranches. โWe assume that we are going to have to conserve water in this game.โ
Western States Ranches in Delta County participated in the 2024 System Conservation Pilot Program. The ranch is working with Colorado State University researchers to learn what happens when water is removed from fields. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM
Western States Ranches hosted an August field day in Eckert with the Western Landowners Alliance for other local farmers and ranchers to learn about drought-resilient ranching and share the findings from CSU researchers.
The ranchโs participation in SCPP has resurrected fears that the owners, who began purchasing the Delta County properties in 2017, are speculating โ buying up land for its senior water rights and hoarding them for a future profit. With a water-conservation program in the Upper Basin all but guaranteed, some worry that Western States Ranches could be looking to profit off sending their water downstream.
The question came up at the August field day when a Paonia-area rancher said he had heard the ranch owners were speculators. Conscience Bay representatives have always denied that accusation.
โI can tell you there are a lot better ways to make money,โ Higuera replied.
According to SCPP documents, the ranch was paid $278,372 for their water in 2024. Higuera said that amounted to about 10% of their revenue last year, with cattle sales making up the other 90%.
Colorado in recent years has tried to tackle the thorny issues of how to fairly roll out a conservation program while prohibiting speculation. Defining what speculation is and who is a speculator is slippery and hinges on determining the water rights purchaserโs intent โ a nearly impossible thing to know or police with 100% certainty. The bottom line of the stateโs existing anti-speculation policy is that water-rights owners must put that water to beneficial use.
Ultimately, a 2021 workgroup failed to find consensus about ways to strengthen protections against speculation and a drought task force failed to provide recommendations about conserved consumptive programs for lawmakers, underscoring the difficulty of protecting the stateโs water without infringing on private property rights. Some agricultural producers balked at laws that could restrict their ability to make money by selling their land and associated water rights.
At the heart of speculation concerns is the fear of large-scale, permanent dry-up of agricultural lands. Mueller has long cautioned that conservation programs, if not done carefully, could disproportionately impact rural agricultural communities. Although SCPP was open to all water-use sectors, all of Coloradoโs participants in SCPP in 2023 and 2024 were from Western Slope agriculture.
โAny program that we have must be designed for our stateโs best ability to support the longevity of agriculture and the vitality of our communities, and weโve got to be thoughtful and precise,โ Mueller said.
This equipment in a field on Western States Ranches helps figure out how much water crops use. The ranch partnered with Colorado State University researchers to track what happens to a forage crop when water is removed mid-way through the irrigation season. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM
Paying for programs
Another big question about Upper Basin conservation remains: How will it be paid for?
SCPP in 2023 and 2024 was funded with money from the federal Inflation Reduction Act. The bill that could have authorized SCPP again in 2025 is still stalled in the House. Over 2023 and 2024, the program doled out about $45 million to water users in the Upper Basin and saved about 101,000 acre-feet.
Without overhauling the Westโs system of water rights, voluntary, temporary and compensated conservation programs are one of the only carrots to entice agricultural water users โ who account for the majority of water use in the Colorado River Basin โ to cut back. But they are expensive, and itโs unclear how future long-term conservation programs would be funded.
Coloradoโs entire congressional delegation in early August sent a bipartisan letter to federal water managers, in an effort to shake loose $140 million in funding that was promised for projects addressing drought on the Western Slope in the final days of the Biden administration and then frozen by the Trump administration.
U.S. Sen. Michael Bennet, D-Colo., addressed the question at a Colorado Water Congress meeting in Steamboat Springs in August.
โWeโre now not going to have a great federal partner for a while, Iโm afraid, and weโre going to have to figure out how to rely on each other and do it in more imaginative ways than maybe we have in the past,โ Bennet said.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
The Colorado River District is working to buy the water rights to the Shoshone hydroelectric power plant for $99 million from Xcel Energy to ensure they exist in perpetuity, due to their importance in helping assure a sizable amount of Colorado River water continues flowing downstream at times of low water levels rather than being diverted. It is pursuing an instream flow right to protect the flows associated with the rights at times when the plant isnโt operating, and so the flows will continue should the plant ever close.Heather Sackett/Aspen Journalism
Front Range utility giant Denver Water has thrown its support behind the effort by Coloradoโs entire congressional delegation to get the Bureau of Reclamation to release previously announced drought-mitigation funding for 15 Colorado water projects, including $40 million to help acquire the Shoshone hydroelectric plant water rights on the Colorado River. In a Sept. 5 letter to the bureauโs acting commissioner, David Palumbo, and Scott Cameron, acting assistant Interior secretary for water and science, Denver Water CEO/Manager Alan Salazar voiced the utilityโs support for the funding for 15 Colorado projects selected for the bureauโs Upper Colorado River Basin Environmental Drought Mitigation funding opportunity. The money is part of a category of funding also known as โBucket 2โ or โB2E.โ
[…]
In the waning days of the Biden administration, the Bureau of Reclamation announced the Shoshone funding and tens of millions of dollars of funding for other water projects in the state. Among the other projects are about $25.6 million for drought mitigation in southwest Colorado, about $24.3 million for the Grand Mesa and Upper Gunnison watershed resiliency and aquatic connectivity project, $4.6 million for the Mesa Conservation District and Colorado West Land Trust to work on drought resiliency on local conserved lands, and $2.8 million for the Fruita Reservoir Dam removal project on Piรฑon Mesa. Most of that funding has been frozen under the Trump administration, although it did eventually agree to release nearly $12 million to the Orchard Mesa Irrigation District for water projects that were among the projects previously announced for funding…
Of particular interest particularly for West Slope water interests is the Shoshone funding. The Colorado River District is trying to close a $99 million deal with Xcel Energy to buy what are large and senior water rights associated with the plant in Glenwood Canyon. Those rights, due to their seniority, have helped protect flows into the canyon and downstream, and the river district wants to protect those water rights and their associated flows in cases when the plant isnโt operating, and should it eventually shut down. The federal funding is key to the fundraising effort to buy the water rights. The river district has proposed dedicating the Shoshone water rights to the Colorado Water Conservation Board for instream flow use, Salazar noted in his letter.
Amid tense negotiations over the Colorado Riverโs future, Nevada leaders came together Thursday to focus on the stateโs strategy to meet the climate and drought crisis threatening Lake Mead and the Hoover Dam.
Democratic Rep. Susie Lee, whose district falls within the boundaries of Lake Mead and half of the Hoover Dam, brought together regional water and hydropower leaders to highlight mounting needs the state faces during her third annual Southern Nevada Water Summit at the Springs Preserve.
Before water was piped from the Colorado River to Las Vegas, the burgeoning community relied entirely on groundwater from the Las Vegas Springs located on the site where the Springs Preserve now sits.
That water soon dried up after demand from the growing city depleted the aquifer. Now water managers are working to ensure Lake Mead โ which provides nearly 90% of the cityโs water โ does not meet the same fate.
The summit comes at a critical time as states run against a mid-November deadline to reach a consensus on how the river and its reservoirs should be managed after current guidelines expire at the end of 2026. If states canโt reach a deal ahead of the deadline, the federal government will likely step in and make those decisions for them.
โThe reality is itโs a really tough set of negotiations right now, so weโre meeting pretty regularly,โ said Southern Nevada Water Authority Deputy General Manager Colby Pellegrino.
โThereโs a lot of work that still needs to be done. We are nowhere close to agreement,โ Pellegrino said.
Still, itโs an improvement from December when representatives from Lower Basin states โ Nevada, Arizona, and California โ and Upper Basin states โ Colorado, New Mexico, Utah, and Wyoming โ left a major water summit in Las Vegas without even speaking to each other.
Upper and Lower Basin states have largely quarreled over which portion of the basin should decrease its water use, and by how much.
States did come closer to a consensus after a breakthrough proposal in July to share the waterway based on the actual flow of the river, as opposed to projected flows and historical agreements. The proposal is still in play, said Pellegrino.
โI personally think itโs really good public policy for us to pursue something like that. Itโs very responsive to current conditions. It does a decent job of creating some equity between the Upper Basin and Lower Basin,โ Pellegrino said.
โBut weโve got a long way to go to see if we can agree on the details,โ she continued.
Water flows in the Colorado River are shrinking due to climate change, and the reality of what that means for states reliant on the river is becoming more stark.
Earlier this month, federal officials announced they would continue water allocation cuts on the Colorado River for the fifth consecutive year following a persistent drought thatโs drained Lake Mead.
Lake Meadโs elevation is currently at about 1,054 feet above sea level โ 175 feet below whatโs considered full. Based on water storage, the reservoir is at 31% of capacity.
Nevada is ahead of the game when it comes to preparing for those reductions, said Pellegrino.
Nevada receives less than 2% of Colorado River water each year, the smallest share of any state in the basin. Those limitations have forced Nevada to become a conservation pioneer.
Southern Nevada hasnโt used its full allocation of Colorado River water for years. Conservation efforts have helped Southern Nevada use 36% less water from Lake Mead than it did two decades ago, according to the Southern Nevada Water Authority (SNWA).
Even under the most severe water shortage, the Southern Nevada Water Authority would be able to access its share of the river thanks to major infrastructure projects, including Intake 3 โ the โthird strawโ โ and the Low Lake Level Pumping Station.
โOur intake and our infrastructure allows us to deliver water to this valley even when water cannot be released from Hoover Dam,โ Pellegrino said.
Other water infrastructure projects in Nevada have been funded by the Southern Nevada Public Land Management Act, which allocated 10% of revenue derived from land sales to the Southern Nevada Water Authority.
To date, SNPLMA has generated more than $368 million to fund Nevadaโs water priorities and infrastructure needs. Pellegrino said SNWA will continue leveraging that funding to support water conservation, infrastructure upgrades, long-term drought planning, and environmental restoration.
Additional sources of federal funding have also been a major contributor to water conservation on the Colorado River, said Lee.
The congresswoman highlighted the Inflation Reduction Act, which included $4 billion in investments for drought mitigation along the Colorado River Basin. She also highlighted the Bipartisan Infrastructure Law which provided $141 million for water conservation projects in Southern Nevada, including funding for the Las Vegas Wash, which carries millions of gallons of treated wastewater to Lake Mead.
That funding allowed California, Arizona and Nevada to collectively reduce water use by at least 3 million acre-feet through the end of 2026, stabilizing Lake Mead for several years.
Another major issue created by lower water levels at Lake Mead is the loss of hydropower productivity. Hoover Dam generates half the power that it did in 2000 due to consistently lower water levels in Lake Mead.
If Lake Mead falls another 20 feet, Hoover Damโs capacity to generate electricity would be slashed by 70% from its current level.
The break point for hydropower is 1,035 feet. At that level, 12 older turbines at Hoover that are not designed for low reservoir levels would be shut down. Only five newer turbines installed a decade ago would continue to generate power.
There is a way to fix the problem, said the Colorado River Commission of Nevadaโs director of hydropower Gail Bates.
Replacing the 12 older turbines would maintain power generation even at low levels, however it would require significant investment.
โWeโre really getting to the point where theyโre urgently needed. Bad news is the cost. They cost about $8 million each to install. So itโs a very heavy investment,โ Bates said.
During the summit, Lee and Sen. Catherine Cortez Masto said they are working together to advance the Help Hoover Dam Act, a bill that would unlock some $50 million in stranded funding for the dam from an orphaned federal account.
The funds had been set aside for pension benefits for federal employees, but advocates for the bill say Congress funds pension benefits through other means and that the funds could be spent on dam upgrades if the Bureau of Reclamation was given the authority to do so.
โThe dam is turning 100 years old in 2035 and the Bureau of Reclamation is estimating that it will require about $200 million in upgrades. This is money thatโs just sitting there stranded. It would be so good to free that up so we can make those investments,โ Cortez Masto said.
Nevada Current is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Nevada Current maintains editorial independence. Contact Editor Hugh Jackson for questions: info@nevadacurrent.com.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
Lake Pleasant (pictured), located north of Phoenix, serves as the Central Arizona Projectโs water storage reservoir, as well as being a popular recreational amenity. Water shortages are impacting Colorado River basin reservoirs such as Lake Mead in Nevada and Lake Powell, which stretches across northern Arizona and southern Utah. Environmental changes throughout the Southwest are presenting challenges to maintaining flows. Photo courtesy of Central Arizona Project
Arizona cities are joining together under one banner to advocate for Arizona in ongoing Colorado River talks…At a discussion on Wednesday, Phoenix Mayor Kate Gallego emphasized the need to get these negotiations right for the sake of Arizonaโs future.
โFor political reasons as well as drought, it [the river] is under threat, and we have to come together and tell the story of the really important work that we as the cities in the Central Arizona Project service territory are doing to protect our water,โ Gallego said.
She is one ofย 23 Arizona mayors in the bipartisan coalitionย so far…The goal of the new Arizona coalition is to unite Colorado River water users and showcase the stateโs ongoing water conservation efforts. Brenda Burman is the executive director of the CAP.
โI think when people have looked into our state from the outside, they havenโt seen us standing together. Theyโve seen us making our own announcements, and thatโs not how we feel, so we wanted to have a chance to be able to show it,โ Burman said.
Burman said the coalition is only in its first phase and will expand to include other Arizona water users, like farms.
Extensive farmland receives irrigation water and 80 percent of the Arizona population receives municipal water through the Central Arizona Project, a massive distribution system in the state that Brad Udallโs father and uncle worked to establish. Accelerating evaporation in diversion systems such as this is a top concern resulting from climate change. Credit: Colorado State University
The points and counterpoints are in: Coloradoโs water heavyweights have laid out their arguments about the future of a powerful Colorado River water right ahead of a state hearing in mid-September.
A Western Slope coalition led by the Colorado River District and Front Range groups โ Aurora Water, Colorado Springs Utilities, Denver Water and Northern Water โ are debating a potential change to water rights tied to the Shoshone Power Plant in Glenwood Canyon. The influential water rights, owned by an Xcel Energy subsidiary, impact how water flows across the state.
The Western Slope wants to add an environmental use to the water rights, which currently allow Xcel to use the water for hydropower, mining, milling, manufacturing and other purposes. Itโs part of the coalitionโs broad plan to keep the Colorado Riverโs โstatus quoโ flows at Shoshone Power Plant long into the future.
Front Range water managers and providers are concerned that their water supplies could be impacted, especially if the Colorado River District is overestimating the amount of water that should head west toward Shoshone, near Glenwood Springs, rather than east to growing Front Range cities.
Each side has insinuated that the other is swaying its estimate of past water use to send more water to their part of the state.
Graphic credit: Laurine Lassalle/Aspen Journalism
โWe do not contest the environmental benefits. Protecting flows in Glenwood Canyon is valuable,โ said Aurora Water in a rebuttal statement filed Friday. โAuroraโs participation in this hearing is not about securing any sort of โwindfall,โ as some have wrongly alleged. That claim is baseless and pure projection. Our sole position is that Shoshone should be preserved as it has historically operated โ no more, no less.โ
Thirteen entities submitted rebuttalย statements, totaling 367 pages,[to] the Colorado Water Conservation Board. Itโs part of the stateโs multistep review process in advance of the hearing at the boardโs next meeting, Sept. 16-18.
For western Colorado communities, the Shoshone water rights impact their economies, quality of life and environments. Shoshoneโs water rights are old enough that they have priority over other, more recent water rights in dry periods under state law. Over the past century, these communities have grown up relying on the power plant to send water westward โ toward their farm diversions and rafting corridors โ as it generates electricity.
For Front Range communities, the stakes are similar. Water providers rely on water from western Colorado to support growing cities, industries and farms. And in some cases, their water rights come in second to Shoshoneโs under the โfirst in time, first in rightโ water administration system.
With high stakes on either side, Fresh Water News is breaking down some of the key questions in the debate.
What is an instream flow right?
An instream flow right is meant to help preserve the natural environment. In 1973, Colorado lawmakers allowed a state agency, the Colorado Water Conservation Board, to use water rights to keep water in rivers, streams and natural lakes through the Instream Flow Program.
At the time, Coloradans were concerned about stretches of streams that dried up when mountain runoff slowed while demand from humans โ cities, farms and industries โ continued. Shallower, slower streamflows impact habitat and food sources for native species while sometimes creating better habitat for their competitors.
The program aims to keep water in streams and natural lakes to reduce these impacts. Since 1973, the state has appropriated instream flow rights on nearly 1,700 stream segments covering more than 9,700 miles. In Shoshoneโs case, the instream flow right would apply to a 2.4-mile stretch of the Colorado River between the point where Shoshone takes water out of the river and the point where it releases that water back into the river channel.
Whatโs this state-led process?
The state-led process will determine whether the water rights attached to the Shoshone Power Plant can be used to protect instream flows.
Colorado lawmakers designated the Colorado Water Conservation Board, a state water policy agency, as the sole entity that can own and operate instream flow rights. The agencyโs board of directors is reviewing testimony, environmental analyses, and other materials as part of a standard, 120-day review process for proposed instream flow rights. The board is scheduled to make its final determination at its September meeting.
The Colorado River District kicked off the review period in May when it formally proposed adding an instream flow right to Shoshoneโs water rights. Under the districtโs proposal, the district would own the title to Shoshoneโs water rights, but the state would manage it in perpetuity.
After the hearing, the proposed Shoshone environmental water right would also need to go through a water court process.
What is this โhistorical useโ debate about?
In order to legally change Shoshoneโs water rights to include environmental use, state officials need to know how much water has been used under Shoshoneโs water rights in the past.
Shoshoneโs 1905 water right allows the power plant to divert up to 1,250 cubic feet per second of water. A second, more recent, water right allows the plant to divert 158 cfs. But the amount of water that is actually used to generate power at Shoshone fluctuates or has paused because of facility maintenance.
Calculating past use is complicated. BBA Water Consultants, hired by the Colorado River District, looked at Shoshoneโs operations from 1975 through 2003. The plantโs 29-year average historical use was 844,644 acre-feet, according to the consultantsโ preliminary analysis.
They excluded years after 2003 because Shoshone had significant outages totaling 1,466 days over 19 years compared with 89 days during the study period.
Some Front Range water users say this estimate is too high or that more recent years should have been included.
Aurora Water said the Western Slope group used โcherry-picked dataโ and the historical use was closer to 538,204 acre-feet, a 36% difference.
Are there other disagreements?
In short, yes. The oft-repeated refrain in water deals is โthe devilโs in the details.โ
Colorado Springs Utilities raised concerns in its rebuttal about adding an environmental use to Shoshoneโs more recent, or junior, water right, which currently allows water to be used for manufacturing and power generation. The Colorado River Districtโs plan would expand the junior right and potentially cause a water-administration ripple effect that would impact the utilityโs water supplies.
Denver Water was concerned about historical use. It and Aurora Water also took issue with how the environmental water right would be owned and managed under the Colorado River Districtโs proposal. State lawmakers gave the CWCB exclusive authority to hold and use instream flow rights, but the River Districtโs plan encroaches on that authority by saying the district will hold the title, but the state agency will manage the right.
Northern Water shared many of these concerns, requesting that the state delay its decision.
For its part, the Colorado River District said everyone agrees on the main issue โ adding an environmental use to the Shoshone water rights โ but that the objectors โmisstate the lawโ and are trying to distort the parameters of the stateโs upcoming decision.
The district says the water court decides how much water is at stake, saying the water providers should leave โhistorical useโ up to the court. It has also suggested the state stay neutral on the historical use amount.
This historical photo shows the penstocks of the Shoshone power plant above the Colorado River. A coalition led by the Colorado River District is seeking to purchase the water rights associated with the plant. Credit: Library of Congress photo
Colorado River “Beginnings”. Photo: Brent Gardner-Smith/Aspen Journalism
From email from the Arizona Department of Water Resources (Doug Maceachern):
September 2, 2025
Itโs time to set the record straight regarding the negotiations among Arizona, California, Nevada, Utah, Wyoming, New Mexico and Colorado regarding the post-2026 Colorado River operations.
Amid the backdrop of prolonged drought and declining flows of the Colorado River, the seven states have the unenviable task of balancing the amount of water Mother Nature provides and the stressors related to the use of that water for 40 million people and millions of acres of farmland.
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2024. Credit: Brad Udall
Discussions among the seven basin states continue, but finding common ground has been extremely challenging. The United States has told the seven basin states that if an agreement is not reached by November 11, 2025, they will move forward with an alternative. The terms and conditions of that alternative have not been disclosed. There is still an opportunity to avoid the path of federally imposed operating guidelines and the legal entanglements that would likely follow. But the clock is ticking.
However, Arizona, California, Nevada, and our partners in Mexico have not been idle. Over the last decade, we have reduced our water use so that the elevation of Lake Mead, the primary storage reservoir supplying water to our three states and Mexico, is over 100 feet higher because of those water-use reductions. That is over two trillion gallons of water. Arizonaโs contribution to that success story? Nearly a trillion gallons of that total entirely on our own.
Those reductions have been painful, but they have not been enough to sustain the river. Moving forward, all seven states must do more.
That outcome requires bold thinking, sacrifice, and a willingness to share in protecting the Colorado River by all seven states that benefit from its bounty. The tool to achieve that goal is simple: reduce water use.
Arizona, California, and Nevada have put forth a Post 2026 operational proposal that requires mandatory, certain and verifiable water-use reductions of additional billions of gallons of water by the three Lower Basin states.
To the contrary, Colorado, Wyoming, Utah, and New Mexico have not agreed, nor have they proposed, any mandatory, certain and verifiable reductions in their water use. Not. One. Single. Gallon. Instead, they propose that water-use reductions needed to save the Colorado River come solely from Arizona, California and Nevada.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
Rio Grande and Pecos River basins. Map credit: By Kmusser – Own work, Elevation data from SRTM, drainage basin from GTOPO [1], U.S. stream from the National Atlas [2], all other features from Vector Map., CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=11218868
EPA withdraws a proposed rule to reduceย wastewater pollution from slaughterhouses.
EPA will seek to cut federal protections forย wetlands.
USDA will prepare an environmental impact statement for repealing theย Roadless Ruleย that shields national forests and grasslands from logging and road building.
New Mexico and Texas agree toย Rio Grande lawsuitย settlement.
CBO reports onย U.S. agricultureโs greenhouse gas emissions.
EPA proposes allowing Wyoming to manage its ownย coal-waste program.
Interior Department completes work onย soil burn severity assessmentย for a large fire north of the Grand Canyon.
And lastly, the Department of Energy supports a feasibility study for what would be one of the countryโs largest pumped storage hydropower projects.
โThe seven states need to recognize that there is pain and sacrifice all over the place and try and get past that visceral perception and figure out what they can do to work together to provide water reliability for the 40 million people who depend on the Colorado River.โ โ Scott Cameron, senior adviser to the interior secretary, speaking at a meeting of the Glen Canyon Dam Adaptive Management Work Group on August 20. Cameron, who said he is โcautiously optimisticโ about a seven-state deal on managing the river before the current operating rules expire at the end of next year, said the basin needs to look for strategies to reduce consumption and โto facilitate transfers and exchanges.โ
By the Numbers
10 Percent: Share of U.S. greenhouse gas emissions generated by agriculture, according to a Congressional Budget Office report. The main pollutants in this total are nitrous oxide, a byproduct of fertilizer, and methane, which comes from livestock manure and cow burps.
$21 Million: Research and development funding from the Department of Energy for hydropower projects. The largest portion ($7.1 million) is to investigate the feasibility of a massive pumped storage hydropower project proposed for Navajo Nation land. Pumped storage toggles water between a lower and upper reservoir, a system that functions like a battery. New Mexico State University is the co-investigator for Carrizo Four Corners, the 1,500-megawatt pumped storage project that could provide 70 hours of energy storage, far more than the several hours of storage provided by the largest lithium-ion batteries.
News Briefs
Slaughterhouse Waste The Environmental Protection Agency will not strengthen wastewater discharge rules for meat and poultry producers. The rules were proposed during the Biden administration.
To justify the action, the agency cited its desire to lower food prices and reduce industry operating costs.
The Biden-era rule intended to reduce the volume of pollutants that enter waterways from some 3,879 slaughterhouses nationally. Those pollutants include nitrogen, phosphorus, organic matter, fecal coliform, and grease. They contribute to harmful algal blooms and low-oxygen dead zones in rivers, lakes, and coastal ecosystems.
A Narrow Wetlands Definition The EPA is preparing to release a rule by the end of the year that would shrink the number of wetlands with federal protection under the Clean Water Act, E&E News reports.
According to a slide presentation seen by E&E, the agency โwould regulate wetlands only if they meet a two-part test: They would need to contain surface water throughout the โwet season,โ and they would need to be abutting and touching a river, stream or other waterbody that also flows throughout the wet season.โ
The changes are in response to a 2023 Supreme Court ruling that provided narrower, but undefined criteria for determining which water bodies have federal protection.
Rio Grande Settlement By signing a settlement agreement, New Mexico, Texas, and the Justice Department are closer to ending a long-running dispute over water rights from the Rio Grande and the groundwater pumping that affects river flows, Inside Climate News reports.
โThe settlement package includes new formulas to calculate how much water each entity is owed; an agreement for New Mexico to reduce groundwater depletion, and changes to the operating manual for the Bureau of Reclamationโs Rio Grande Project.โ
Roadless Rule The U.S. Department of Agriculture is pushing ahead with its attempt to undo a 24-year-old rule that prevents logging and road building in โroadlessโ areas of national forests and grasslands.
Rescinding the Roadless Rule, which was adopted in the last month of the Clinton administration, will affect more than 44 million acres, mostly in 10 western states.
The department will prepare an environmental impact statement for its intent to repeal the rule. It argues that more local control over land management decisions are needed.
Comments are due September 19. Submit them via http://www.regulations.gov using docket number FS-2025-0001.
Studies and Reports
Dragon Bravo Fire Burn Severity An Interior Department team completed an evaluation of the soil burn severity of the Dragon Bravo Fire, which has burned across more than 149,000 acres north of the Grand Canyon.
The fire severely burned the soils on just over 2 percent of the acres. Another 26 percent was moderately burned. The most severe burns cook the soil, which increases surface runoff after storms. Erosion and downstream floods can be the result.
Emergency Alert System Improvements The Federal Communication Commission is beginning the process to assess and potentially upgrade the nationโs emergency alert systems that local agencies use to inform residents about natural hazards like floods and fires.
The commission is taking public comments through September 25. Submit them hereusing docket number 25-224.
Wyoming Coal Waste The EPA wants to grant more states the authority to regulate waste products from burning coal for electricity. Wyoming is the latest state to seek this power, called primacy.
The agency is proposing to approve Wyomingโs bid to oversee its coal ash permitting program.
A public meeting will be held October 30. Public comments on the proposed approval are due November 3. Details are in the above link.
Three states currently have primacy. North Dakotaโs application is being reviewed.
Federal Water Tap is a weekly digest spotting trends in U.S. government water policy. To get more water news, follow Circle of Blue on Twitter and sign up for our newsletter.
Under the 1922 Colorado Compact, the Upper Division states of Colorado, New Mexico, Utah and Wyoming share the river with the Lower Division states of Arizona, California and Nevada, with each Division apportioned 7,500,000 acre-feet of water annually. Over eighty percent of the water of the Colorado River originates as snowpack in the Upper Division, so sharing of the Riverโs flows is accomplished through Article 3.d of the Colorado Compact, which provides that the Upper Division States will not cause the flow of the river at Lee Ferry, which is in Arizona just below Lake Powell, to be depleted below an aggregate of 75,000,000 acre-feet for any period of ten consecutive years. Under a 1944 treaty, the Republic of Mexico is entitled to 1,500,000 acre-feet of Colorado River water each year. Lake Mead and Lake Powell, the largest reservoirs in the United States, hold Colorado River water for delivery to the states and Mexico and are operated under the authority of the Secretary of the Interior (Secretary) through the U.S. Bureau of Reclamation.
The U.S. Supreme Courtโs ruling Arizona v. California, 373 U.S. 546 (1963) determined that Arizona entitled to divert 2.8 million acre-feet per year of Colorado River water in normal years. This is an important supply, constituting approximately 36% of Arizonaโs total water use.
Glen Canyon Dam, which forms Lake Powell, was completed in 1963, and thereafter Lakes Powell and Mead were operated under guidelines finalized in 1970, called the Long Range Operating Criteria (LROC). In 2007, in response to several years of drought and declining reservoir levels, the Secretary, in collaboration with the Colorado River states and other stakeholders, adopted a new set of operating guidelines. The 2007 Guidelines were designed to help stabilize water levels in Lakes Powell and Mead, to provide certainty regarding shortage conditions and to incentivize conserving water in Lake Mead by providing flexibility in deliveries to certain entities through the creation of โassigned waterโ (also commonly known as โIntentionally Created Surplusโ). The 2007 Guidelines expire on December 31, 2025 but its provisions generally remain in effect through the end of 2026. The 2007 Guidelines include three important aspects of Colorado River management that impact all who share the river. These are:
The amount of water the Secretary releases annually from Lake Powell into Lake Mead under different reservoir conditions.
Broadly speaking, the goal of these releases is to equalize the amount of water in Lakes Powell and Mead. Releases are based on water levels in Lake Powell relative to water levels in Lake Mead among other factors.1
2. The conditions under which the Secretary declares a shortage of Colorado River water in the Lower Division and of the amount of shortage assessed to each state.
A shortage is declared in the Lower Division when the U.S. Bureau of Reclamation annual August 24-Month Study projects that Lake Mead will be at or below elevation 1,075โ on the following January 1.
Arizona is shorted 320,000 acre-feet of water below Lake Mead elevation 1,075โ and above 1,050โ , 400,000 acre-feet of water below elevation 1,050โ and above 1,025โ and 480,000 acre-feet of water below elevation 1,025โ. Nevada takes shortages at these levels proportional to its 300,000 acre-foot allocation and no shortages are defined at these reservoir levels for Californiaโs allocation of 4.4 million acre-feet.
3. The terms under which entities can voluntarily create and hold volumes of assigned water in Lake Mead.
Assigned water is created and held in Lake Mead under the Secretaryโs authority to allocate surplus water under Article II(B)(2) of the consolidated Supreme Court decree in Arizona vs California and via treaty with Mexico. It is assigned to and held by an individual entity separate from the priority system of water allocation to which all other water in Lake Mead available for delivery in the Lower Division is subject.2
As of 2024, the Central Arizona Water Conservation District, the Gila River Indian Community, the Colorado River Indian Tribes, the Metropolitan Water District of Southern California, the Imperial Irrigation District, the Southern Nevada Water Authority and the Republic of Mexico hold accounts of assigned water in Lake Mead.
Generally, water in Lake Mead available to but not ordered by one Colorado River contract entitlement holder can be ordered by another for delivery. Thus, for assigned water to be held in Lake Mead, several entities with contracts to Colorado River water must agree to forego their rights to order the same water over all of the years that the assigned water is held in Lake Mead. These entities signed a Forbearance Agreement in which they agreed not to order another entityโs assigned water under certain conditions. The Forbearance Agreement expires on December 31, 2025 but forbearance provisions for assigned water created through intentional conservation that exists as of that date continue through 2036 and through 2056 for assigned water created through other means.
Despite the efforts taken through the 2007 Guidelines, and due to chronic over-allocation of the river and continuing drought, water levels in Lakes Powell and Mead are at or near historic lows. To address continuing declines in water storage, various entities in Arizona, California and Nevada entered into several agreements including the 2019 Lower Basin Drought Contingency Plan, the 2021 500+ Agreement and the 2023 System Conservation Agreement. Through these agreements the states committed to:
Voluntarily leave specified volumes of water in Lake Mead as Drought Contingency Plan contributions 3ย through the year 2026.
The voluntary contribution of water totals 192,000 acre-feet per year for Arizona between Lake Mead water levels below 1,090โ and above 1,045โ and totals 240,000 acre-feet per year below 1,045โ.
The voluntary contribution of water totals 8,000 and 10,000 acre-feet per year for Nevada at these levels. California did not agree to voluntary contributions of water at Lake Mead water levels above 1,045โ.
2. Through the year 2026, voluntarily leave some water in Lake Mead as unassigned water.
Unassigned water in Lake Mead belongs to no one entity and bolsters the supply of water available through the priority system to all Colorado River contract entitlement holders in the Lower Division (referred to as โSystem Conservationโ).
The states agreed to leave approximately three million acre-feet of unassigned water in Lake Mead. The federal government paid various entities with entitlements to Colorado River water, such as municipal water providers, agricultural interests, Tribes and mining companies to leave this water in Lake Mead.
The Secretary agreed to take affirmative actions to create or conserve 100,000 acre-feet per annum or more of Colorado River system water to contribute to conservation of water supplies in Lake Mead.
For unassigned water to be left in Lake Mead, several entities with contracts to Colorado River water must agree to forego their rights to order the same water. However, in the case of System Conservation, the water is held in Lake Mead only in the year the conservation takes place and subsequently becomes available the next year for delivery through the priority system. A group of entities, including the Director of Water Resources on behalf of the State of Arizona, signed various forbearance agreements in which they agreed not to order another entityโs conserved water. In these cases, forbearance is only required in the same year in which the system conservation activity takes place. These agreements expire at the end of 2026.
If no new set of operational guidelines is in place, upon expiration of the 2007 Guidelines and the Forbearance Agreements:
Rules for annual releases of water from Lake Powell into Lake Mead revert to the guidelines set forth in the LROC.
Generally, annual releases from Lake Powell to Lake Mead are set at 8.23 million acre-feet as an objective subject to Secretarial discretion and other factors. Arguably the Secretary has more discretion under LROC to set annual releases than under the 2007 Guidelines, which more precisely define releases based on relative water levels in Lakes Powell and Mead.
2. The specified shortages assessed to Arizona and Nevada under the 2007 Guidelines become moot and shortage determinations revert to the Secretaryโs authority, which has been broadly interpreted in times of shortage by the U.S. Supreme Court in its 1963 decision, Arizona v. California.
Under LROC, the Secretary has authority to โdetermine from time to time when insufficient mainstream water is available to satisfy annual consumptive use requirements of 7,500,000 acre-feetโ after consideration of various factors.
โข When insufficient water is available,
oย Deliveries through the Central Arizona Project are cut to the extent necessary to meet the demands of more senior Colorado River rights or entitlement holders in Arizona, California and Nevada.
oย If after these cuts there still remains insufficient water available to meet the demands of more senior Colorado River contract entitlement holders, the shortage provisions of Article II(B)(3) of the decree in Arizona v. California become effective, meaning that the rights of the Chemehuevi Indian, Cocopah Indian, Fort Yuma Indian, Colorado River Indian and Fort Mohave Indian Reservations are satisfied first, without regard to state lines, in order of their priority dates, and then present perfected rights are satisfied according to priority.
3. Some, but not all, forms of assigned water can no longer be created.
Creation of assigned water in Lake Mead through extraordinary conservation activities can no longer occur.
Creation of assigned water through importation of non-Colorado River system water and through certain tributary water into the Colorado River mainstem can continue to occur.
Creation of a special class of assigned water, called Developed Drought Supply, can continue to occur. Developed Drought Supply water can only be created during declared shortages and must be delivered in the same year it is created.
Rights to hold and deliver existing assigned water continue through 2036 for assigned water created through extraordinary conservation activities and through 2057 for assigned water used for Drought Contingency Plan contributions, and created through tributary water importation, non- Colorado River system water importation and Developed Drought Supply water.
Colorado River contract entitlement holders could theoretically continue to voluntarily leave water in Lake Mead as unassigned water, either compensated or not, but the expiration of the forbearance agreements means that another entity could simply order that same water for delivery.
Deliveries of Colorado River water to the Republic of Mexico are governed under a 1944 treaty and subsequent treaty minutes. Through various treaty minutes Mexico agreed to cuts to its deliveries under certain shortage conditions. These treaty minutes also allow Mexico to create assigned water in Lake Mead. The provisions regarding cuts to Mexican deliveries during shortage and the creation of Mexican assigned water expire at the end of 2026, though Mexico can continue to hold and request delivery of existing assigned water under generally the same terms and conditions that govern assigned water created by the Lower Division states through extraordinary conservation activities and used for Drought Contingency Plan contributions.
What Expiration of the 2007 Guidelines and the Forbearance Agreements Means for Arizona
Absent additional guidance from the Secretary or an agreement among the seven states that share the Colorado River, and assuming continued poor hydrology and runoff, water levels in Lakes Powell and Mead will continue to decline and Arizona can expect potentially very deep cuts to the Colorado River water imported into central Arizona via the Central Arizona Project. Eventually cuts could be deep enough to impact higher priority water users in Mohave, La Paz and Yuma Counties.
If less than 82,500,000 acre-feet of water is delivered to the Lower Division over any ten consecutive years, the United States and the Upper Division may have to contend with a legal demand from the Lower Division under Article 3.d of the Colorado Compact, which states that the Upper Division States โwill not cause the flow of the river at Lee Ferry to be depleted below an aggregate of 75,000,000 acre-feet for any period of ten consecutive years.โ The Lower Division asserts that the Upper Division is also responsible to deliver half of the obligation to Mexico, bringing the total ten-year obligation to 82,500,000 acre-feet. Under continued poor hydrology and runoff, it is likely that the ten-year consecutive total will fall below 82,500,000 in 2027. [ed. emphasis mine]
1ย If Lake Powell were drawn down too far while Lake Mead remained relatively full, the risk that deliveries at Lee Ferry would be depleted below an aggregate of 75,000,000 acre-feet over ten consecutive years would increase, which would put the Upper Division at risk of failing to meet Colorado Compact requirements. At the same time, keeping Lake Mead relatively full avoids deep water shortages in the Lower Division. A goal of equalization between the reservoirs balances these risks.
2 Though, holders of Priority 1-3 entitlements would likely contest the Secretaryโs authority to cut their deliveries while withholding assigned water from the priority system.
3ย If assigned water is chosen as the form of DCP contribution, it remains recoverable above elevation 1,110 until 2057.
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2024. Credit: Brad Udall
Hard times in the Colorado River region. A near-average snowpack dissipated into an inflow into Powell Reservoir of only 40 percent of average; dry soils in the headwaters and high deserts, and increased evaporation and plant transpiration in a warming world are taking big tolls. And the negotiators for the seven Basin states, trying to work out a river management plan to replace the failing current management strategies, with the 30 Indian nations and Mexico looking over their shoulders, are continuing toโฆ negotiate. Trumpโs Interior Department officials have given then until November to negotiate a draft plan for beyond 2026.
Projected Lake Powell end-of-month physical elevations from the latest 24-Month Study inflow scenarios.
Meanwhile the Bureau of Reclamation has issued its annual 24-month projection, and it has no good news. Its worst case scenario โ the one everyone looks at โ suggests that, barring a huge winter this year, Powell Reservoir might drop to the elevation at which it can no longer produce hydropower by late fall 2026 โ at which point it cannot even make large deliveries downstream, because all the water would then have to go through four antique tubes never meant to carry that much water 24/7. This could undermine the best-laid plans of the negotiators, should they achieve a plan, with no ability to move sufficient water past Glen Canyon Dam until the reservoir filled back up to the power level. No plans have been announced for creating a Glen Canyon Dam bypass.
All the news dribbling out of the negotiations indicate that the negotiators persist in carrying forward the Colorado River Compactโs division of the river into Upper and Lower Basins. Do they not see that this is no longer necessary, or even desirable โ nothing but a cause of conflict and contention?
When representatives from the seven Colorado River Basin states gathered in Washington in January 1922, six of the states knew what they wanted: they wanted a seven-way division of the consumptive use of the riverโs waters that would transcend on the interstate level the appropriation doctrine all seven states adhered to intrastate.
They wanted this because southern California, the seventh state, was growing so fast, and already using so much of the riverโs water, that the other six knew they would be losers in a seven-state horse race to appropriate the riverโs water. The representatives all accepted the first-come first-served appropriation law as holy writ within their states, but saw its limits when looking at the whole river and the regional challenge of uneven development.
California sat down with the other six states because at that point, the other six states held a big card: California needed a interstate river to control floods and โrationalizeโ the flow and distribution of the riverโs water, rather than watching an uncontrolled flood of snowmelt โwasteโ most of the water to the ocean. And California knew that Congress would provide for that big dam only if all seven states were sure they would have a share of the water, once the river was controlled. So California had to participate in setting long-term limits on itself in order to get what it needed in the short term.
But after several days of trying to work out that seven-way division, the compact negotiators gave up in frustration. Each negotiator had come with estimates of his stateโs future water needs based on potentially arable land, mining-generated industry, possible urban development. Not really knowing what the future would bring did not dim their estimates at the turn of the 20th century, with the imperial impetus to โcreate our own realityโ just kicking into high gear. But by the time the seven negotiators had laid out their statesโ envisioned water needs, the basin-wide total was half again even the Bureau of Reclamationโs rosiest estimates of Colorado River flows. And no one wanted to cut their estimates, go home to tell their governor and legislators heโd had to diminish the stateโs envisioned future by a quarter or so.
Several of the frustrated negotiators thought they should abandon the whole idea of an interstate compact, but the federal representative and chairman, Herbert Hoover โ himself an engineer eager to see the big dam built โ persuaded them to stay with the idea for the rest of the year. They convened for some hearings around the west in the summer, and had a tour of the proposed big dam sites. But then Hoover and Coloradoโs representative to the commission, Delph Carpenter, began circulating the idea of a two-basin division to break the impasse over the seven-way division, and Hoover was able to convene a November charrette to work until a compact was done.
Toward the end of an eleven-day marathon at a resort near Santa Fe, with 18 transcribed sessions and who knows how many informal barroom and hotel room caucuses, Chairman Hoover summarized their situation:
“We finally reached, in effect, this general conclusion as to the form of the compact, and that was that none of the figures and data in our possession, or within the possibility of possession at this time were sufficient upon which we could make an equitable division of the waters of the Colorado River [in perpetuity]โฆ.ย [W]e make now, for lack of a better word, a temporary equitable division, reserving a certain portion of the flow of the river to the hands of those men who may come after us, possessed of a far greater fund of information; that they can make a further division of the river at such a time, and in the meantime we shall take such means at this moment to protect the rights of either basin as will assure the continued development of the river. (Text from the 12thย of 18 transcribed November meetings, boldface added)“
That was the Colorado River Compact as seen in process by the commission chairman: โa temporary equitable divisionโ to be refined and finished when โa greater fund of informationโ about both the riverโs flows and the flow of the future was known. No one โ with the probable exception of Delph Carpenter โ was very happy with the Compact the commissioners took home to their states. Arizona refused to ratify it, and it took several years to get it through the other six state legislatures. But the U.S. Congress was actually somewhat eager to develop the river, making its desert lands available for development, and decided that six of the seven states on board was good enough. The Boulder Canyon Project Act was passed in 1928, and Hoover โ then President โ was able to launch construction of not just the huge Hoover Dam, but Parker Dam as the holding bay for the Metropolitan Water Districtโs 250-mile aqueduct, and the Imperial Dam and All-American Canal to carry water to the Imperial and Coachella Valleys โ a major regional development that really set a course for the 20thย century.
Enabling that, and what followed over the next four or five decades, did achieve the Compact goal to โsecure the expeditious agricultural and industrial development of the Colorado River Basin,โ probably the major goal stated in its preamble (Article I) for most of those involved. But a century later we can say pretty definitely that its โtemporary equitable divisionโ (still apparently regarded as permanent), has not achieved most of the other goals listed in the preamble. It did not โprovide for the equitable division and apportionment of the use of the waters,โ either in the division between Basins explicit in Article III(a) nor in the relationship between the two Basins stated in Article III(d); it obviously did not โpromote interstate comityโ; and the two-basin division did not โremove causes of present and future controversies.โ If anything, the Compact created controversies with badly written sections like Article III(c) on the Mexican obligation, and Article III(d) on interbasin โobligations.โ (If you would like to review the Compact, you can find it here.)
More to the point โ it is possible now to achieve what the 1922 commissioners originally wanted: an equitable seven-way division of the use of the river with a share for Mexico, which renders the two-basin โtemporary divisionโ irrelevant and burdensome.
The seven-way division has been effected, not through interstate negotiation but through the โcontinued development of the riverโ; today, the seven states and Mexico all know, practically to the acre-foot, what has evolved as their share of the river as we have known it โ the 14.6 million acre-foot average flow of the development period, the 1930s through the 1990s.
Allotments for the three Lower Basin states were set by the Boulder Canyon Project Act in 1929 as acre-foot portions of the Compact allotment of 7.5 maf, and confirmed by the Supreme Court in its 1963-4 Arizona v. California decision. Mexico received its share, 1.5 maf, in a 1944 treaty negotiated through the U.S. State Department. And the four Upper Basin states negotiated a compact for their share of the river in 1948 โ by then known to be a variable quantity, usually less than the Compactโs allotment of 7.5 maf, so they divided their fluctuating share by percentages.
Native America in the Colorado River Basin. Credit: USBR
The โfederal reserved rightsโ of the Basinโs 30 Indian nations โ barely given a โplaceholderโ in the Compact โ have been shoehorned in as state responsibilities through the 1952 โMcCarran Amendmentโ to a resource bill; this says that all federal reserved water rights, for all public lands as well as the Indian reservations, have to be adjudicated in the state water courts. The โequityโ of this is questionable; some states have only a few Indian nations; Arizona has 22 of them. Most of the Indian nations that have not already achieved some water rights are working on โsettlementsโ out of court, negotiating with those who have been using water for which the Indians had a prior claim (dating from the creation of their reservation) for water and money with which to develop the water they can get. The federal government puts up much of the money for the development of Indian water rights; there is still a long way to go in correcting this long-standing dereliction and shame, but there has been more activity in the past couple decades than in the previous century.
The point being โ nearly everyone knows with some accuracy how much water they have had to use from the Colorado River โ in the 20th century. Hardly anyone is happy with the resulting numbers, but we also all know that this is all the water there is โ or was, in the 20th century. The river has been divided among the states and nations, de facto, if not yet de jure.
The structural deficit refers to the consumption by Lower Basin states of more water than enters Lake Mead each year. The deficit, which includes losses from evaporation, is estimated at 1.2 million acre-feet a year. (Image: Central Arizona Project circa 2019)
The alarming draw-down of the riverโs major reservoirs in the early 21stcentury to date has been only partially caused by the โdroughtโ and permanent climate-related aridification. The bulk of the draw-down has been a โstructural deficitโ stemming from the Lower Basin statesโ blithe refusal to incorporate their โsystem lossesโ โ evaporation and transpiration, riparian losses, etc โ and their portion of the Mexican share into their allotments, preferring to let the amenable Bureau release them as โsurplusโ from Powell and Mead storage โ a surplus that has not existed since the Central Arizona Project began to come on line after 1985, along with increased Upper Basin uses (still well below its โCompact allotmentโ). The Compact failed to include system loss provisions โ probably around 12-14 percent of the water that flows from the headwaters snowpack.
The good news there is that, in the planning for river management beyond 2026, the Lower Basin states have agreed to absorb the โstructural deficitโ and their share of the Mexican obligation into their river shares. The Upper Basin users have already absorbed their system losses by the time the Bureau moves Lower Basin water out of Powell.
It is not rocket science to lay out the seven-states-plus-Mexico division of the waters in a chart, a feat impossible in 1922, but largely accomplished de facto by the Compactโs century mark โ a chart without any reference to the โtemporary equitable divisionโ into two basins. If we were to eliminate the two-basin division form our future management plans, we would unload quite a lot of unnecessary baggage. We would be much closer to thinking of the Colorado again as one river, with one set of challenges for everyone, rather than this โCold Warโ between Upper and Lower.
The big challenge comes in trying to fit that division of the 14.6 maf river of 1930-2000 into the river we have today โ ~12.5 maf, and dropping incrementally but steadily.
If we lived in a fair, just and moral universe, resolution of management guidelines for the future of the one river would just be a matter of applying basic high school math: if a stateโs allotment (including a proportionate share of system losses) of a 14.6 maf river is X maf, what will be that stateโs new allotment if the riverโs volume drops to 12.5 maf? Or to 11.5 maf by 2050? Easy: you just convert the stateโs allotment to a percentage of the 14.6 maf river, and multiply those percentages by 12.5 maf, or whatever the flow has dropped too. Do that for all users and, presto, thereโs everyoneโs new 21st-century allotment, learn how to live with it โ
Wups. Uh-oh. One can already hear the โharrumphingโ firing up in the Imperial Valley: what about our senior water rights?! If you say we have to take the same cuts as everyone else, weโll see you in court!
The Interior Departmentโs current acting assistant secretary for water and science, Scott Cameron, actually spoke to that eventuality or probability in a meeting of water mavens in Arizona: โHaving senior water rights is a wonderful thing, but having senior water rights does not give you a free pass to ignore whatโs happening in the greater community.โ
Whatโs happening in the greater community is diminishing flows for everyone due to a warming, drying climate that is everyoneโs and no oneโs fault โ a problem of a different order of magnitude from the issues the senior-junior appropriation doctrine developed to resolve. If Asst. Secretary Cameronโs perception (unusually perceptive from an official in the Trump administration) were to prevail as federal policy, it might facilitate a serious discussion in the arid West about how far and how high a body of law should be applied, that originated for working out squabbles between neighbors โ with โfirst-come first-servedโ the one-size-fits-all resolution. A resolution that is usually transcended locally in dry times with โgentlemenโs agreementsโ to share the pain between neighbors who have also become friends.
Members of the Colorado River Commission, in Santa Fe in 1922, after signing the Colorado River Compact. From left, W. S. Norviel (Arizona), Delph E. Carpenter (Colorado), Herbert Hoover (Secretary of Commerce and Chairman of Commission), R. E. Caldwell (Utah), Clarence C. Stetson (Executive Secretary of Commission), Stephen B. Davis, Jr. (New Mexico), Frank C. Emerson (Wyoming), W. F. McClure (California), and James G. Scrugham (Nevada)
CREDIT: COLORADO STATE UNIVERSITY WATER RESOURCES ARCHIVE via Aspen Journalism
The westerners who convened for the 1922 compact commission wanted to suspend at the interstate level the appropriation doctrine they all adhered at home, for good reasons involving the uneven pace of regional development. We are now confronting a reduced volume of water for everyone, caused by a changing climate that is no oneโs and everyoneโs fault. Is this not a problem on a scale with the problem that convened a Compact commission a century ago to suspend โ or more accurately, maybe, transcend โ the appropriation doctrine at the interstate level?
Well โ we keep getting news every day about the fairness, justice and morality of our small sector of the universe. Pray for rain; itโs more likely.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
Colorado River “Beginnings”. Photo: Brent Gardner-Smith/Aspen Journalism
Click the link to read the article on the AZCentral.com website (Kate Gallego, Chad Franke, Tom Kiernan and Manuel Heart). Here’s an excerpt:
August 25, 2025
Key Points
The Colorado River, a vital resource for millions, has reached a critical tipping point, thanks to drought and overuse.
The river needs urgent, collaborative action and flexible solutions for long-term water security.
Failure to reach agreements risks costly litigation and uncertain outcomes.
Reservoirs like Lakes Mead and Powell are again approaching record lows, and every water user is being affected…Against this backdrop, we urgently need unified action. We must proactively adjust our plans given the Colorado Riverโs changing water supply. We must confront the crisis with urgency and collaboration to build a workable water future for the broad network of Colorado River interests.ย To succeed, comprehensive, forward-looking solutions must replace the current crisis-to-crisis management approach…
Solutions must be rooted in flexibility, innovation and cooperation โ and acknowledge both the urgency of todayโs water supply shortages and the need for long-term water reliability and resilience.ย Doing so will require the immediate development of durable agreements โ not just between Upper and Lower Basin states, but also among the states, U.S. and tribes, and between the U.S. and Mexico โ that re-balance water demands with the riverโs shrinking supply…Creating comprehensive, forward-looking solutions also requires immediate engagement with tribes, water users and other stakeholders. Their input is needed to tailor flexible strategies that meet the needs of different water users across various basin geographies, including the mountain headwaters, the Colorado Plateau and the desert Southwest…Without such tools and agreements, the Colorado Riverโs future will be decided by the courts following litigation that inevitably breeds a failure of dialogue, delays progress and leads to costly, drawn-out battles. At the end of that road lies a loss of local control as well as uncertain and harmful outcomes to water users throughout the basin.
Glen Canyon Dam May 2022. Photo credit: Allen Best/Big Pivots
Click the link to read the article on the Big Pivots website (Allen Best):
August 18, 2025
The words โurgencyโ and โimmediate actionโ were used by Trump administration officials on Aug. 15 in releasing the U.S. Bureau of Reclamation 24-month study for the Colorado River Basin.
The study sees a high probability of water levels of Lake Powell falling to within 48 feet of the minimum power pool by January. That elevation, 3,490 feet above sea level, is the reservoirโs lowest level at which hydroelectricity can be produced. That has not happened since soon after Powell began filling after completion of Glen Canyon Dam in 1966.
โThis underscores the importance of immediate action to secure the future of the Colorado River,โ said David Palumbo, acting commissioner for the agency.
Scott Cameron, the acting assistant secretary for water and science in the Department of Interior, had similar words of warning to the seven states that share use of the river.
โAs the basin prepares for the transition to post-2026 operating guidelines, the urgency for the seven Colorado River Basin states to reach a consensus agreement has never been clearer,โ said Cameron. โWe cannot afford to delay.โ
The announcement cited โunprecedented droughtโ but made no mention of climate change. This seems to be a theme. [ed. emphasis mine]
Cameron, at the Getches-Wilkinson Centerโs annual water seminar in Boulder during June, talked for 24 minutes without once mentioning climate change. He even answered a question about climate change without using the phrase. He did seem to acknowledge it, saying that in the โreal worldโ there is less water than before, โand that is probably not going to change a whole bunch.โ
Might the situation be even worse than what Bureau of Reclamation has projected will be most likely?
A bias of optimism
On Aug. 14, a day before the bureauโs release of the 24-month study, John Fleck and others posted an analysis on Fleckโs Inkstain that warned the study would likely be overly optimistic.
The problem, explained Fleck and his co-authors, is that the โassumptions underlying the study do not fully capture the climate-change driven aridification of the Colorado River Basin.โ
The precipitation received from October through July in the Colorado River Basin fits in with a theme that is best understood when coupled with rising temperatures, which produces greater evaporation and transpiration. Image/Western Water Assessment
The bureau uses a 30-year average in predicting what lies ahead. However, using the hydrology of the Colorado River Basin since the 1990s no longer provides the same usefulness in predicting what lies ahead during the next 24 months. The climate is changing too fast.
In that paper, Milley and his co-authors argued that human-induced climate changes were altering the means and extremes of precipitation, evapotranspiration, and the rates of runoff in rivers. As such, they contended, using the old models to guide water management no longer worked as well.
In their posting at Inkstain, Fleck and his coauthors โ Anne Castle, Erick Kuhn, Jack Schmidt, Kathryn Sorensen and Katherine Tara โ noted that the Bureau of Reclamationโs 24-month study a year ago found that the โmost probableโ level for Powell would be 3,593 at the end of July 2025.
It was 38 feet lower than the projection. It had been another so-so or worse winter and then an early, warm spring.
This, they said, illustrated the bias toward optimism in the models used by the agency. That bias had been detailed in a 2022 study of past projections by a team led by Jian Wang of the Utah State Center for Colorado River Studies.
โMost probableโ in the Bureau of Reclamation projections occupied a band of 80% likelihood. The bureau also issues maximum and minimum probable scenarios.
Fleck and his team contend that the bureauโs โminimum probable scenario has become the most valuable in providing a reliable indicator of the futureโ for Colorado River flows.
This past winter was mediocre, near average snowfall in some basins but among the worst in the San Juans. Spring was warm or more in many places, and rains in July were almost entirely absent.
The preliminary estimated inflow into Powell for April through July was 41% of the average from 1991 through 2020, according to the bureauโs most-probable study. During July, runoff slipped to 12% of that 30-year average.
Might fortunes soon be reversed? Not likely in months ahead, said Fleck and his team. They noted this summerโs weak monsoon for most of the upper basin coupled with the seasonal outlook by the National Oceanic and Atmospheric Administration. Together, they point to a warmer and drier than average fall.
โItโs a good bet that this trend will continue at least through winter,โ they wrote.
As it stands, levels in Lake Mead, downstream from Powell, will necessitate cuts in the lower-basin as required by several agreements reached between 2007 and 2019. Arizona is to see an 18% cut and Nevada a 7% cut in their annual apportionments. Mexico is to get 5% less than its annual allotment. In acre-feet, thatโs 412,000 for Arizona, 21,000 for Nevada, and 80,000 for Mexico.
A new agreement
The big story continues to be what agreements the seven basin states can achieve in recognition of the inadequacy of past agreements given reduced flows.
Drought as conventionally understood is part of the story, but only a part. A 2017 study by Jonathan Overpeck and Brad Udall, โThe 21st Century Hot Drought and Implications for the Future,โconcluded that between a third and a half of reduced flows in the Colorado from 2000 to 2014 could be attributed to the rising greenhouse gas emissions. They spoke about โmegadrought,โ a word now common in Colorado River discussions, as is โaridification.โ
This year has brought more studies that strengthen the evidence. Included is a study published just last week in Nature, that identifies new ways that the warming climate has altered the hydrology of Colorado and other southwestern states. See: โWhy rain and snow skip the Southwest.โ
In 2018, an agreement among the states was reached regarding how to deal with drought. It was universally recognized as an interim agreement, with a final agreement to be reached in advance of a 2026 deadline. That deadline is now close at hand.
That impending deadline was alluded to in the comments of the federal officials.
โHealth of the Colorado River system and the livelihoods that depend on it are relying on our ability to collaborate effectively and craft forward-thinking solutions that prioritize conservation, efficiency, and resilience,โ said Cameron, Interiorโs undersecretary, in the Aug. 15 announcement.
In June, Cameron had called on the Colorado River Basin states to submit details of a preliminary operations agreement by mid-November and share a final seven-state proposal by mid-February 2026. The plan would be to reach a final decision in the summer of 2026 with implementation beginning in October 2026.
Non-government organizations issued statements also calling for the states to figure out a way forward.
โThis is not just a crisis. Itโs also a call to action to use remaining time wisely to replace our current, reactive, emergency-based management framework with new, long-term solutions,โ said John Berggren, the regional policy manager for Western Resource Advocates. โWe canโt litigate our way out โ we must collaborate forward.โ
For many months, all reports suggested that the four-upper basin states โ who speak with one voice in these negotiations โ and the three lower-basin states remained far apart. A story on June 27 in the Las Vegas Review Journal described the meetings as โtenseโ and โdeadlocked.โ
Wyoming, Utah and New Mexico along with Colorado constitute the upper basin. Arizona, Nevada and California make up the lower basin.
Becky Mitchell, Coloradoโs representative in the negotiations, told a forum in Silverthorne covered by Big Pivots in May that hydrologic risk must be shared between the upper basin and the lower-basin states.
The Blue River flowing through Silverthorne just below Dillon Dam in May 2025. Photo/Allen Best
This sore spot has long festered. The Colorado River Compact of 1922 specified that the upper basin states โwill not cause the flow of the river at Lee Ferry to be depletedโ below an aggregate of 75 million acre-feet for any 10 consecutive years. The location is between Glen Canyon and the Grand Canyon.
But what if the river fails to deliver that much water? Upper basin states have delivered that volume so far, but thatโs mostly because Wyoming, in particular, has not developed what was expected 100 yeas ago.
Those who had originally gathered in Santa Fe in 1922 to negotiate the compact had understood drought, but only as a temporary thing. They had no extensive long-term perspective โ and chose to ignore what evidence was at hand, according to a 2019 book by Fleck and Kuhn, โScience be Dammed: How Ignoring Inconvenient Science Drained the Colorado River.โ
Coloradoโs beef and that of other upper-basin states has been that the two big dams on the river provided certainty for the lower-basin states to get water. However, the headwaters states have no certainty. They must live with what Mother Nature provides. They have balked at cutting water use to provide certainty for downstream states. They want the risk shared.
Natural flow proposal
In June came the first public word of what may have been a breakthrough. It is called the โnatural flow proposal.โ As explained by Tom Buschatzke, the director of Arizona Water Resources, to the Arizona Republic in a story on June 18, the idea is to focus less on who gets what and more on what the river can realistically provide.
โWe do have to recognize what the hydrologic risks are to us,โ he said after presenting the idea to a committee,โ and we have to kind of find an equitable way to share those risks.โ
That idea being discussed would employ a rolling three-year average of the natural flow of the river. Natural would be defined as the volume if there were no diversions and impoundments.
Buschatzke โ a frequent visitor at the Colorado River forum sponsored by the University of Coloradoโs Getches-Wilkinson Center each June โ pointed out that the goal would be to spread the pain equitably, not equally. The lower basin would need more water than the upper basin, which has still to develop all the water allocated it in the 1922 compact.
โIt is not 50-50,โ he told represents at the June 17 meeting. โI wonโt try to speculate on what the number might be.โ
California uses the most water of any state in the Colorado River Basin, partly for its cities along the Pacific Coast but a substantial amount for agriculture in the Imperial Valley. Photo December 2015/Allen Best
A few weeks later, John Entsminger, Nevadaโs representative in interstate talks, similarly was vague about details. โItโs not something where I can tell you what the score is in the third inning: the baseball game is still being played,โ he told the Las Vegas Review-Journal. Details remain sparse, he added.
โEverybodyโs pretty much accepted that weโve got to come up with a new formula for dividing the river,โ Mark Squillace, an environmental law professor at the University of Colorado, Boulder, told the Las Vegas newspaper. โThe devilโs in the details about getting the numbers right.โ
According to the best information that Big Pivots was able to obtain, there is still no agreement about what the percentage should be, although it is not 50-50.
Mitchell, Coloradoโs representative on the Upper Colorado River Commission (and its acting chair), told the Review-Journal that the 2007 guidelines that provide the management map of the riverโs operations โare not ustainable, because the water is just not there. Itโs not in storage, and itโs not in the river.โ
For a late-June story in Politicoโs E&E, Mitchell described the natural flows idea as a math problem. โThe concept under discussion is that Powell would release a certain percentage of volume of the average of the last few years of natural flows, as measured at Lee Ferry,โ she said.
E&E described a more complex challenge.
โThe theory โ the premise of sharing the river based on how much water would travel downstream without dams or diversions or other human interventions โ is actually a complex mathematical problem, rife with potential pitfalls and technical issues.โ
This idea of basing releases from Lake Powell likely would take several years to implement. As such, it would not immediately impact levels in the reservoir.
As for the minimum power pool at Powell, thatโs the level at which hydroelectricity can no longer be generated. Some 16 municipal and cooperative electrical utilities in Colorado get power from the dam. Those amounts tend to be smaller, about 5% or less, although important if the utilities are stretching to achieve decarbonization goals.
The greatest value of Glen Canyon is that if the Western grid has a blackout, the grid can be restarted with hydropower from the dam.
And too, the role of Congress
As administrator of the two big dams in the basin and several smaller ones, the federal government must figure out how to manage them consistently with the agreements among the states. It is also the formal administrator among the lower-basin states.
At the conference in Boulder, Cameron clearly said the federal government wants the states to figure out the solution. However, he also said that if the states cannot come to agreement, the federal government, as the administrator of the infrastructure, has authority to set policy, too.
And finally, he mentioned that the whole package may need to go to Congress, as was the case with the Colorado River Compact. It was approved in 1929. (Arizona had refused to endorse the compact until much later).
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
The Bureau of Reclamation recently released its August 24-month study of the Colorado River, its projected water supplies, and the effect on reservoir levels and water cutbacks. Itโs a doozy that, according to the Bureau, reaffirms the โimpacts of unprecedented drought,โ and necessitates continued water-use reductions for Arizona, Nevada, and Mexico.
Thing is, it may actually be even worse than the feds predict.
Hereโs the chart for Lake Powell, showing reservoir levels for July, and projected levels for the maximum, minimum, and most probable inflow scenarios. Check it out:
Projected Lake Powell end-of-month physical elevations from the latest 24-Month Study inflow scenarios.
A couple of details struck me right off the bat. The first is that in order for the maximum scenario to come to fruition, there would have to be a big surge of flow in the Colorado River upstream from Lake Powell in October, November, and December (see how the blue line departs from the others in October?), followed by a massively snowy winter. Itโs possible, but seems pretty unlikely, given that inflows and water levels almost always drop in the fall and winter.
The second is that even in the minimum flow scenario, they are predicting that next yearโs spring runoff will increase lake levels by about eight feet, whereas this year the runoff only boosted the level by four feet. So even the worst case scenario is better than the most recent reality. For the most probable scenario to work out, meanwhile, this coming winter would have to be far snowier than this past one โ possible, but I wouldnโt bank on it.
Now, I donโt really know what Iโm talking about here. But John Fleck, Anne Castle, Eric Kuhn, et al, most certainly do. And they wrote a piece warning that the Bureau of Reclamationโs forecasts historically tend toward the optimistic. โWhatever you see in Reclamationโs report of the โMost Probableโ reservoir levels for the next two years,โ they write on Fleckโs Inkstain blog, โwe must prepare for things to be much worse.โ
They remind readers that last year, Reclamation predicted Lake Powell would most probably be up to 3,593 feet above sea level by the end of this July. In fact, it was at 3,555 feet (and has dropped another four feet since then). So, yeah, Rec was way the heck off, and it certainly wasnโt the first time. Fleck and company say this is because the study does not โfully capture the climate-change driven aridification of the Colorado River Basin.โ
This all matters because Reclamation bases water deliveries and cuts on these studies. And if they have an โoptimistic bias,โ then it could affect planning, and may lead to Lake Powellโs levels dropping far faster than predicted, which could in turn lead to another โChallenge at Glen Canyonโ a la 1983, albeit due to too little water rather than too much.
It has once again prompted the Utah Rivers Council, Glen Canyon Institute, and Save the Colorado to call for the feds to overhaul the river outlet tubes and provide a bypass outlet for Glen Canyon Dam that will allow water to be released safely when levels drop below the minimum power pool.
The back of Glen Canyon Dam circa 1964, not long after the reservoir had begun filling up. Here the water level is above dead pool, meaning water can be released via the river outlets, but it is below minimum power pool, so water cannot yet enter the penstocks to generate electricity. Bureau of Reclamation photo. Annotations: Jonathan P. Thompson
Thunderheads at sunset over the Four Corners Country. Jonathan P. Thompson photo.
It always began with a hot summerโs day in late July or early August. The sun beating down from a cloudless noontime sky, the high growl of lawnmowers harmonizing in the distance, the pungent smell of freshly cut grass. Stillness. Maybe a bit of loneliness, too, as the other neighborhood kids are off at their other parentโs house, or at summer camp, or whatever. Maybe my brother will take me fishing with him. Put the worm on the hook, toss it into the murky pool upstream from the bridge, grow impatient and decide to catch the little bullheads instead. Mottled sculpin, actually. The riverโs low this time of year, low enough to drag an old log in and ride it downstream for a bit till it bucks us off and we scramble to stand up on the slippery rocks in the current, and thatโs when we notice the sun is not so bright and look up to see towering thunderheads all billowy above Smelter Mountain and the breeze kicks up prickly sand and throws it at us and suddenly itโs not hot anymore and itโs time to get home before the rain and the lightning, even though our jeans and shirts and TG&Y sneakers are soaking wet already.
We jog through the park and up the hill and another block to the house and I stay out in the yard to await the storm. The wind bends the big maple and elm and ash trees, threatens to tear another branch off the old apricot, rushes through my hair. The sky, now, is dark grey, almost cobalt blue. A flash of lightning โฆ one-one-thousand, two-one-thousand, three โ- boom! Itโs getting close. And then the first drop of rain hits my outstretched hand, big and cold, and I run onto the porch to revel in the petrichor and the tempest to come.
Butte and monsoon sky, Southeastern Utah. Jonathan P. Thompson photo.
It is the monsoon season in the Southwest, which, once upon a time, meant that a violent thunderstorm would arrive every afternoon, bringing huge amounts of precipitation in a short period of time, perhaps in the form of hail or sleet, leading to gully busters and flash floods and overflowing gutters and a spike in the riverโs flow. Then the clouds would move on, the sun would return for the last hour or two of the day, and steam would rise from the pavement, giving the arid town a glimpse of sultriness.
It has always been my favorite time of year, especially in Durango and the Animas Valley. Thereโs just something about the combination of colors: The slate-blue sky against the desert-varnish-striped Entrada sandstone against the deep red Cutler and Chinle formation against the emerald green of irrigated hayfields. And the weird patterns the storms follow as they move through the valley. Downtown can be deluged, while just north or south of town stays bone dry.
Horses, sky, Ute Mountain. Jonathan P. Thompson photo.
But then, each part of the West is special during the monsoon: The mountains are downright frightening, especially when youโre rushing to summit a peak before the storm and you look over to see your companionโs hair standing on end. Canyon Country can be a blast, so long as youโre in an elevated area where you can watch the water spill off sandstone cliffs and race through sandy arroyos and you donโt have to drive back across that arroyo to get to work or something. And down in Tucson and Phoenix it often provides extra excitement in the form of dust clouds, then crazy lightning and thunder displays, followed by torrents that provide a bit of relief from the searing heat.
This year, however, the monsoon has so far failed to arrive. In fact, over the last decade or so, it seems to have been far less reliable generally than it was in my youth. Memory, however, is fallible, especially when it comes to recalling weather patterns from the distant and even not so distant past. So I checked the records, and they verify that Iโm not totally fabricating things here.
Durangoโs online records only go back to 2000, so they donโt do me much good. Instead, I relied on Mesa Verde National Park, which has records back to the 1920s (but tends to be drier than Durango). Based on a random sampling from each decade, it would appear that the monsoon nearly always delivers in parts of July and August, with normal monthly precipitation totals of 1.4โ and 2.05โ respectively. However, my memory of nearly daily storms was off: Even way back when I was a kid, it only rained every three days or so, sometimes less often. Meanwhile, the more recent past hasnโt been quite as bad as I thought. The July-August precipitation totals were below normal for six of the last ten years, and above normal during the other four. Not great, but not catastrophic.
Still, August is more than halfway over and the two month total so far is only .27โ of precipitation, all of which fell in July.
Dark sky, road, ball. Jonathan P. Thompson photo.
***
The result, naturally, is lower-than-normal streamflows (which were already down due to the lack of snow last winter and above-normal temperatures). This isnโt only bad for us terrestrial water users, but also harms fish and other aquatic life, especially when accompanied by high water temperatures. The Yampa River in northwestern Colorado, for example, is running at just 56 cubic feet per second at the USGSโs Deerlodge Park gauge, which is not good. But more concerning is that the water temperature has been shooting up to 81ยฐ F during the day. Trout start to struggle at around 70ยฐ.
๐ซฃ Correction ๐
Remember the Monkeywrenching essay I wrote last week? I have been informed by a very reliable source, eyewitness, and possible accomplice โ who will remain anonymous, of course โ that I was wrong about my father and companions burning a single billboard near Silverton. Hereโs how it really unfolded:
The Colorado River flows near Parker, Arizona on August 5, 2025. The Colorado River Indian Tribes want to give the river the same legal rights as a person, taking millennia of cultural values and putting them into law. Alex Hager/KUNC
Click the link to read the article on the KUNC website (Alex Hager):
August 20, 2025
This story is part of ongoing coverage of water in the West, produced by KUNC in Colorado and supported by the Walton Family Foundation. KUNC is solely responsible for its editorial coverage.
In far western Arizona, the dusty beige expanse of desert stretches as far as the eye can see. Under the baking summer sun, which regularly pushes temperatures above 110 degrees in the summer, even scrubby desert bushes can struggle to survive.
But in the middle of that desert, the Colorado River creates a striking strip of green.
The river winds through the valleys and deserts of the Southwest, carrying Rocky Mountain snowmelt hundreds of miles away, giving life to places like Parker, Arizona. Itโs home to the Colorado River Indian Tribes โ one of 30 federally recognized tribes in the Colorado River Basin, but one of the few whose land includes a stretch of the river itself.
โIt’s our lifeblood,โ said Dillon Esquerra, a member of the tribe who serves as its water resources director. โIt’s who we are. It’s part of our identity.โ
People in this community have deep cultural ties to the river that go back millennia. Many of those people, Esquerra said, have a close personal relationship with its life-giving water.
โWe look at it as something that nurtures us,โ he said, โSo we have to protect it.โ
Dillon Esquerra, water resources director for the Colorado River Indian Tribes, poses in the ‘Ahakhav Tribal Preserve near Parker, Arizona on August 6, 2025. โ[The Colorado River] is our lifeblood,โ he said. โIt’s who we are. It’s part of our identity.โ Alex Hager /KUNC
Now, the Colorado River Indian Tribes, often referred to as CRIT, is trying to take those long-held cultural ideas and put them into law. They are planning to establish legal personhood status for the Colorado River, giving it some of the same rights and protections a human could hold in court. No government, tribal or otherwise, has given these kinds of rights to the Colorado River before.
The effort comes at a critical juncture in the riverโs future. Climate change means thereโs less water in the river each year, and steady demand from cities and farms is stretching that supply thin. The regionโs indigenous people have largely been shut outfrom decisions about its management, despite a long history of using โ and living alongside โ the river long before it was divided and allocated according to the laws of white settlers.
CRIT, in essence, is trying to work within those laws to get some representation for a river that it sees as a living, beleaguered individual.
People along the river
The people of CRIT are river people. Itโs in their name. The traditional name of the Mohave, Hamakhav, means โpeople along the river.โ
CRIT itself is a relatively modern construct, a reservation established by the U.S. government that puts four different ethnic groups under the umbrella of one tribal government. The tribeโs current reservation lands were originally occupied by the Mohave people, then the Chemehuevi. In the 1940s and 1950s, Hopi and Navajo people were relocated to the reservation from further north.
What many of those people share, especially those who grew up on CRITโs riverside reservation, is a deep reverence for the Colorado River.
The Colorado River flows into Parker, Arizona on August 5, 2025. The river holds deep cultural importance to the people of the Colorado River Indian Tribes. “We’re supposed to be the stewards of these gifts from our creator,” said Anisa Patch, a tribal council member. Alex Hager/KUNC
In our culture, the river is precious,โ said Anisa Patch, a member of the CRIT tribal council who is among those pushing for legal personhood status. โWe’re supposed to be the stewards of these gifts from our creator. That’s what was taught to us by my grandmother, our aunts, our other relatives. It’s in the stories.โ
Patch explained that personhood is a way to take those deeply-held cultural and spiritual values and put them into a lasting, enforceable code โ one that will stay in writing across generations and changes in political leadership.
โWe want to have a stake in the ground to stand firm on,โ she said. โTo say that you have to recognize this is something not just personal to us, but something of cultural significance, something of significance to life itself for a lot of people.โ
A river at a crossroads
CRITโs decision to declare personhood status for the Colorado River is a timely one.
The river is used by nearly 40 million people and a massive agriculture industry across seven states. That includes major cities like Denver and Los Angeles, as well as farms that send produce to grocery shelves across the nation. It has been cut and divided and redirected in ways that exemplify humanityโs attempts to defy the design of nature. The Colorado River is stored in reservoirs that represent historic feats of engineering. Its water is pumped hundreds of miles through tunnels and canals that carve through deserts and mountains.
With the river portioned out by a complicated web of physical and legal infrastructure, CRITโs leadership worries that there isnโt much water left for the river itself, nor the plants and animals that rely on it.
โWe’ve taken, we’ve taken, we’ve taken, we’ve taken from this river,โ said Amelia Flores, CRITโs chairwoman. โWe’re not giving back. We’re not being reciprocal and giving back.โ
The sun rises over a boat dock on the Colorado River near Parker, Arizona on August 6, 2025. Boaters visiting the Colorado River Indian Tribe’s land and riverside casino resort provide an economic benefit to the community. Alex Hager/KUNC
Right now, the Colorado River is at a crossroads. Policymakers are negotiating a new plan to share its water after the current rules expire in 2026, and they are facing calls to implement painful, permanent cuts to some areasโ water supplies.
A Supreme Court decree, Arizona v. California, recognized CRIT as having the most senior water rights on the lower Colorado River, and among the most senior in the entire basin. That means CRIT has some of the most legally untouchable water rights along the lower half of the Colorado River, making the tribe the last to face cutbacks in times of shortage.
Longstanding legal precedent means the fast-growing Phoenix area would likely be the first to face cutbacks. As that possibility settles in, cities and municipalities in the nationโs 10th-largest metro area are knocking on CRITโs door, looking to lease some of the tribeโs water. The tribeโs land is about 130 miles west of Phoenix, straddling the Arizona-California border.
Tribal leaders said the new legal protections would serve two purposes: a symbolic one and a practical one. The first is about sending a message.
As those Phoenix-area cities come to do business with CRIT, those legal protections would force outside governments and water agencies to sign deals acknowledging the nuanced importance of the river.
โIt’s not just going to be an economic transaction,โ said John Bezdek, a water attorney employed by the tribe. โIt’s going to be one that talks about the river, the needs of the community and how those are intertwined.โ
Colorado River water flows through La Paz County, Arizona on August 6, 2025. The Central Arizona Project canal carries water from near the Colorado River Indian Tribes reservation to Phoenix and Tucson. Cities in the Phoenix area may look to the tribe in search of more water amid the threat of mandatory cutbacks to their existing Colorado River supplies. Alex Hager/KUNC
The second purpose, Bezdek said, is more practical.
Tribal council members are considering setting up a fund for the river, and anybody leasing water from the tribe would have to pay into it in order to do business. That money could be used for habitat restoration along the river, like improving wetlands, setting up ponds for migrating birds or expanding a nature preserve on the reservation. It could also boost tribal membersโ access to the river by funding new parks or designated swimming areas.
The money could also be used to teach tribal youth about the importance of the Colorado River.
โWe want to keep that essence alive as much as we can,โ Flores said. โAnd if the essence is in this Western way of thinking, then so be it, because the next generation coming up may not have that cultural tie, that religious tie to the river.โ
Beyond the Colorado River
While legal personhood for the Colorado River would be new, the idea of giving rights to an element of nature has been around for a while.
CRITโs effort is part of the โrights of natureโ movement, which has seen tribal and non-tribal governments around the world try to establish protections for the waters, lands and plants that are important to them.
Flores said the idea for Colorado River personhood came from a series of trips to New Zealand, where she canoed the Whanganui River with the indigenous Mฤori people. They achieved legal personhood for the river in 2017 after one of New Zealandโs longest-running court cases.
Cases like the Whanganui, and a handful of similar legal efforts in the United States, can provide some insights on what might happen with this historic rights of nature declaration on the Colorado River.
Amelia Flores, chairwoman of the Colorado River Indian Tribes, poses near the tribe’s government offices on August 6, 2025. Tribal leaders view legal personhood as a way to put their cultural values and reciprocal relationship with the river into law. Alex Hager/KUNC
Erin OโDonnell, a senior lecturer at the University of Melbourne in Australia, researches water law with a focus on the global rights of nature movement. OโDonnell said those rights can be a โpowerful transformative process to shift human relationships with rivers,โ but also a โsword that can cut both waysโ by inciting legal backlash, especially in the U.S.
OโDonnell cited a 2019 case in which the city of Toledo, Ohio, established a โbill of rightsโ for Lake Erie, and was promptly sued by a farming corporation. Not long after, the bill of rights was struck down in court for being โunconstitutionally vague.โ
โWe have seen significant backlash in the United States,โ OโDonnell said. โA real rejection of the idea that nature should have rights, and a kind of fear-based reaction that says, โI’m going to sue to dismantle these rights and make them invalid before they can be weaponized against me.โโ
OโDonnell said that tribal rights of nature declarations are often perceived differently, though, because they are focused on humansโ relationship with nature, not just legal rights. In cases like CRITโs, she said, granting legal personhood to a river can start to change the way that people outside the river think about its water and health.
โThe most successful examples of rights of nature around the world have been the ones that are indigenous led,โ OโDonnell said. โThey tend to be the ones that get less backlash. Not necessarily no backlash, but certainly a lot less.โ
New Zealandโs Whanganui River, which directly inspired CRITโs legal push, OโDonnell said, is โan outstanding example of almost no backlash.โ
Cars exit the Colorado River Indian Tribes reservation on August 5, 2025. Tribal leaders said they would use legal personhood rights to fund habitat improvements along the river and education programs for the community’s youth. Alex Hager/KUNC
The biggest questions about how CRITโs declaration will play out have to do with how the riverโs new rights will be deployed in court.
The Colorado River will only have legal personhood under CRIT tribal law, which only applies to the water that it has the legal right to use and lease.
So, if a faraway water user, outside of tribal land, does something to the river that impacts the stretch running through CRITโs land, can they be sued? OโDonnell said that it depends a lot on how the new law is written.
Bezdek said CRIT does not plan to use legal personhood status to go after a person or entity that is harming the river outside of tribal lands, which would fall outside of tribal law.
But, OโDonnell said, creating legal personhood for the Colorado River could leave the door open to lawsuits. Another case in the U.S. gives us clues about how that might play out.
In 2018, the White Earth Band of Ojibwe in Minnesota recognized the rights of manoomin, or wild rice. Courts have mostly interpreted those protections narrowly and havenโt held faraway entities liable for harm to the water rice needs to grow. That example, OโDonnell said, shows it would be difficult for similar cases on the Colorado River to succeed.
New tools for an uncertain future
How CRITโs plans will shape the broader debate over the future of the Colorado River remains to be seen. Tribes have largely been excluded from negotiations about sharing its water. Many of them have directly called for greater inclusion in todayโs talks. For the most part, tribes still do not have a formal role in the state and federal discussions that will shape the riverโs next chapter.
A personhood declaration may not directly change that, but one tribal law expert says itโs worth trying anyway.
โWe have to recognize that what has happened to date hasn’t really worked, but the river is still in decline,โ said Heather Tanana, a member of the Navajo Nation and a law professor at the University of Denver. โWe’re still over-allocating and over-using, so turning to new ideas, new tools, definitely should be explored, and rights of nature is one of those.โ
Tanana said rights of nature can change the way people think about the natural world at a time when the Colorado River faces complicated, unprecedented challenges.
d Dillon Esquerra, water resources director for the Colorado River Indian Tribes, watches water flow into an irrigation canal near Parker, Arizona on August 6, 2025. “โAs far I’m concerned,โ he said, โWe’ve always looked at the river as a person.โ Alex Hager/KUNC
Only one tribe in the U.S. has succeeded in giving rights of nature to a river. The Yurok tribe secured legal personhood for the Klamath River, which runs through Oregon and California. Amy Bowers Cordalis, a Yurok member and lawyer for the tribe, said it was a โ100% good ideaโ for CRIT to pursue legal personhood.
โTribal rights of nature is a really important step in bringing social, economic and environmental justice to tribes,โ Cordalis said. โBecause it is a declaration of the tribeโs relationships with the natural environment. Itโs a critical step into bringing those values and rights into modern U.S. law.โ
Cordalis said the Yurok Tribeโs personhood declaration has had impacts outside of the courtroom. Putting tribal wisdom and ecosystem health at the forefront of decision making gave people โtremendous hope.โ
โHowever, CRIT decides to approach this,โ Cordalis said. โIf itโs consistent with their values, their sovereignty, the future they want to create, then it is a positive step in the right direction.โ
While rights of nature may be a modern legal tool, the values they represent go back generations.
Dillon Esquerra, CRITโs water resources director, stood amid the tall reeds and grasses of the ‘Ahakhav Tribal Preserve, a backwater of the Colorado River, where native plants and animals thrive across more than 1,200 acres of protected habitat. In the background, birds chirped and cooed. Under the waterโs surface, fish flitted in and out of clustered aquatic plants.
โAs far as I’m concerned we’ve always looked at the river as a person. It’s an entity,” said Esquerra. “It’s what we rely on to survive, you know. It is a person to us. It’s a living, breathing person.โ
โItโs a really scary time to be living in the basin and trying to help with water management at a time where thereโs so much fear and stress,โ she said.
Directing the Colorado River Program, Hawkins will lead teams working within seven U.S. states, 30 tribal nations and Mexico. Programs range from on-the-ground conservation projects to basinwide policy issues and interstate negotiations.
Colorado water officials announced Wednesday a rough plan to figure out how the state would handle an unwelcome specter in the Colorado River Basin: forced water cuts.
Mandatory water cuts are possible under a 103-year-old Colorado River Compact in certain circumstances, mainly if the riverโs 10-year flow falls too low. Itโs a possibility that is one or two โbad yearsโ away, some experts say.
Colorado, however, does not have a clearly defined plan, or regulations, for how exactly it would handle such forced water cuts. Itโs time to start preparing, according to state engineer Jason Ullmann, Coloradoโs top water cop.
Over the years, Coloradans on both sides of the Continental Divide have asked about these โcompact administration regulations,โ Ullmann told state lawmakers during the Water Resources and Agriculture Review Committee hearing Wednesday in Steamboat Springs.
โWeโve heard those questions,โ Ullmann, director of the Division of Water Resources, said as hundreds of water professionals listened at the Colorado Water Congress Summer Meeting.
If the riverโs flow falls below a 10-year rolling average of about 82.5 million acre-feet, the Lower Basin states โ Arizona, California and Nevada โ could demand that the Upper Basin send more water downstream based on the 1922 Colorado River Compact. In the water world, this is often called a โcompact call.โ
The Upper Basin states โ Colorado, New Mexico, Utah and Wyoming โ argue that the trigger is actually 75 million acre-feet because of a difference in legal opinions about how the basin states should meet their obligations to share Colorado River water with Mexico.
That 10-year average flow was forecast to be about 82.8 million acre-feet by September 2026. If the flow falls below the tripwire, it would cause a legal mire that could take years to sort out.
State officials said Colorado is in compliance and expects to remain so in the future. If a compact call ever happened, it would be a historic first for the Colorado River Basin.
Colorado officials would need to be able to send more water downstream. But the state doesnโt have regulations to say who cuts back, where the water comes from, when cuts happen or how it would track the water to make sure it would end up where it needed to go.
State officials have debated whether they should even have these discussions in light of larger basin negotiations over water use. Some people wanted to focus the stateโs resources on the negotiations. Others feared that finding water supplies that could be cut would weaken the stateโs stance that it has no extra water to spare.
Based on Ullmannโs remarks, the state is shifting its next course of action: many, many feedback meetings with communities.
This is pretty big news, said state Sen. Dylan Roberts, a Frisco Democrat, asking for more details about the timeline.
This winter and spring, state officials will reach out to key water user groups to host small listening sessions to hear their thoughts on the need for compact administration regulations, Ullmann said.
After that, the state will hold broader public meetings to get more input.
โItโs not something that we intend on doing in a vacuum,โ Ullmann said. โItโs important for everybody in the state of Colorado that this would be a very transparent question.โ
The state has already started on another key task when it comes to managing mandatory water cuts: improving how the Western Slope measures its water diversions.
โYou canโt manage what you canโt measure,โ Ullmann said.
Western Slope water users do already measure their use, but the measurements are not as advanced or consistent as in other river basins where Coloradans already curtail their use to meet interstate water sharing obligations, he said.
The state has already made progress on improving measurement rules and requirements in northwestern Colorado, southwestern Colorado and the Gunnison River area. Water diversions along the Colorado River in western Colorado are next up, a process that will wrap up in November.
Colorado could also adapt to the prospect of forced cuts by creating a โconservation pool,โ like a savings account that could be tapped in the event of a compact call, according to other water experts who spoke to lawmakers.
Some pinned their hopes on the stateโs Colorado River negotiators who have been charged with reaching a seven-state agreement for how to manage the basinโs major reservoirs after the current operating rules expire in 2026.
โWeโre not going to have a compromise unless they [the Lower Basin] waive compact compliance threats. We just canโt enter into any agreement with that,โ said Andy Mueller, general manager of the Colorado River District.
Those negotiations have been stalled over fundamental issues like how to cut back on water in the basinโs driest water years.
Coloradoโs Colorado River Commissioner, Becky Mitchell, told lawmakers Wednesday that the discussions continue to be challenging. Negotiators have until November to share more information about a seven-state agreement with the federal government.
โWhether or not we reach a seven-state consensus, all of us will be forced to deal with this reality in one way or another,โ Mitchell said. โBut today, what weโre hearing from our counterparts is they may be unwilling to reduce their uses in some dry years. It appears they believe that this gap should somehow be filled by the Upper Basin water, using any means necessary.โ
Click the link to read the article on the Colorado Politics website (Eugene Buchanan). Here’s an excerpt:
Tribal leaders are pushing for a seat at the negotiating table, where allocation and management of the Colorado River will be determined.ย The representatives from tribal nations joined a panel discussion called โColorado River: The Emerging Role of Tribes in the 2026 Negotiations,โ moderated by the Nature Conservancyโs Western Colorado Water Project Director Celene Hawkins, at the Colorado Water Congress in Steamboat Springs. During the panel, water executives from several of the 30 tribes relying on the Colorado River Basinโs water talked about their challenges and successes in managing the precious resource. While Native American Tribes hold significant water rights in the Colorado River Basin, their role in the systemโs management is limited. Key hurdles, they said, include funding to implement water programs, infrastructure improvements, and water accountability…
โIn the past, tribes have been treated as an afterthought when it comes to water issues and negotiations,โ said Lisa Yellow Eagle. โBut now weโre having open, honest dialogue.โ
Native America in the Colorado River Basin. Credit: USBR
The Colorado River Water Conservation District spans 15 Western Slope counties. Voters across the district are considering a mill-levy increase that would raise the River Districtโs budget by $5 million, funding a variety of water-related projects.
Colorado River District/Courtesy image
The Colorado River District Board of Directors unanimously approved and adopted a new five-year strategic plan at its quarterly meeting on July 15โ16, 2025. The new Strategic Plan outlines a clear vision and action-oriented roadmap for advancing the Districtโs mission to lead in the protection, conservation, use, and development of the water resources of the Colorado River Basin for the benefit of West Slope water users.
The newly adopted plan is the product of a year-long collaborative effort between the Board, staff, and strategic consultants. Through surveys, interviews, retreats, and intensive staff workgroup sessions, the plan identifies focused priorities and initiatives aligned with the evolving water challenges facing the West Slope.
โThis plan is the result of close collaboration between our Board, staff, and consulting team, and it charts a strong course for the next five years,โ said Marc Catlin, Board President of the Colorado River District. โIt positions the River District to act as a leader, respond quickly to change, and deliver real, lasting benefits to West Slope communities.โ
The new Strategic Plan is built around three key focus areas: Community Protection, Trusted Resource, and Recognized Leader on Colorado River Matters. It outlines goals and actionable steps to address the water needs of western Colorado in a hotter, drier future, protect water resources for agriculture and local communities that rely on them, and reinforce the River Districtโs role as a trusted, data-informed voice in water policy across the district and the basin. The plan also includes efforts to support core organizational services and retain staff, ensuring that essential day-to-day work continues alongside new strategic priorities.
โThe Strategic Plan is a collaborative, working strategy that affirms our commitment to our constituents and communities,โ said Amy Moyer, the Districtโs Chief of Strategy. โImplementation is already underway, and weโre building internal structures to ensure that the initiatives are aligned with the realities of Coloradoโs water future.โ
To support implementation, the River District plans to develop internal workgroups for each focus area and track progress through regular updates to the Board each July, with quarterly updates embedded into staff reports throughout the year. The River District extends its gratitude to the Board and all who contributed to the planning process. The complete 2025-2030 Strategic Plan is available at ColoradoRiverDistrict.org.
Colorado River water flows through La Paz County, Arizona on August 6, 2025. The Central Arizona Project is among the agencies facing cutbacks on water supply while the river is under shortage conditions. Alex Hager/KUNC
Click the link to read the article on the KUNC website (Alex Hager):
August 15, 2025
This story is part of ongoing coverage of water in the West, produced by KUNC in Colorado and supported by the Walton Family Foundation. KUNC is solely responsible for its editorial coverage.
The latest projections for the Colorado River are out, and they paint a picture of more dry conditions and dropping reservoirs.
The river supplies water to nearly 40 million people across the Southwest, and itโs stretched thin by climate change and steady demand. New data from the Bureau of Reclamation shows low inflows and dropping water levels at the nationโs two largest reservoirs โ Lake Powell and Lake Mead. This is just the latest bad news in the midst of a megadrought going back more than two decades.
Projected Lake Mead end-of-month physical elevations from the latest 24-Month Study inflow scenarios.
Projected Lake Powell end-of-month physical elevations from the latest 24-Month Study inflow scenarios.
The river will enter 2026 in a โTier 1 Shortage,โ under which Arizona and Nevada will face mandatory cutbacks to their water supply. While they put some water users in an uncomfortable pinch, those cutbacks arenโt raising the same alarm bells they once did. Dry conditions and water reductions have become a sort of new normal. Shortage conditions for the lower Colorado River basin were first declared in 2021, and have been in place since.
On the ground, the agencies that have to deal with these cutbacks seem to be adapting. Major water users tout their conservation efforts. The towns and cities that are most likely to face permanent reductions to their water use are putting hundreds of millions of dollars into systems that will steel them against smaller water deliveries in the future.
This 2023 diagram shows the tubes through which Lake Powell’s fish can pass through to the section of the Colorado River that flows through the Grand Canyon. Credit: USGS and Reclamation 2023
Meanwhile, further upstream, dropping levels at Lake Powell are creating a near-term crisis. The new federal water data shows the reservoir ending this year only 27% full. If it drops much lower, the reservoir could fall below the pipes which allow water to flow through hydropower generators inside the dam โ jeopardizing electricity generation for about five million people across seven states. The new data shows that could happen as soon as November 2026.
The back of Glen Canyon Dam circa 1964, not long after the reservoir had begun filling up. Here the water level is above dead pool, meaning water can be released via the river outlets, but it is below minimum power pool, so water cannot yet enter the penstocks to generate electricity. Bureau of Reclamation photo. Annotations: Jonathan P. Thompson
Policymakers who can shape the regionโs long-term response to dry conditions have been facing mounting calls for action. They are under pressure to come up with new rules for managing the river in the long-term before the current guidelines expire in 2026.
Cynthia Campbell, who directs a water policy research center at Arizona State University, said instead of urgently working on a long-term plan, those policymakers seem to have spent the past few years โgamblingโ on the idea that water might come back and reverse the crisis at major reservoirs.
โIf they were betting on that,โ she said, โThen they’re losing, because it is continuing to march on. Mother Nature is continuing to march on, and we’re continuing to see declines in the system.โ
While some small glimmers of hope have emerged from negotiations, water managers from the seven states that use the Colorado River seem stuck at an impasse.
โWe have yet to see any courage in the sense of making choices that will bolster long-term system reliability,โ said Campbell, who formerly served as a top water lawyer for the city of Phoenix. โThere seems to be an unwillingness on the collected parties to do that, and that is not good news.โ
Climate scientists say the riverโs dry conditions are unlikely to turn around anytime soon. A warming, drying climate is sapping the region of its water at every turn, and significant reductions to demand are likely the only solution to that new reality.
The 24-Month Study projects future Colorado River system conditions using single-trace hydrologic scenarios simulated with the Colorado River Mid-term Modeling System (CRMMS) in 24-Month Study Mode. The Most Probable and Probable Minimum 24-Month Studies are released monthly, typically by the 15th day of the month. The Probable Maximum 24-Month Study is released alongside other 24-Month Studies in January, April, August, and October.
Initial Conditions: The 24-Month Study is initialized with previous end-of-month reservoir elevations.ย
Hydrology: In the Upper Basin, the first year of the Most Probable inflow trace is based on the 50thย percentile of Colorado Basin River Forecast Center (CBRFC) forecasts and the second year is based on the 50thย percentile of historical flows. To represent dry and wet future conditions, the Minimum Probable and Maximum Probable traces use the 10thย and 90thforecast percentiles in the first year and the 25thย and 75thย percentiles of historical flows in the second year, respectively. The Lower Basin inflows are based only on historical intervening flows that align with the Upper Basin percentiles.ย
Water Demand: Upper Basin demands are estimated and incorporated in the unregulated inflow forecasts provided by the CBRFC; Lower Basin demands are developed in coordination with the Lower Basin States and Mexico.ย
Policy: 2007 Interim Guidelines, 2024 Supplement to the 2007 Interim Guidelines, Lower Basin Drought Contingency Plan, and Minute 323 are modeled reflecting Colorado Riverย policies. For modeling purposes, simulated years beyond 2026 assume a continuation of the 2007 Interim Guidelines including the 2024 Supplement to the 2007 Interim Guidelines (no additional SEIS conservation is assumed to occur after 2026), the 2019 Colorado River Basin Drought Contingency Plans, and Minute 323 including the Binational Water Scarcity Contingency Plan. With the exception of certain provisions related to ICS recovery and Upper Basin demand management, operations under these agreements are in effect through 2026. Reclamation initiated the process to develop operations for post-2026 in June 2023, and the modeling assumptions described here are subject to change.
Reclamation will continue to carefully monitor hydrologic and operational conditions and assess the need for additional responsive actions and/or changes to operations. Reclamation will continue to consult with the Basin States, Basin Tribes, the Republic of Mexico and other partners on Colorado River operations to consider and determine whether additional measures should be taken to further enhance the preservation of these benefits, as well as recovery protocols, including those of future protective measures for both Lakes Powell and Mead.
For more detailed information about the approach to the 24-Month Study modeling, see the CRMMS 24-Month Study Modepage. All modeling assumptions and projections are subject to varying degrees of uncertainty. Please refer to this discussion of uncertainty for more information.
Projections
The latest 24-Month Study reports for each study can be found at the links below:
WASHINGTONโฏโ The Bureau of Reclamation released the August 2025 24-Month Study, reaffirming impacts of unprecedented drought in the Colorado River Basin and pressing the need for robust and forward-thinking guidelines for the future. The study provides an outlook on hydrologic conditions and projected operations for Colorado River reservoirs over the next two years and sets the 2026 operating conditions for Lake Powell and Lake Mead.
โThis underscores the importance of immediate action to secure the future of the Colorado River,โ said Reclamationโs Acting Commissioner David Palumbo. โWe must develop new, sustainable operating guidelines that are robust enough to withstand ongoing drought and poor runoff conditions to ensure water security for more than 40 million people who rely on this vital resource.โ
Lake Powellโs elevation on Jan. 1, 2026, is projected to be 3,538.47 feetโapproximately 162 feet below full pool and 48 feet above minimum power pool. This places the reservoir in the Mid-Elevation Release Tier, with a planned release of 7.48 million acre-feet of water for water year 2026, October 1, 2025, through September 30, 2026. If hydrologic conditions worsen, the water year release volume may be reduced in accordance with the 2024 Record of Decision for the Supplement to the 2007 Interim Guidelines.
Lake Mead is projected to stay in a Level 1 Shortage Condition, with an expected elevation of 1,055.88 feetโ20 feet below the Lower Basin shortage determination trigger. This condition necessitates significant water reductions as indicated by the 2007 Interim Guidelines and the Lower Basin Drought Contingency Plan in the United States and Minute 323 and the Binational Water Scarcity Contingency Plan in Mexico. This calls for Arizona to contribute 512,000 acre-feet, about 18% of its annual apportionment, Nevada to contribute 21,000 acre-feet or 7%of its annual apportionment, and Mexico to contribute 80,000 acre-feet or 5% of its annual allotment.
Current guidelinesโincluding the 2007 Interim Guidelines, 2019 Drought Contingency Plans, and international agreements Minutes 323 and 330โare all set to expire at the end of 2026, leaving a critical void that must be filled with comprehensive strategies that address current and future challenges.
โAs the basin prepares for the transition to post-2026 operating guidelines, the urgency for the seven Colorado River Basin states to reach a consensus agreement has never been clearer. We cannot afford to delay,โ said Department of the Interiorโs Acting Assistant Secretary for Water and Science Scott Cameron. โThe health of the Colorado River system and the livelihoods that depend on it are relying on our ability to collaborate effectively and craft forward-thinking solutions that prioritize conservation, efficiency, and resilience.โ
In June, Cameron called on the seven Colorado River Basin states to submit the details of a preliminary operations agreement by mid-November and share a final seven state agreement on that proposal by mid-February 2026, with the goal of reaching a final decision next summer to begin implementation in the 2027 operating year.
In the meantime, near-term operating guidelines approved last year provide additional strategies to reduce the risk of reaching critical elevations at Lake Powell and Lake Mead. These short-term tools, available through 2026, include conserving 3 million acre-feet or more of water in the Lower Basin and the potential to reduce release from Lake Powell. Under the Drought Contingency Plan, Upper Basin drought response operations could also include sending additional water to Lake Powell from upstream reservoirs.
โThese short-term tools will only help us for so long,โ Cameron emphasized. โThe next set of guidelines need to be in place. We remain committed to this effort and will continue to invest in infrastructure improvements and system water reuse and conservation efforts as we move forward toward viable solutions.โ
The Department and Reclamation continue meeting regularly with the basin states and Tribal Nations to collaborate on the Post-2026 Operating Guidelines as part of their continued commitment to ensuring water security and promoting long-term sustainability in the Colorado River Basin. For more information on the August 2025 24-Month Study, visit https://www.usbr.gov/lc/region/g4000/riverops/24ms-projections.html.
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2024. Credit: Brad Udall
From email from Western Resource Advocates (John Berggren):
August 15, 2025
Western Resource Advocates released the following statement in response to the August 24-Month Study by the U.S. Bureau of Reclamation, which determines reservoir operations and Lower Basin shortages for the coming Water Year, and projects future conditions in the Colorado River system for the next two years.
“This study confirms what weโve known for decades: the Colorado River is overallocated with demands outpacing supplies. We face continued shortages, emergency measures, and the limits of our current agreements, all which are set to expire in the next 12 months. It further sounds the alarm that the Colorado River is drying out and Western states need to act now to protect this vital waterway and its tributaries.”
– John Berggren, Ph.D.
The Colorado River provides drinking water for one in ten Americans and after years of persistent drought, declining snowpack, and rising temperatures, the river continues to face a historic and growing imbalance where demand overwhelms available supply. It is operating under extreme stress and at the edge of a critical management transition.
โThis is not just a crisis. Itโs also a call to action to use remaining time wisely to replace our current reactive, emergency-based management framework with new, long-term solutions. We canโt litigate our way out โ we must collaborate forward. A negotiated agreement among all the Colorado River sovereigns and stakeholders will be more comprehensive, more adaptable, and more responsive to our communities throughout the Basin.โ
Change is the only constant on the Colorado River. Its water carved the Grand Canyon, its flows fluctuate seasonally, its path is altered by a network of dams and pipelines, and its water is dwindling as climate change dries out the West. The River is a dynamic and living system with real limits, yet early agreements treated it like a simple water delivery pipeline.
“Going forward, itโs essential for all water stakeholders and decision makers to take an honest look at the Basinโs hydrology and accelerate coming together around a set of proactive solutions to keep the river healthy.ย Decisions made in the coming months will determine whether we can meet the needs of our communities and protect the river for future generations and for the fish, wildlife, and recreationists that depend on it. The time to lead is now.”
Thank you for fighting climate change in the West with us.
Click the link to read the article on the InkStain website (John Fleck, Anne Castle, Eric Kuhn, Jack Schmidt, Kathryn Sorensen, and Katherine Tara):
As we await Fridayโs (Aug. 15, 2025) release of the Bureau of Reclamationโs Colorado River 24-Month Study, we need to remember a painful lesson of the last five years of crisis management: whatever you see in Reclamationโs report of the โMost Probableโ reservoir levels for the next two years, we must prepare for things to be much worse.
A year ago, Reclamationโs โMost Probableโ forecast told us to expect Lake Powell to hold 10.36 million acre feet of water at the end of July 2025, with a surface elevation 3,593 feet above sea level. Actual storage in Powell at the end of July was 7.46 maf, 2.9 million acre feet less, and the reservoir is 38 feet lower, than the โMost Probableโ forecast.
Four years ago, one of us (Eric Kuhn) wrote this, which is helpful in understanding what is happening:
“The problem: the assumptions underlying the study do not fully capture the climate-change driven aridification of the Colorado River Basin.”
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2024. Credit: Brad Udall
In 2022, a Utah State Center for Colorado River Studies team led by Jian Wang (including one of us, Schmidt) took this on in more technical detail โ Evaluating the Accuracy of Reclamationโs 24-Month Study of Lake Powell Projections. The finding provided technical support for an intuition water managers already had: the 24-Month Study has an optimistic bias.
Produced monthly, Reclamationโs 24-Month Study includes three scenarios: Most Probable, Minimum Probable, and Maximum Probable. The Study includes 18 pages of data and forecasts for twelve Colorado River system reservoirs, from Fontenelle and Flaming Gorge in the north to Mohave and Havasu in the south, projecting things like elevation, storage, inflows, releases, evaporation, and hydropower production each month for the next two years.
“Projections for reservoir elevations during the next few months are based on predictions of reservoir inflow using a widely accepted watershed hydrologic model run by the Colorado Basin River Forecast Center. The input data for that model are observed snowpack in the watershed, soil moisture, and anticipated precipitation and temperature. Projections for reservoir elevations beyond the immediately proximate winter, a year or more in the future (โsecond year projectionsโ), are based on statistical probabilities calculated using analyses of past inflows during a 30-year reference period.”
The resulting model runs represent a wide range of uncertainties, which are captured in three resulting scenarios:
Most Probable: the middle of the range
Maximum Probable: the 90th percentile scenario, meaning that 10% of the model runs predict even wetter hydrology and 90% predict drier.
Minimum Probable: the 10th percentile scenario, meaning that 10% of the model runs predict even drier hydrology and 90% predict wetter.
The problem, implicit in the argument Milly et al. made nearly two decades ago, is that a 30-year reference period is no longer a reliable indicator of what we should expect in the future. It represents a river we no longer have. This is not to suggest any bias or partiality on the part of Reclamation, but merely that the algorithms and modeling used to produce the 24-Month Study have proven in recent years to be skewed more toward the the past than the true-to-life. Our response needs to reflect that reality.
Because of the changing conditions in the Colorado River Basin, the Minimum Probable scenario has become the most valuable in providing a reliable indicator of the future. Actual flows and reservoir levels have been tracking the minimum probable forecast since March of this year. As we enter the fall of 2025, with the weak summer monsoon for most of the Upper Basin coupled with weak La Niรฑa conditions persisting through the fall and early winter, and NOAAโs seasonal outlook pointing to a warmer and drier than average fall, itโs a good bet that this trend will continue at least through mid-winter. The Basin should be prepared for minimum probable conditions, with a clear possibility that actual conditions could be worse than the 10th percentile scenario. The basin community needs to be ready to respond with the necessary water use reductions now to protect the Colorado River system on which we all depend.
After weeks of hot, dry and windy weather across western Colorado, Gunnison County Commissioners received a water-issues update on Tuesday that was filled with โsoberingโ news. In addition to details about Gunnison Countyโs worsening drought conditions, commissioners heard from representatives of the Colorado Water Conservation Board (CWCB) that the U.S. Bureau of Reclamation is once again considering emergency releases from Blue Mesa Reservoir to bolster falling water levels in Lake Powell [in 2026, h/t Sue Serling].
West Drought Monitor map August 12, 2025.
According to drought.gov, approximately 50% of Gunnison County is in โextremeโ drought, compared to just 5% one month ago. Conditions in most of the remainder of the county are rated as โsevere.โ Precipitation for most of the county has been between 25% and 50% of normal for the past 30 days, with little immediate relief in sight.
CWCB representative Amy Ostdiek told commissioners she believes emergency releases will come from elsewhere in the Upper Basin this year, but couldnโt rule out the possibility that Blue Mesa would be included…If current conditions persist, Lake Powell is projected to fall below the critical elevation of 3,525 feet above sea level in the spring of 2026. This would be the second time that has occurred since the reservoir filled in 1980. The other time happened in 2021, precipitating emergency releases from Blue Mesa Reservoir and Flaming Gorge and Navajo reservoirs totaling 180,000 acre-feet. An acre-foot is the volume of water that would cover one acre a foot deep.
As of Aug. 10, Blue Mesa was 61% full and is projected to end the year at 51% of its storage capacity โ without any additional releases. Taylor Reservoir is forecasted to be at 65% of average capacity at the end of 2025. The threshold of 3,525 feet at Lake Powell was agreed to in the Upper Basin Drought Response Operations Agreement as the trigger point for possible releases. The purpose is to prevent Lake Powell from dropping below 3,490 feet, known as โdead poolโ โ the point at which the Glen Canyon Dam can no longer generate electricity. Up to 5 million people across six western states depend on hydroelectric power from the dam. Emergency releases in 2021 were controversial. Critics argued that federal authorities did not properly consult with Upper Basin water users prior to the decision and failed to account for impacts to local economies and communities. Further, many objected on the grounds that water managers had no way of measuring whether the extra water in fact reached Lake Powell.
From email from the Bureau of Reclamation (Conor Felletter):
On Monday, August 11 at 8pm MT, Reclamation will increase releases from Crystal Dam to 1,700 cfs from the current release of 1,650 cfs. Gunnison Tunnel diversions remain at 1025 cfs. Gunnison River flows in the Black Canyon/Gunnison Gorge, currently ~590 cfs, are anticipated to increase to ~640 cfs.
Releases are made for the authorized purposes of the Aspinall Unit, and to maintain target base flows through the endangered fish habitat along the Gunnison River between Delta and Grand Junction.
Reclamation conducts Public Operations Meetings three times per year to gather input for determining upcoming operations for the Aspinall Unit & Gunnison River. Input from individuals, organizations, and agencies along with other factors such as weather, water rights, endangered species requirements, flood control, hydro power, recreation, fish and wildlife management, and reservoir levels, will be considered in the development of these reservoir operation plans. In addition, the meetings are used to coordinate activities and exchange information among agencies, water users, and other interested parties concerning the Aspinall Unit & Gunnison River. The next Operations Group meeting will be held on August 21, 2025 at 1:00 p.m in Montrose, CO at the Holiday Inn Express (1391 S. Townsend Ave). This meeting is open to the public with a virtual option using Microsoft Teams. Register for the webinar at this link.
Contact Conor Felletter (cfelletter@usbr.gov or 970-637-1985) for more information regarding Aspinall operations or the Operation Group meeting.
The main topic of the most recent Rio Blanco Water Conservancy meeting was news that despite the recent $2.5 Million repair, the Hydro power unit is not in operation yet. Originally, the hydraulics seized due to solids in the oil, all the oil has been flushed and replaced and the hydraulics are in working order. Currently they are working on the part known as the face seal. It is being refurbished in California and will be delivered and installed asap. Once the face seal is installed then RBWCD will finalize wet testing to verify that it is properly functioning before going fully online with it.
The issue was discovered while the hydro power unit was running during the initial wet testing. They ran the hydro for approximately 12 hours over a couple of days. At this time is when the stuck face seal was discovered. It appears that this part may have been faulty for several years and it is the belief of the contractor, engineer and RBWCD Staff that this fix will help remedy these persistent issues the hydro has been having.
CPW and RBWCD is working on education and prevention for the zebra mussels at Kenney Reservoir. The lake has seen an increase of use due to closures of other lakes in the area due to mussels, capacity restrictions and construction.
The District continues to solicit responses to their Irrigation Study and Recreation Study and intend on using the results to support in NEPA (National Environmental Protection Act) for the Wolf Creek mega reservoir project. According to Executive Director Alden Vanden Brink, they are having better than expected participation. The next survey will be a Rangely Water Needs assessment.
These days, thereโs a lot that divides the Colorado delegation along party lines. But one thing theyโre all in agreement on is the need for the federal government to release about $140 million itโs holding onto for 15 water projects across the state.
โWe ask you to move forward with obligating the remaining $140 million worth of Bucket 2 projects in Colorado โ not just for the benefit of our state, but for the resilience of the entire Colorado River Basin,โ urges the delegation letter [from Sen. John Hickenlooper, Hurd, Sen. Michael Bennet, and Reps. Jeff Crank, Joe Neguse, Gabe Evans, Brittany Pettersen, Lauren Boebert, Diana DeGette and Jeff Crow].
Among the awards was $40 million to purchase the Shoshone water rights from Xcel Energy and transfer them to the Colorado River District. The other projects deal with watershed restoration, restoring or improving habitats, improving wetlands and improving water health. As the letter points out, Congress allocated $4 billion in Bidenโs signature climate, tax and health care law to deal with theย ongoing drought in the Colorado River Basin.ย The Bucket 2 funding was awarded on January 17, but that was just the first step for money to be distributed to the projects. Typically, contracts or agreements have to be signed before the money is actually obligated and distributed. Still, even if that had been completed before the change of administrations, one of Trumpโs first executive ordersย paused all funding appropriated through the IRA.
During both the Obama and Biden presidencies, Republicans and the fossil fuel industry often accused the administration of waging a โwar on energy.โ It was a demonstrably false allegation. The most either of the Democrats did to attack the energy industry was to incrementally increase common sense regulations and environmental protections, which apparently did little to hamper energy development. The so-called shale revolution, when โfrackingโ opened up huge new reserves of tight oil and gas, began under Obama, and truly came to fruition under Biden, when domestic oil and gas production reached new record highs. Meanwhile, Bidenโs Interior Department approved dozens of utility-scale solar and wind and long-delayed transmission projects on public lands.
But now the Trump administration is, in fact, waging a very real war on energy โ renewable energy, that is, namely wind and solar power. Theyโve frozen and even clawed back funds for projects, killed federal clean energy tax credits, subjected wind and solar projects on public lands to heightened reviews, and eliminated wind energy leasing areas off Oregonโs coast. And theyโve done it all as America is supposedly gripped by an โenergy emergency.โ
Now, the Interior Department has gone even further with a new order that threatens to kill all new renewable power development on federal lands. I know there are some readers out there who might applaud this, since so many of our public lands are not suited for sprawling utility-scale solar or wind developments. But this order โ deceptively and cynically titled, โManaging Federal Energy Resources and Protecting the Environmentโ โ would potentially replace proposed wind and solar projects with coal or uranium mines and/or power plants, oil and gas fields, or other non-renewable energy projects.
The order requires land management agencies, when reviewing proposed solar or wind energy projects, to consider โa reasonable range of alternatives that includes projects with capacity densities meeting or exceeding that of the proposed project.โ
Capacity density is basically the amount of energy a project can generate per acre. According to the Interior Departmentโs calculations (weโll get to the flaws there in a moment), the capacity density (megawatts/acre) for various power sources are:
Advanced nuclear reactor: 33.17 MW/acre
Combined cycle gas plant: 5.4 to 24.42 MW/acre (depending on configuration)
In other words, wind and solar are the big losers, taking up far more space to generate the same amount of electricity as, say, a nuclear plant. According to the new order, this raises the question of โwhether the use of federal lands for any wind and solar projects is consistent with the law.โ
This isnโt a new argument: The specter of โrenewable energy sprawlโ has long been wielded to push back against solar and wind development. And certainly the amount of space a project takes up should be one of many considerations in whether to permit it. But should it really have more weight than the amount of damage the project would inflict? How about pollutants emitted per megawatt, or amount of harm to people, the climate, and the environment per megawatt? Is there consideration for the fact that there is a lot of space between the turbines within a wind facility that is minimally affected? And why doesnโt their chart include hydroelectric, which has the lowest capacity density of all?
Also, the Interior Departmentโs calculations are a bit fishy, or at least incomplete. They say they are based on a 2023 Sargent & Lundy report commissioned by the Energy Information Administration. The report is not on capacity density, but rather the costs of building and operating various power generating technologies. When determining the acreage of the nuclear and fossil fuel plants, they do not take into account the land required for fuel production, which can be extensive.
The supercritical coal plant referenced in the report, for example, would require a mere 600 acres. Yet, the Four Corners coal plant in northwestern New Mexico โ along with its associated Navajo Mine (current mining areas as well as reclaimed areas), Morgan Lake, and coal combustion waste disposal facilities โ covers (and wrecks) some 15,000 acres. That acreage will continue to grow for as long as the plant operates, since the mine and waste dumps will continue to expand. Compare that to the 2,400 acres covered by the nearby San Juan solar plant.
Iโd also argue that if the goal is to get the most energy out of every acre of public land (which is a silly goal, but whatever), then they should figure in the amount of energy the proposed project consumes. Coal mining and oil and gas drilling require large amounts of electricity and petroleum (along with human labor, which is also a form of energy), as does transporting coal and gas by train and pipeline. Uranium enrichment, which is necessary to produce reactor fuel, is extremely power-intensive.
None of this really matters to Interior Secretary Doug Burgum, however. Thatโs because he knows weโre not really in an โenergy emergency,โ and that it is merely a fabricated excuse to give more handouts and regulatory relief to his fossil fuel-industry buddies and to get revenge on Trumpโs political opponents by punishing cleaner energy sources.
Proposed utility-scale solar and wind facilities on public lands should by all means be scrutinized and subjected to the same reviews as any other projects, contrary to what the Abundance faction might believe. The projects should be denied if their impacts outweigh the benefits, with bonus benefit-points for solar or wind projects that displace or replace coal or natural gas generation.
But judging the projects based on a virtually meaningless metric is not only spiteful, unfair, and stupid, but it also will needlessly hamper the fight against health-harming pollution and climate change. And thatโs simply irresponsible, at best. [ed. emphasis mine]
โ๏ธ Mining Monitor โ๏ธ
Speaking of fake energy emergencies โฆ In May, the Bureau of Land Management completed its environmental review and approval of the Velvet-Wood uranium mine in Utahโs Lisbon Valley in just 11 days. The rush, sans public input, ostensibly was necessary to get the mine online quickly to address the supposed uranium shortage.
The mineโs proponent, Anfield Resources, apparently doesnโt share the Trump administrationโs sense of urgency. At the end of April, the Utah Division of Oil, Gas, and Mining asked Anfield for more information on its application to commence large mining operations, which was deemed technically incomplete. Anfield has yet to respond. The company is also not rushing forward to get state approval for its water treatment plant permit or to reopen its Shootaring Mill near Ticaboo, where the Velvet-Woodโs uranium would be processed.
In other words, the fast-tracked permitting was merely a ruse, intended to bypass environmental regulations and public input, not to expedite the project, itself.
***
Photo-illustration of the Animas River a few days after the spill from the air. Jonathan P. Thompson photo and illustration.
Itโs the tenth anniversary of the Gold King Mine blowout that affected the Animas and San Juan rivers in Colorado, New Mexico, and Utah. A few folks have asked if Iโm going to write anything about it โ since I did write a book about it โ but I donโt think thereโs much more to say, really.
The Gold King Mine continues to drain acidic, heavy metal-laden water โ though it is being treated before itโs released into the watershed โ and neighboring mines continue to do the same (though they arenโt being treated). Superfund designation hasnโt been the boon to water quality that some hoped for, nor did it stigmatize Silverton as many feared it would (property values continue to soar into the unreachable zone).
While the event did bring more attention to the problem of abandoned mine sites (even though the Gold King wasnโt technically abandoned when it blew out), and injected โacid mine drainageโ into the publicโs vocabulary, it hasnโt led to mining law reform or any widespread effort to address the issue. That said, Congress finally did pass a Good Samaritan bill, that might clear the way for volunteer groups to do some additional cleanup without being sued for it. Still, they need funding, and thatโs in short supply these days.
If youโd like to read more on it, check out this piece by Peter Butler. And you can check out past stories in the Land Desk for more information (links below, but they are behind the paywall). Better yet, go down to your local bookstore and buy River of Lost Souls.
This image was taken during the peak outflow from the Gold King Mine spill at 10:57 a.m. Aug. 5, 2015. The waste-rock dump can be seen eroding on the right. Federal investigators placed blame for the blowout squarely on engineering errors made by the Environmental Protection Agencyโs-contracted company in a 132-page report released Thursday [October 22, 2015]
An image of the Sharp Fire near Cahone, Colorado, from the Benchmark fire lookout. Source: Watch Duty.
๐ฅต Aridification Watch ๐ซ
Fire season is really heating up, along with the summer temperatures. The relatively dry spring was followed by higher than normal temperatures in July and zero to minimal precipitation in many places, turning low- and mid-elevation forests to kindling. Officials working the Leroux Fire west of Paonia said the relative humidity was just 2%, contributing to rapid fire growth.
The Leroux blaze was just one of many new starts on Coloradoโs Western Slope over the last several days. The Sharp Canyon Fire north of Cahone, Colorado, grew rapidly to 400 acres on Monday, forcing evacuations, but it seems to have quieted down overnight. The Lee and Elk fires in Rio Blanco County blew up to 13,000 and 7,700 acres, respectively, over a couple of days. The Middle Mesa Fire east of Navajo Reservoir and just south of the Colorado-New Mexico line grew to 2,500 acres as of Monday night.
Meanwhile, the Dragon Bravo Fire on the Grand Canyonโs North Rim has lived up to its name, reaching 126,445 acres as of Tuesday morning with only 13% containment a month after it ignited.
The situation is probably going to get worse before it gets better. The National Weather Service has issued red flag warnings for parts of Nevada, Utah, Colorado, and Wyoming, with extreme heat warnings in parts of Arizona and southern California. The mercury in Moab is expected to reach 100ยฐ F or more every day this week, and thereโs no significant rainfall in sight.
The Colorado River is in trouble: Not as much water flows into the river as people are entitled to take out of it. A new idea might change that, but complicated political and practical negotiations stand in the way.
The river and its tributaries provide water for about 5 million acres of cropland and pasture, hydroelectric power for millions of people, recreation in the Grand Canyon, and critical habitat for fish and other wildlife. Thirty federally recognized Native American tribes assert rights to water from the Colorado River system. It is also an important source of drinking water for cities within the Colorado River Basin, including Phoenix, Tucson and Las Vegas, and cities outside the basin, such as Los Angeles, San Diego, Salt Lake City, Denver and Albuquerque.
The 1922 Colorado Compact divided the 250,000-square-mile Colorado River Basin into an Upper Basin โ which includes parts of Colorado, New Mexico, Utah and Wyoming, as well as the northeastern corner of Arizona โ and a Lower Basin, encompassing most of Arizona and parts of California and Nevada. The compact apportions each basin 7.5 million acre-feet of water from the river each year. An acre-foot of water is enough to cover 1 acre in water 1 foot deep, which amounts to approximately 326,000 gallons. According to a 2021 estimate from the Arizona Department of Water Resources, 1 acre-foot is sufficient to supply 3.5 single-family households in Arizona for one year.
Anticipating a future treaty with Mexico for sharing Colorado River water, the compact specified that Mexico should be supplied first with any surplus available and any additional amount needed โborne equallyโ by the two divisions. A 1944 water-sharing treaty between Mexico and the U.S. guarantees Mexico at least 1.5 million acre-feet of Colorado River water annually.
The compact also specified that the Upper Basin states of Colorado, New Mexico, Utah and Wyoming โwill not cause the flow of the river โฆ to be depleted below an aggregate of 75,000,000 acre-feet for any period of 10 consecutive years.โ
The Lower Basin states of Arizona, California and Nevada contend that this provision is a โdelivery obligation,โ requiring the Upper Basin to ensure that over any 10-year period, a total of at least 75 million acre-feet flows to the Lower Basin.
By contrast, the Upper Basin states contend that the language merely creates a โnon-depletion obligationโ that caps their collective use at 7.5 million acre-feet per year in times when additional use by the Upper Basin would cause less than 75 million acre-feet to be delivered to the Lower Basin over a 10-year period.
This disagreement over the compactโs language is at the heart of the differences between the two basins.
Snowfall in Western mountains, including the Flatirons outside Boulder, Colo., is the primary source of water for the Colorado River Basin. AP Photo/Thomas Peipert
A small source area
Nearly all of the water in the Colorado River system comes from snow that falls in the Rocky Mountains in the Upper Basin. About 85% of the Colorado Basinโs flows come from just 15% of the basinโs surface area. Most of the rest of the basinโs lands are arid or semi-arid, receiving less than 20 inches of precipitation a year and contributing little to the flows of the Colorado River and its tributaries.
Rain and snowfall vary dramatically from year to year, so over the course of the 20th century, the Colorado Basin states โ with the assistance of the U.S. Bureau of Reclamation, the agency of the Department of the Interior responsible for operating federal water and power projects in the U.S. West โ developed a complex system of reservoirs to capture the extra water in wet years so it could be available in drier years. The most notable reservoirs in the system are Lake Mead, impounded by Hoover Dam, which was completed in 1936, and Lake Powell, impounded by Glen Canyon Dam, completed in 1966.
Over the past 25 years, the quantity of water stored in Lake Mead and Lake Powell has declined significantly. A primary driver of this decline is a lengthy drought likely amplified by climate change: One study estimated that the region may be suffering its driest spell in 1,200 years.
But human errors are also adding up. The Colorado Compactโs original negotiators made unrealistically optimistic assumptions about the riverโs average annual flow โ perhaps knowingly. In their book โScience be Dammed,โ Colorado River experts Eric Kuhn and John Fleck document how compact negotiators willfully or wishfully ignored available data about the riverโs actual flows. Kuhn and Fleck argue the negotiators knew it would be decades before demand would exceed the riverโs water supply, and they wanted to sell a big vision of Southwestern development that would merit massive federal financing for reservoirs and other infrastructure.
In addition, the current Colorado River system accounting does not factor in the roughly 1.3 million acre-feet of water lost annually from Lake Mead due to evaporation into the air or seepage into the ground. This accounting gap means that under normal annual releases to satisfy the apportionments to the Lower Basin and Mexico, Lake Meadโs water level is steadily declining.
Stabilization efforts
The seven Colorado River states and Mexico have taken significant steps to stabilize the reservoirs. In 2007, they agreed to new guidelines to coordinate the operations of Lake Mead and Lake Powell to prevent either reservoir from reaching catastrophically low levels. They also agreed to reduce the amount of water available to Arizona and Nevada depending on how low Lake Meadโs levels go.
When the 2007 guidelines proved insufficient to keep the reservoir levels from declining, the Colorado Basin states and Mexico agreed in 2019 to additional measures, authorizing releases from Upper Basin reservoirs under certain conditions and additional cuts to water users in the Lower Basin and Mexico.
By 2022, projections for the reservoir levels looked so dire that the states started negotiating additional near-term measures to reduce the amount of water users withdrew from the river. The federal government helped out, too: $4 billion of Inflation Reduction Act funding has helped pay the costs of water-conservation measures, primarily by agricultural districts, cities and tribes.
These reductions are real. In 2023, Arizona, California and Nevada used only 5.8 million acre-feet of Colorado River water โ their lowest combined annual consumption since 1983. The Lower Basinโs total consumption in 2024 was slightly higher, at 6.09 million acre-feet.
Lake Powell, a key Colorado River reservoir, holds only one-third as much water as it is designed to contain. Rebecca Noble/Getty Images
A new opportunity?
With the 2007 guidelines and additional measures expiring in 2026, the deadline for a new agreement looms. As the Colorado River states try to work out a new agreement, Arizonaโs new proposal of a supply-driven approach offers hope, but the devilโs in the details. Critical components of that approach have not been ironed out โ for instance, the percentage of the riverโs flows that would be available to Arizona, California and Nevada.
If the states canโt agree, there is a chance that the secretary of the Interior, acting through the Bureau of Reclamation, may decide on his own how to balance the reservoirs and how much water to deliver out of them. That decision would almost certainly be taken to court by states or water users unhappy with the result.
And the Lower Basin states have said they are fully prepared to go to court to enforce what they believe to be the Upper Basinโs delivery obligation, which, the Upper Basin has responded, it is prepared to dispute.
In the meantime, farmers in Arizonaโs Yuma County and Californiaโs Imperial County cannot be sure that in the next few years they will have enough water to produce winter vegetables and melons for the nation. The Colorado River Basinโs municipal water providers are worried about how they will meet demands for tap water for homes and businesses. And tribal nations fear that they will not have the water they need for their farms, communities and economies.
Cranes and construction equipment line the shore at Gross Reservoir on June 19, 2025 in Boulder County, Colorado. The construction is part of an expansion project that will supply water to Denverโs residents. (Cassie Sherwood/The Water Desk)
Pieter Strauss used to love hosting stargazing parties at his house in the Lakeshore Park neighborhood up Flagstaff Road southwest of Boulder. The hobbyist astronomer would fire up the barbecue and spend hours showing his neighbors the night sky through his observatory and telescopes.
Straussโs house sits looking directly over Gross Reservoir, which provides water to Denver residents.
But when a project to significantly raise the reservoirโs dam began construction in 2022, those moments of neighborhood tranquility were lost for some residents. For Strauss the biggest impact was the bright construction lights used to keep work moving overnight.
โIt became impossible to sit on the deck before sunrise and after sundown, astrophotography was impossible. They lit up the skies,โ with powerful floodlights, Strauss said.
For over 20 years, residents and various environmental groups have protested the project, which suffered a series of legal blows this year. Construction on the massive dam ground to a halt in April amidst the courtroom wrangling, and subsequent decisions have cast a new level of uncertainty over large-scale water projects that propose to draw on the beleaguered Colorado River.
However, by the end of May, federal courts ruled that construction could continue due to concerns surrounding uncompleted construction and potential flooding possibilities, but that the reservoir could not be filled.
The Gross Reservoir Expansion Project involves raising the height of the existing dam by 131 feet. The dam will be built out and will have โstepsโ made of roller-compacted concrete to reach the new height. Image credit: Denver Water
Raising the dam
Gross Reservoirโs dam is owned and operated by Denver Water. The utility built it in the 1950s, with two other building phases planned to accommodate future water needs. The current dam expansion will raise the height of the dam 131 feet, tripling the current capacity of the reservoir, and providing more water for Denver Water customers.
The construction was spurred by โa combination of demands in our system, as well as concerns about climate and concerns about the needs for greater resilience in our system,โ said Jessica Brody, general counsel for Denver Water.
The need for the expansion is similar to a bank savings account, Brody said. Tripling the capacity of the reservoir is a savings account that can be drawn on in circumstances of an emergency.
โIf we have an extreme drought event, we want to have more water banks that we can help smooth the impacts to our customers,โ Brody said.
When the utility initially announced plans to begin moving forward with a dam expansion, residents of the area were concerned. Environmental threats and the disruptions from the massive construction project topped the list of worries. They attended meetings at town halls with county commissioners. They organized with other residents in and around Coal Creek canyon.
While some residents fought the expansion, others anticipated it. When the dam was initially constructed, the utility planned to expand further down the line.
Since construction began in 2022, residents have experienced noise and light pollution. Five neighbors have moved from the Lakeshore Park neighborhood. Pieter Strauss, at whose house they once held stargazing gatherings, was among them.
Beverly Kurtz, member of TEG, on Pieter Straussโs former porch overlooking Gross Reservoir on June 19, 2025. Once construction began, Strauss was no longer able to host neighborhood stargazing parties due to light pollution. (Cassie Sherwood/The Water Desk)
โThe most valuable thing to all the people who have moved up here is that they had a quiet nature sanctuary. But then when you take that away, is it worth it?โ said Anna McDermott, another resident of the area.
โWe sleep with our windows open. Not one house has air conditioning, so you sleep with your windows open in the summer months,โ she said. โYou hear these giant backup beepers crashing, grinding all night long. Even with earplugs, I canโt sleep.โ
The Environmental Group (TEG) is an organization of residents in the Lakeshore Park neighborhood and surrounding residents, focused on engaging the community in action when environmental issues arise. Along with Save the Colorado, The Sierra Club, and other environmental organizations, TEG has fought the expansion. Beverly Kurtz, former president of TEG, has worked to hold Denver Water and the companies working on the dam, Kiewit Corp. and Barnard Construction Company Inc., accountable during construction.
Heavy duty trucks are required to use a different road to access the dam rather than the paved road up Flagstaff Mountain due to fire concerns. Large semi-trucks have slid off the road due to the steep grade, which can cause traffic jams and road closures.
โAt one point they had one of the two roads down this mountain closed for five months,โ Kurtz said. โIt wasnโt until we called the sheriff out here and he realized the safety concern that they opened the road back up.โ
Legal snares slow construction
In October 2024, two years after construction began, Save the Colorado, along with other environmental groups, won a lawsuit against Denver Water. U.S. District Court judge Christine Arguello found the utilityโs dam construction permit violated the Clean Water Act and the National Environmental Policy Act. At the time, construction was able to continue and Arguello ordered the groups to work out an agreement regarding damages.
In April 2025, the judge ordered a temporary halt on construction. The initial lawsuit argued that the U.S. Army Corps of Engineers, who provided the project permitting, did not fully consider climate change impacts when it approved the damโs expansion.
A month later, Arguello ruled that Denver Water could finish construction on raising the dam, but that the reservoir could not be filled until the Army Corps reissued the permits.
โIf you stop the construction of a dam when it is partially built, the dam doesnโt function as it was ultimately designed to function,โ said Denver Waterโs Brody. โThat was a big concern of ours and the Federal Energy Regulatory Commission.โ
The utility has also been ordered to not remove any additional trees surrounding the dam until the proper permits are obtained. The project proposes the removal of over 200,000 trees.
Arguelloโs opinion also called into question the underlying water rights Denver Water would rely on to fill the newly enlarged reservoir when construction finished. Gross Reservoir is filled with water from the headwaters of the Colorado River, which has experienced steep declines in water supply amid a long-term warming and drying trend in the Rocky Mountains.
โThe Environmental Impact Statement didnโt even look at the fact that the flows of the Colorado River are in decline. Most of the science suggests they will continue to decline further,โ said Doug Kenney, Western Water Policy Program director at the University of Colorado Boulderโs Natural Resources Law Center. Acquiring new permits will require Denver Water to redefine the projectโs purpose and evaluate the environmental damage, he said.
The case is more than a local water project. Diverting more water across the western slope of Colorado has created concerns for ecosystems throughout the overappropriated watershed and for communities downstream in California, Nevada and Arizona.
โIt makes it more difficult to ensure that thereโs sufficient flow downstream as a result,โ Kenney said. โWe have got to stop this practice of taking more and more water out of the upper reaches of the Colorado River because it just increases the stress on a river that is already under a tremendous amount of stress.โ
By calling into question the projectโs potential to have downstream impacts, the decision could add a new legal hurdle future water development infrastructure will have to clear.
โHistorically, agencies in recent decades have not done enough to consider climate change in decisions,โ Kenney said. Cases like this one need to happen in natural resource law more generally, he said, as they help establish precedents for future projects that could potentially put the environment at risk.
Denver Water is appealing the court decisions that bar the expansion. That could result in a reissue of the permits with a redefined purpose or a dismissal of the court rulings made earlier this year.
โWe think that the district court made some misjudgements or misinterpretations when it found the Army Corps committed these errors,โ Brody said.
Learning to live alongside it
Amid the stops and starts of Gross Reservoir construction, nearby residents are not ready to let go of what they used to have.
Kurtz and McDermott recall their old activities along the reservoirโs north shore. A handful of neighbors would walk their dogs everyday along the hiking trail that connected the reservoir to their neighborhood. The trail has since been widened significantly, to allow for excavating equipment. They would host Memorial Day parties along the waterโs edge.ย
Beverly Kurtz and Anna McDermott, longtime residents of the Lakeshore Park neighborhood pose in front of Gross Reservoir on June 19, 2025. They are members of TEG, an environmental group involved in a lawsuit against Denver Water. (Cassie Sherwood/The Water Desk)
Now they minimize their excursions to the shore as much as they can. At this point theyโre more than ready for construction to be completed, exhausted from the daily disruptions, explosions and drilling.
โNow clearly, when the work is done, the things which negatively impacted my life would go away. But I couldnโt last them out,โ Strauss said. He recently relocated to the Boulder area. โIt was just my bad luck that my golden years coincided with the worst effects of the project.โ
Some residents found that the expansion project has renewed their sense of community in Lakeshore Park.
โIn a weird way a lot of us have gotten even closer because we were in the battle together,โ Kurtz said. โWe feel like at this point we won the battle, but weโve lost the war.โ
โThey will get the permits to eventually fill this reservoir following the expansion,โ she said.
However, federal courts requiring the proper permits to continue construction is a win in her and TEGโs book, as it sets a precedent for any large construction processes that occur in the future. It will ensure that the proper environmental permits are obtained before construction can begin on a project.
โIf nothing else, we hope that precedent still stands. Because it will help somebody else,โ she said.
This story was produced by The Water Desk, an independent journalism initiative at the University of Colorado Boulderโs Center for Environmental Journalism.
…in his second administration, President Donald Trump is not just approaching climate science with skepticism. Instead, his administration is moving to destroy the methods by which his or any future administration can respond to climate change. These moves, which are sure to be challenged in court, extend far beyond Trumpโs well-documented antipathy toward solar and wind energy and his pledges to drill ever more oil even though the US is already the worldโs largest oil producer. His Environmental Protection Agencyย announced plans this weekย to declare that greenhouse gas emissions do not endanger humans, a move meant to pull the rug out from under nearly all environmental regulation related to the climate. But thatโs just one data point. There are many others:
Instead of continuing a push away from coal, the Trump administration wants to do a U-turn; Trump has signed executive orders intended to boost the coal industry and has ordered the EPA to end federal limits on coal- and gas-fired power-plant pollution thatโs been tied to climate change.
Tax credits for electric vehicles persisted during Trumpโs first term before they were expanded during Joe Bidenโs presidency. Now, Republicans areย abruptly ending themย next month.
The administration is also ending Biden-era US government incentives to bring renewable energy projects online, a move that actually appears to be driving up the cost of electricity.
Republicans in Congress and Trumpย enacted legislationย to strip California of its authority to ban the sale of new gas-powered vehicles beginning in 2035.
Trump is also expected to overturn national tailpipe standards enacted under Bidenโs EPA and is alsoย to challengeย Californiaโs long-held power to regulate tailpipe emissions.
The authors of a congressionally mandated report on climate change were all fired; previous versions of the report, theย National Climate Assessment, which showed likely effects from climate change across the country, have been hidden from view on government websites.
Other countries, large and small, will gather in Brazil later this year for a consequential meeting on how the world should respond to climate change. Rather than play a leading role โ or any role at all โ the US will not attend.
Click the link to read the article on The Land Desk (Jonathan P. Thompson):
August 1, 2025
๐ฅต Aridification Watch ๐ซ
The monsoon is on its way, apparently, but seems to be delivering more lightning than rain to many areas that are grappling with wildfires. Meanwhile, the drought is intensifying and spreading in almost all parts of the West, especially in the deep Southwest.
Streamflows are dropping, too. The Animas River in Durango has fallen to about 200 cubic feet per second, and itโs only at about half that by the time it gets to Farmington, New Mexicoโs, new surfing wave. The Rio Grande already dried up in Albuquerque a couple of weeks ago (but got a good boost from a thunderstorm early this morning). WyoFile reports that the Snake, Wind, and Bear Rivers are all at record low flows for this date, even though the snowpack was about average this winter.
And, of course, the wildfires continue to burn. The Dragon Bravo Fire on the Grand Canyonโs North Rim has burned through 112,000 acres so far, with only 9% containment. The Monroe Canyon Fire in southwestern Utah is at 55,642 acres with 7% containment, and is causing power outages in surrounding communities. The Turner Gulch Fire northeast of Gateway is still growing โdue to continuous hot and dry conditions and erratic winds.โ And the Elkhorn Fire north of Durango has settled down a bit at 317 acres, but officials worry forecasted hot and dry conditions could reawaken it.
Below are some satellite moisture index maps, with blue being moist and red indicating dryness. The top image shows Dove Creek and areas south of there. This was dryland farming country for many years (Pinto Bean Capital of the World), but irrigation from McPhee Reservoir on the Dolores River was later extended out to Dove Creek. Problem is, their water rights are junior to the farmers in the Montezuma Valley near Cortez, so when reservoir levels are low, they tend to get less irrigation water. Here you can see the difference between 2023 (on the left), when snow, river, and reservoir levels were high, and this year (right), when they are not. What stands out to me is that some fields are still being irrigated this year, despite the drought, as is indicated by the circles of bright blue. But there are more fallow fields now, and the areas around the fields are especially dry.
Here are two more images showing the Ute Mountain Ute Tribeโs farms south of Ute Mountain in 2023 compared to 2025. Again, some irrigation is still reaching the fields, but apparently far less, given the number of fields that are apparently fallow.
๐ Data Center Watch ๐
The Land Desk is adding another beat to its roster, the Data Center Watch, which is just to say that Iโll be covering data centers and their economic and environmental ramifications a bit more frequently from here on out. Why? Because they currently are proliferating throughout the West: There are 93 data centers in the Phoenix area, 54 in the greater Denver area, and eight in Albuquerque, with many more on their way. And every one of them uses outsized quantities of electricity and water, straining power grids, and throwing utilitiesโ resource planning into disarray.
Cheyenne, Wyoming, is already home to six data centers. That doesnโt count Metaโs $800 million center that is under construction there, or energy firm Tallgrassโs proposed facility that would pull 1,800 megawatts of electricity from new, dedicated natural gas plants and renewable power installations (presumably solar and wind). Down in Tucson, city officials are considering Amazon Web Servicesโ proposed Project Blue, a massive complex that is poised to consume up to 2,000 acre-feet of water per year and become Tucson Electric Powerโs largest single customer.
In Alaska, a company is looking to build a large data center and a dedicated natural gas plant that would run off of oilfield methane. Numerous data centers can be found along the banks of the Columbia River, drawn there in part by the relatively cheap and abundant hydropower. In Montana, a proposed data center would use all of the powergenerated by NorthWestern Energyโs existing resources. And Pacific Gas & Electric expects new data centers in Silicon Valley to drive a 10 GW increase in electricity demand over the next decade, which is about one-third of todayโs forecast peak demand for Californiaโs grid.
The biggest concern with these sprawling warehouses packed with processors is their power consumption. Each one can draw as much electricity as a small city โ the proposed Cheyenne server farm would use more power than all of the stateโs households. As recently as half a decade ago, most utilities werenโt expecting the speed and magnitude of the big data center buildout. Now itโs hitting hard, and coinciding with increased demand from a growing number of electric vehicles and electrified homes, and utilities are scrambling to bring new power sources online to meet the projected demand growth. This includes geothermal, wind, and solar power โ each with impacts of their own โ but also new natural gas plants and even small nuclear reactors. Some utilities are cancelling plans to retire coal plants to keep enough generating capacity online.
In other words, the data center boom is likely to radically reshape the energy landscape of the West, and will spur more debates over the costs of this sort of economic development and the impacts our cyber-world has on the environment and humanity.
๐ Data Dump ๐
In some ways, I guess you could say that as alfalfa is to the Colorado River, data centers are to the Western power grid: they both suck up a lot of the resources. That doesnโt make them bad. Alfalfa mostly goes to dairy cows, which make cheese and ice cream and other really good things. Data centers power annoying AI art, sure, but they also make everything internet possible, including me sending this newsletter to you.
Anyway, itโs worth tracking both โ alfalfa and data centers, I mean. So hereโs a quick update on hay exports from the U.S. (which includes alfalfa and other hay), as well as a look at acreage planted in alfalfa (excl. other hay) over time. Exports seem to have peaked in 2022 and are now in decline. Nevertheless, sending alfalfa and other hay overseas is big business.
๐คฏ Annals of Inanity ๐คก
You might think that our federal agencies under Trump would be content to wreck the environment and trample civil liberties in a quiet, not-so-noticeable way. But no, of course not: Theyโre so proud of their racism and fetishization of fossil fuels that they plaster social media with their proclamations thereof โ they are trolling us, in other words.
Above are just two recent examples. In the first one, the Department of Energy fawns over a sparkling chunk of coal. In the other, the Department of Homeland Security posts an 1872 painting by John Gast titled โAmerican Progress.โ
Both are gross in their own way.
What the hell kind of sexualization of coal โ i.e. โShe is the momentโ โ are they going for in that first one? Frigginโ perverts, if you ask me.
As for the second, it glorifies the crimes the American military and white colonial settlers perpetrated against the Indigenous peoples in order to get more Lebensraum, one might say (it makes sense to use Hitlerโs term given that he was inspired by the U.S.โs policies toward Native Americans). Not only is the use of the word โHeritageโ in this way a dog whistle to white supremacists, but itโs also kind of weird to be talking about defending the โHomelandโ against immigrants when, in the image, the immigrant invaders are the white settlers, and the folks trying to defend themselves and their homeland are the Indigenous people (and wildlife) fleeing from the settlers.
๐ธ Parting Shot ๐๏ธ
I donโt want to leave yโall with that awful taste in your mouth, so here are a couple of nicer images of one of my favorite flowers out there.
Colorado River May 2023 swelled from low elevation snow runoff.
Click the link to read the article on the KJCT website. Here’s an excerpt:
July 28, 2025
On Monday, the Colorado Basin Roundtable had a meeting to discuss the state of the Colorado River. The Roundtable discussed the potential Shoshone stream flow acquisition. The area of interest is the 2.4 miles in Glenwood Canyon. It is important for Western Colorado because of its stream flow rate that mimics the current water rates used for hydropower. Wildlife organizations did habitat studies on it, and they show it improves the natural environment.
Another topic of discussion was the basin hydrology. With a limited snowpack this year, there is less water. The biggest concerns people had in the meeting related to that was the stress of many systems struggling from prolonged drought and aging infrastructure. Lindsay DeFrates, Deputy Director of Communications for the Colorado River District, said, โThe Colorado Basin Roundtable is a great example of a room where a bunch of different stakeholders from agriculture, recreation, environment, municipal, industrial, water users all come together to talk about those solutions. Itโs never an easy conversation. And we canโt forget about zebra mussels. Zebra mussel veligers were found at the Silt Boat Ramp and near New Castle.
We left the Colorado River a couple months ago to explore the Trumpstersโ effort to use the public lands in the river basin to โunleash American energyโ and return us to the glorious age of cheap petroleum โ and why itโs not happening. At that time, the seven states in the riverโs basin were in a stalemate over a management plan to replace the cobbled together โinterimโ management guidelines that expire next year. The Trumpstersโ have not interceded noticeably in this situation, since it appears to require complex and sustained thought.
Unfortunately, the stalemate is still the basic situation. As a couple water mavens put it, weโre all still waiting for the black smoke coming out of the chimney to turn white. The Basinโs state representatives are meeting together regularly though, with input from the First People, and reports from the meetings suggest that the participants have all agreed to โwork with the river we have, not the river we wish we (still) hadโ (if we ever actually did have it) โ the Colorado River Compactโs river. So a little review here today, to remind us where this puts usโฆ.
Members of the Colorado River Commission, in Santa Fe in 1922, after signing the Colorado River Compact. From left, W. S. Norviel (Arizona), Delph E. Carpenter (Colorado), Herbert Hoover (Secretary of Commerce and Chairman of Commission), R. E. Caldwell (Utah), Clarence C. Stetson (Executive Secretary of Commission), Stephen B. Davis, Jr. (New Mexico), Frank C. Emerson (Wyoming), W. F. McClure (California), and James G. Scrugham (Nevada)
CREDIT: COLORADO STATE UNIVERSITY WATER RESOURCES ARCHIVE via Aspen Journalism
The Colorado River Compact was created in 1922 for a river that had been, for a couple decades, running flows guesstimated to average 18 million acre-feet (maf) annually. The compact commissioners thought they were being conservative in only dividing 15 maf among themselves, and assumed that โthose men who may come after us, possessed of a far greater fund of informationโ would be dividing up even more water after resolving a share for Mexico and resolution of the Indian rights.
The river then played desert trickster and stopped running those big flows, shortly after Congress passed the Boulder Canyon Act to reconstruct the Colorado River through the subtropical deserts below the canyons. By the end of the 1930s drought that followed, the statesโ water leaders knew the numbers in the Compact division might have been for a river that no longer existed, if it ever really had. But they persisted with the Compact, in the spirit of the unnamed quasi-mythical G.W. Bush administration official: โWe are an empire now, and when we act, we create our own reality.โ The next half century was invested in creating our own imperial reality for the Colorado River โ until we began to run into more โnaturalโ realities than weโd anticipatedโฆ.
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2024. Credit: Brad Udall
The unimperial reality today is a river whose annual flow since the turn of the century has dropped to an average around 12.5 million acre-feet (maf), two-thirds the size of the Compactโs river. That is โthe river we haveโ โ and we are aware of the extent to which our superimposed imperial reality on the Colorado River region (and on the whole planet) has caused a lot of this unanticipated loss of water.
Exactly what it means when the basin-wide negotiators say they are working with that โriver we haveโ has not been revealed. One bad sign, however, viewing it from โoutside the box,โ is their persistence in thinking of the river as divided into a four-state Upper Basin and a three-state Lower Basin, a construct destined by a competitive appropriation culture to devolve into chronic conflict โ which it has.
Much of the conflict has revolved around the foggily written Article III(d) of the Compact, stating that the Upper Basin โwill not cause the flow of the river at Lee Ferry to be depleted below an aggregate of 75,000,000 acre-feet for any period of ten consecutive years.โ This could be most rationally interpreted as a warning to the Upper Basin to just be careful to not develop to the point of using more than their 7.5 maf/year (which the four states have not even come close to doing) and cutting into the Lower Basinโs 7.5 maf in dry periods. Or it could be irrationally interpreted as a delivery obligation that the Upper Basin had to deliver regardless of the natural state of the river, even if an extended drought forced the upper states to short themselves in order to deliver the required 7.5 maf.
Looking upstream at the Boulder Dam (now called Hoover Dam) under construction. “Boulder Dam, looking upstream August 31, 1933 2345” is written at the bottom of the photo. Via UNLV
Given a history of tension among the states based on how fast California was growing, the obvious choice between those interpretations was to believe the worst. Their intent in convening the compact commission had been to prevent a โseven-state horse raceโ to appropriate water for their futures; they wanted a seven-state division of the use of the riverโs water that wouldย override interstate appropriative competition. But they didnโt know enough about either the river or their own fantasy-infused futures to do that desired division. The two-basin division has come to be regarded as a stroke of genius, good for all time, when in fact it was just an expedient measure โ one wouldnโt be wrong to call it a โdesperate measureโ โ to cobble together something that would persuade Congress that the states were enough on the same page so Congress could put up the money for a big control structure (Hoover Dam).
But in their haste in pasting together the two-basin compact, they appeared, through Article III(d), to make one basin โjuniorโ to the other, subject to a โcompact callโ in an extended droughtย ย โ or at least that is how everyone chose to interpret it. The 2007 โInterim Guidelinesโ began to address that (perceived) inequity by imposing cuts on the Lower Basin states when Mead and Powell Reservoirs dropped to dangerous levels, but on not the Upper Basin (leaving their shortages up to the erratic river). But interstate โseniorityโ played a big role in the size of cuts for each Lower Basin state, belying the notion that the Compact would protect states from interstate appropriative competition.
So what could todayโs negotiators be doing instead? There is actually a constructive and useful way to divide a desert river into two โbasins,โ based on the nature of the desert river. All rivers are surface water that is leaving โ maybe reluctantly โ the land it flows through; it is leaving the land because the land and its life were not able to put the water to use in support of life or to hold it as groundwater in an aquifer. Even much of the groundwater that doesnโt get used by the plants does not escape leaving the land with the river; isotopic analysis indicates that over the course of a year more than half of all the water in surface streams is groundwater trickling back in.
Ephemeral streams are streams that do not always flow. They are above the groundwater reservoir and appear after precipitation in the area. Via Socratic.org
This is not to say that a river is nothing but a drainage ditch โ an earlier Army Corps of Engineers perspective that messed up a lot of rivers, trying to make the drainage more efficient by straightening channels. All rivers have a much more complex relationship with the land they are flowing through than just โdrainage.โ Most rivers have their origins in highlands โ mountains or other significant uplands โ where steep slopes or fast snowmelts produce too much water to sink into whatever soil there might be; this generates surface flows that become small streams confluing to form larger streams and rivers. Throughย hyporheic exchange,ย surface streams either gain groundwater from the land they flow through when that land has a higher water table than the stream level (aย gaining stream), or they lose water to the riparian areas along the river when the water table there is lower than the stream level (aย losing streamย โ although, since the water it loses nurtures life in the riparian area, I think hydrologists should consider calling it a โgivingย streamโ).
For rivers in humid regions, there is adequate precipitation throughout the riverโs basin so the rivers will usually gain more from the land they pass through than they will lose (or โgiveโ); they are gaining streams that grow from both surface and ground water until they discharge it all into the seas. But a desert river like the Colorado, on the other hand, is a dependable gaining stream only in its highland headwaters, where the Colorado River accumulates 85-90 percent of its entire water supply from the Southern Rockies, Wind River and Wasatch Mountains above ~8,000 feet elevation. This water-producing region is less than 15 percent of the whole basin. (That โdivision contourโ is more accurately an โecotone,โ a blurry edge zone, in the 7,500-8,500 feet range.)
Below the ~8,000 foot elevation, the riverโs tributaries flow first into the high orographic โcold desertsโ (steppes) of western Colorado, southwestern Wyoming and eastern Utah. Most of its tributaries have been โstepping downโ through the mountain region in a series of canyons alternating with floodplains, all of it the waterโs work โ and all of it the beautiful erosion and deposition that draws and holds us here. As they drop into the high desert, they get into a serious canyon-cutting project through the Colorado Plateau, up to a mile deep โ a mystery story in itself thatย Iโve written about before. After more than five hundred miles of canyons winding through the Plateau, the river flows out into the subtropical Mojave and Sonora โhot deserts,โ and thence โ only occasionally now โ emptying whatโs left into the Gulf of California.
Super Bloom along UT-128 during the last road trip with Mrs. Gulch May 2023.
But once they drop out of its headwaters highlands, desert streams and rivers like the Colorado and its tributaries become losing (giving) streams; they get little new precipitation below the ~8,000 foot contour. The occasional exception is the desert cloudburst that manages to penetrate the desertโs heat shield, dumping a huge rain that mostly runs off the desert land in a quick, destructive flood, filling dry arroyos and stream beds for a few dangerous hours. Or a rare winter snowfall that melts and sinks in, activating flora and small fauna that have lain inactive for long periods, instigating pilgrimages from hundreds of miles away just to see the desert in bloom.
The โnaturalโ Colorado River (the river before the 20thย century CE) became a โbig riverโ for two or three months a year, in the May-July period when its mountain snowpack released the majority of the riverโs water into its tributaries and ground storage. But once the snowpack was gone, the natural river became an increasingly modest flow, fed largely by groundwater, and as it wandered through the desert regions, it gave what water it had to riparian life (a process that intensified as humans began โbroadeningโ its riparian areas through irrigation systems), or into desert aquifers โ and a lot of it just evaporated or transpired back into the atmosphere (losses that increased as humans spread more of it out in reservoirs and fields).
There were probably years (like our current water year) in which the last of the natural riverโs water never made it through its lush delta to the sea in the autumn. It is not unusual for a desert stream to completely disappear in its desert; some 40 surface streams and rivers flow into the Great Basin, and most of them just disappear after spreading their limited beneficence en route.
The natural and logical โtwo-basinโ division for a desert river like the Colorado, then, would be into a โwater production regionโ and a โwater consumption region.โ With the exception of mountain mining or resort towns, and the mountain flora and fauna, nearly all the users of Colorado River water live below that ~8,000 foot division. They are all in the same boat, trying to figure out how best to share a โlosing riverโ when its flows drop into the desert regions where they live.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
The Colorado River Compact ignores this natural division of the river. The clumsy division into the four-state Upper Basin and three-state Lower Basin is done according to state boundaries, which have no geographic or hydrographic relevance to the Colorado River Basin.ย ย The state boundaries also include a lot of heavily developed landย outsideย the natural river basin that can lay claim to Colorado River water as part of the state โ and they have population and wealth concentrations that enable them to move that water out of the basin through tunnels. โWe are an empire, and when we actโย et cetera et cetera.
The Compact division is especially problematic for the Upper Basin. A quarter to a third of the Upper Basin area is the riverโs major waterย productionย area, scattered among the mountains of the four states above the ~8,000-foot contour, and the rest of the Compactโs Upper Basin is part of the riverโs waterย consumptionย region. The Compact makes no such distinction, and all the water above the Upper-Lower division point near Leeโs Ferry is presumed to be the Upper Basinโs โ minus the annual โdelivery obligationsโ of 7.5 maf for the Lower Basin and half of the 1.5 maf for Mexico. Given that the riverโs annual flows vary between 5 and 20 maf, this makes the Upper Basinโs Compact allotment of 7.5 maf annually a fantasy.
Acknowledging the desert nature of the Colorado River suggests a rather radical, but common sense two-basin management strategy for the Colorado River, addressing two main challenges: first, to work out an equitable division among all users for the use of the water that flows into the โwater consumption regionโ; and second, for all water consumption region users to collaborate on optimizing (not โmaximizingโ) the flow out of the โwater production regionโ and into the deserts.
And a third challenge (which should be first) would be to transcend (abandon) the Compactโs two-basin division, the artificiality of which just gets in the way of desert-river reality at best, and at worst fosters a competitive rather than collaborative attitude between the two basins.
And thatโs enough for today. We will look more closely at those challenges next time โ unless the negotiators have come up with a brilliant breakthrough to parse out. Donโt hold your breathโฆ.
Colorado River “Beginnings”. Photo: Brent Gardner-Smith/Aspen Journalism
A satellite view of Mesa, Arizona, showing a handful of the 91 energy- and water-intensive data centers in the greater Phoenix metro area. Source: Google Earth.
When I first read a recent headline in Matthew Yglesiasโs Slow Boringnewsletter, I assumed it was a sort of joke to rope me into reading. โThereโs plenty of water for data centers,โ it said, reassuringly. โProbably the last worry you should have about either water or AI.โ
Unfortunately, he wasnโt joking. But he opened his piece with a line that should have warned his readers to take everything else he said with a grain of salt:
Before I continue with my rant, Iโd just like to encourage Yglesias to do a little more thinking about water scarcity before writing about it. Oh, and also, maybe consider spending a little bit of time in the water-starved West before committing punditry about it. (This is the same guy who tweeted that Sen. Mike Leeโs proposal to sell off public land was โpretty reasonableโ and an โokay idea on the meritsโ).
Yglesias acknowledges that data centers use water, and that more data centers will lead to more water consumption. But itโs okay, he says, because โWeโre not living on Arrakis, and rich countries are not, in general, abstemious in their water usage.โ
No, we are not on Arrakis, but have you seen the lower reaches of the Colorado River or even the mid-reaches of the Rio Grande lately? Itโs looking pretty Dune-like if you ask me.
Well, sure, Yglesias argues, but even in those places, people are doing frivolous things with water, like filling up their Super Soakers or using it to make ice cubes for their cocktails. Yes, he used those actual examples. Never mind that the potable water used each day by a single Microsoft data center in Goodyear, Arizona, could yield more than 35 million ice cubes or fill about 223,000 Super Soakers. That would be one big, drunken water fight.
Yglesias also notes that agriculture, especially growing alfalfa and other feed crops for cattle, is an even larger water consumer than Big Tech. True, for now. And he writes:
His logic appears to be: People are currently using a lot of water for all sorts of things โ frivolous or otherwise. So, it should be fine to use a lot more water for data centers in perpetuity, since water is โsufficiently plentiful.โ This is the sort of thinking that got the Colorado River Basin into its current mess, in which there actually may not be enough water to drink very soon if its collective users donโt change their ways. Adding a fleet of water-guzzling hyperscale data centers to places like Phoenix, Las Vegas, andย Tucson, where water is anything but โsufficiently plentiful,โ will only exacerbate the crisis.
Researchers have tried various methods to determineย how much water a single ChatGPT query or AI-assisted Google search usesย as compared to, say, streaming a Netflix video or writing a standard e-mail.ย So far the estimates diverge wildly. An early calculation came up with a whopping 500 ml for each AI query, but the estimates have since gone down. The difficulty is due in part to the fact that water use data isnโt always publicly available, and also because data centersโ water use can vary depending on location, as do theirย carbon footprints.
What is clear is this: Data centers use large quantities of both energy and water, no matter where they are. The massive server banks churning away in warehouse-like buildings on the fringes of Phoenix and Las Vegas, and even in rural Washington and Wyoming, each gobble as much electricity as a small city to process AI queries, cryptocurrency extraction, and other aspects of our increasingly cloud-based society. The harder they work, the hotter they get, and the more power and water they need to cool off to the optimum operating temperature of between 70ยฐ to 80ยฐ F.
Evaporative or adiabatic cooling, where air is cooled by blowing it through moistened pads (i.e. high-tech swamp coolers), works well in arid areas like Phoenix, Tucson, or Las Vegas. They use less energy than refrigerated cooling, but also use far more water.
Data centers can also indirectly consume water through their energy use, depending on the power source. Thermal coal, nuclear, or natural gas plants need water for cooling and steam-production (some of this water may be returned to the source after use, except with zero-discharge facilities); natural gas extraction uses water for hydraulic fracturing; and solar installations can require large amounts of water for dust-suppression and cleaning. This explains how Googleโs data centers withdrew 8.65 billion gallons of water globally in 2023 1.
A 2023 study found that a single Chat GPT-3 request processed at an Arizona data center uses about 30 milliliters of water, compared to 12 ml per request in Wyoming. That doesnโt seem like much (itโs less than a shot-glass) until you consider that there are at least 1 billion ChatGPT queries worldwide per day and growing, using a total of some 8 million gallons of water daily, worldwide. And, training the AI at an Arizona data center would use about 9.6 million liters โ or 2.5 million gallons โ of additional water.
Another estimate finds the average data center uses between 1 million and 5 million gallons of water per day, onsite, which would be far more than the aforementioned Goodyear center (56 million gallons/year), but in line with a planned Google data center in Mesa, Arizona. When Google was first planning the facility back in 2019, the city of Mesa guaranteed delivery of nearly 1 million gallons of water per day. If they reach certain milestones they can use up to 4 million gallons daily, or about 4,480 acre-feet per year.
Now multiply those numbers by the more than 90 data centers of various sizes and water and energy intensity in the Phoenix area, alone, which would amount to somewhere between 14 million to 450 million gallons per day. No matter how you add it up, they collectively are sucking up a huge amount of water and power, and enough to strain even Yglesiasโs purported โsufficiently plentifulโ supplies (which do not exist in Arizona, by the way).
The average Phoenix-area household uses about 338 gallons of water per day, or almost 123,000 gallons per year. One of these big data centers, then, could guzzle as much water as some 10,000 homes. And yet housing developments in groundwater-dependent areas on Phoenixโs fringe must obtain 100-year assured water supply certification before they can begin building. The same is not the case for data centers.
According to Open ET maps, a 75-acre alfalfa field in Buckeye (western Phoenix metro area), uses about 156 acre-feet โ or 50.8 million gallons โ per year. Thatโs far less than the 28-acre Apple Data Center in Mesa consumes. Of course, there are the equivalent of about 3,470 alfalfa fields of that same size in Arizona (260,000 acres), meaning the total water consumption of hay and alfalfa is still greater than that of data centers. But it shows that while replacing an alfalfa field with houses would result in a net decrease in water consumption, replacing those same fields with data centers would substantially increase consumption.
And donโt forget that the 75-acre alfalfa field produces about 690 tons of alfalfa per year, which could feed quite a few dairy cows, which in turn would produce a bunch of milk for making cheese and ice cream. Just saying. Maybe itโs time to update the old saying: โIโd rather see a cow than a data center.โ
Data centers arenโt going away. After all, they are the hearts and brains of the Internet Age. Many of us may wish that AI (not to mention cryptocurrency), which are more water- and energy-intensive than other applications, would just up and vanish. But thatโs probably too much to ask for. Besides, AI, at least, does have real value.
So what can be done to keep the data center boom from devouring the Westโs water and driving its power grid to the snapping point? Hereโs where Yglesias had a good point: Policymakers and utilities should adjust water and power pricing for large industrial users, i.e. data centers, to discourage waste, incentivize efficiency and recycling, and push tech firms to develop their own clean energy sources to power their facilities.
Itโs imperative that utilities force data centers to pay their fair share for infrastructure upgrades made necessary by added water or power demand, rather than shifting those costs to other ratepayers, as is usually the case. Arizona should make data centers prove out their water supply, just like they do with housing developments. Plus, states should stop trying to lure data centers with big tax breaks, which ultimately are paid for by the other taxpayers. And local governments and planners should subject proposed data centers to the highest level of scrutiny, and not give in to promises of jobs and economic development if it means sacrificing the communityโs water supply or the reliability of the power grid.
Proper policy isnโt a cure all, by any means. But it could mitigate the impacts of the imminent data center boom. Meanwhile, Mr. Yglesias, I will reiterate that the West, at least, does not have plenty of water for data centers, and I will continue to worry about them guzzling up what little water remains.
๐ Reading Room ๐ง
The Land Desk is reading all of yโallโs great responses to last weekโs open thread about forms of resistance. Check it out and weigh in if you havenโt already.
Len Necefer has had some really strong pieces on hisย All At Once by Dr. Lennewsletter recently, includingย this oneย musing about the opportunities for the Navajo Nation to build a recreation economy on the San Juan River (great idea!). He writes about how strange it is that he, a Navajo Nation citizen, must get a permit from the BLM to raft the river, when it borders his homeland (and is at the heart of Dinรฉ Bikeyah). I also like that he sees boating/recreational opportunities along the entirety of the river, not just from Sand Island to Clay Hills Crossing. Iโve always thought it would be super cool to boat the reaches between Farmington and Bluff (actually, Iโve always wanted to boat from Durango to Farmington to Bluff).ย
Another Substack thatโs been getting my attention isย Time Zero, a podcast and Substack on โthe nuclearized world.โ Theย Wastelandingย series is about the legacy of uranium mining and milling on the Colorado Plateau, the Navajo Nation, and on Pueblo lands. Very powerful stuff.ย
Theย Colorado Sunโs Shannon Mullane has aย good storyย about the Southern Ute Tribe finally getting some of its Animas-La Plata water, which was the whole reason the last big Western water project, as itโs known, was finally built.
1 This is not the same as consumption, which is the amount of water withdrawn minus the amount returned to the source.
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2024. Credit: Brad Udall
The Shoshone hydro plant in Glenwood Canyon. The Shoshone hydropower plant in Glenwood Canyon. The CWCB will hold a hearing on the water rights associated with the plant in September. Credit: Heather Sackett/Aspen Journalism
Front Range asked for Colorado Water Conservation Board neutrality on historic use of Shoshone water rights
In an effort to head off concerns about the stateโs role in a major Western Slope water deal, a Western Slope water district has offered up a compromise proposal to Front Range water providers.
In order to defuse what Colorado River Water Conservation District General Manager Andy Mueller called โan ugly contested hearing before the CWCB,โ the River District is proposing that the state water board take a neutral position on the exact amount of water tied to the Shoshone hydropower plant water rights and let a water court determine a final number.
โAlthough we believe this would be an unusual process, the River District believes it would address the primary concern (i.e., avoiding the state agencyโs formal endorsement of the River Districtโs preliminary historical use analysis) that we heard expressed by your representatives at the May 21, 2025 CWCB meeting regarding the Shoshone instream flow proposal,โ Mueller wrote in an email to officials from the Front Range Water Council.
The River District worked with CWCB staff to draft the proposal, but it may not go far enough to address Front Range concerns.
The River District, which represents 15 counties on the Western Slope, is planning to purchase some of the oldest and largest non-consumptive water rights on the Colorado River from Xcel Energy for nearly $100 million. The water rights, which are tied to the Shoshone hydropower plant in Glenwood Canyon, are essential for downstream ecosystems, cities, endangered fish, and agricultural and recreational water users. As part of the deal, the River District is seeking to add an instream flow water right to benefit the environment to the hydropower water rights.
The effort has seen broad support across the Western Slope. The River District has raised $57 million toward the purchase from at least 26 local and regional partners. The project was awarded a $40 million Inflation Reduction Act grant in the waning days of the Biden administration, but those funds have been frozen by the Trump administration.
โThese water rights are foundational to the Colorado River,โ said Amy Moyer, chief of strategy at the River District. โItโs the number one project for the Western Slope. Itโs the top priority to move forward.โ
Critically, because its water rights are senior to many other water users โ they date to 1902 โ Shoshone can force upstream water users to cut back. The Shoshone call has the ability to command the flows of the Colorado River and its tributaries upstream all the way to the headwaters.
The twin turbines of Xcel Energyโs Shoshone hydroelectric power plant in Glenwood Canyon can generate 15 megawatts. The River District is proposing that the CWCB remain neutral on the issue of the plantโs historic water use. Credit: Heather Sackett/Aspen Journalism
Putting a precise amount on how much water the plant has historically used is a main point of contention between the River District and the Front Range Water Council, a group that includes some of Coloradoโs biggest municipal water providers: Denver Water, Colorado Springs Utilities, Aurora Water and Northern Water. These entities take water that would normally flow west, and bring it to farms and cities on the east side of the Continental Divide through what are called transmountain diversions. About 500,000 acre-feet of water annually is taken from the headwaters of the Colorado River and its tributaries to the Front Range.
Estimates by the River District put the Shoshone hydro plantโs average annual use at 844,644 acre-feet using the period between 1975 and 2003 โ before natural hazards in the narrow canyon began knocking the plant offline regularly in recent years.
But Front Range Water Council members say this estimate is flawed and could be an expansion of the historical use of the water right. They have requested a hearing at the September CWCB meeting to hash out their concerns.
โThe preliminary analysis that has been presented appears to expand historic use and creates potential injury,โ Abby Ortega, general manager of infrastructure and resource planning at Colorado Springs Utilities told the CWCB at its May meeting.
Determining past use of the Shoshone water rights is important because it will help set a limit for future use. While changing the use of a water right is allowed by going through the water court process, enlarging it is not. The amount pulled from and returned to the river must stay the same as it historically has been.
As part of the River Districtโs deal to buy the water rights, the CWCB โ which is the only entity in the state allowed to hold an instream flow water right โ must officially accept the water right and then sign on as a co-applicant in the water court change case.
But Front Range water providers said that doing so would amount to an endorsement of the River Districtโs historical use estimate, which would mean taking a side in the Front Range versus Western Slope disagreement.
โIf you agree to accept the right and as I understand it, the instream flow agreement, youโre agreeing to be a co-applicant, which risks you accepting their analysis,โ said Alexandra Davis, an assistant general manager with Aurora Water, at the CWCBโs May meeting.
Some members of the Front Range Water Council have asked that the CWCB remain neutral during the water court change case. In May 9 and June 9 letters to the CWCB from Marshall Brown, general manager of Aurora Water, he said the CWCB shouldrefrain from endorsing any specific methodology or volume of water.
โโฆ [T]he CWCB should remain neutral in the water court proceedings and defer to the courtโs determination of the appropriate methodology and volumetric quantification,โ the May 9 letter reads.
The River Districtโs offer does just that: It proposes that the CWCB should not take a position regarding the determination of historical use of the Shoshone water rights.
โWe heard the issues that are most front and center from these entities,โ Moyer said. โAnd so we are trying to find a path forward that works for everyone.โ
But even if Front Range Water Council members are in favor of the proposal, it is unlikely to result in a cancellation of the hearing. CWCB Executive Director Lauren Ris said in an email that under the boardโs rules, they are required to hold a hearing. And Jeff Stahla, public information officer at Northern Water, said they will still be asking for the hearing to proceed.
Spokespeople from Colorado Springs Utilities, Aurora Water and Denver Water all declined to comment on the River Districtโs proposal because it was marked as confidential.
Some members of the Front Range Water Council have concerns beyond CWCB neutrality that could be addressed at the September hearing.
In a May 14 letter to the CWCB, Denver Waterโs CEO Alan Salazar said the water provider also wants to carry over some provisions from existing agreements like the Shoshone Outage Protocol. This agreement has an exception in cases of extreme drought that allows Denver Water to keep taking water if its reservoirs fall below certain levels and streamflows are low. Denver Water added that by omitting the last two decades of Shoshone water use, the River Districtโs study period is skewed, and that using an upstream stream gauge to measure historical use is improper.
The hearing is scheduled for the next CWCB board meeting Sept. 16-18. The board can approve or disapprove the acquisition of the water rights, or make changes to the proposal and adopt the amended proposal. The board is required to take action at the September hearing unless the River District approves an extension. Pre-hearing statements are due by Aug. 4.
CWCB board members Brad Wind, who is general manager of Northern Water, and Greg Johnson, manager of resource planning at Denver Water, recused themselves from the July 17 CWCB board meeting discussion of the Shoshone water rights and plan to recuse themselves from future Shoshone discussions and decisions.ย
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
Deadlocked for months in tense, closed-door meetings, Colorado River states may be one step closer to an agreement. Representatives from each of the seven Western states have agreed to discuss a new path forward โ one that could more firmly ground Colorado River policy in hydrological reality as snowpack fails to deliver, reservoirs decline and fears mount…The proposal, presented for the first time publicly at a meeting in Arizona on June 17, would base the release of water from Lake Powell on a three-year average of the โnatural flowsโ of the river. Water released from Lake Powell ends up in Lake Mead, the source of roughly 90 percent of Southern Nevadaโs supply…The natural-flow proposal, while details remain sparse, would be a stunning departure from guidelines minted in 2007, which some argue donโt take into account declining water availability.
This 2023 diagram shows the tubes through which Lake Powell’s fish can pass through to the section of the Colorado River that flows through the Grand Canyon. Credit: USGS and Reclamation 2023
Federal officials reported Tuesday that the water level in Lake Powell, one of the main water storage reservoirs for the Colorado River Basin, could fall low enough to stop hydropower generation at the reservoir by December 2026.
The reservoirโs water levels have fallen as the Colorado River Basin, the water supply for 40 million people, has been overstressed by rising temperatures, prolonged drought and relentless demand. Upper Basin officials sounded the alarm in June, saying this yearโs conditions echo the extreme conditions of 2021 and 2022, when Lake Powell and its sister reservoir, Lake Mead, dropped to historic lows.
The seven basin states, including Colorado, are in high-stakes negotiations over how to manage the basinโs water after 2026. One of the biggest impasses has been how to cut water use in the basinโs driest years.
โYou canโt reduce what doesnโt come down the stream. And thatโs the reality weโre faced with,โ Commissioner Gene Shawcroft of Utah said in the statement. โThe only way weโre going to achieve a successful outcome is if weโre willing to work together โ and not just protect our own interests.โ
Lake Powell is seen in a November 2019 aerial photo from the nonprofit EcoFlight. The Upper Basin states are proposing two pools of stored water in Lake Powell: A Lake Powell protection account and a Lake Powell conservation account. Credit: EcoFlight
Lake Powell, located on the Utah-Arizona border, collects water from Colorado, New Mexico, Utah, Wyoming, part of Arizona and tribal reservations in the Colorado Riverโs Upper Basin. Glen Canyon Dam releases the reservoirโs water downstream to Lake Mead, Native American tribes, Mexico, and Lower Basin states, including Arizona, California and Nevada.
Lake Powell and Lake Mead make up about 92% of the reservoir storage capacity in the entire Colorado River Basin.
The U.S. Bureau of Reclamationโs July report, called a 24-month study, shows the potential for Lake Powell to decline below two critical elevations: 3,525 feet and 3,490 feet.
It could drop below 3,525 feet in April 2026, which would prompt emergency drought response actions. Thatโs in the most probable scenario, but the federal agency also considers drier and wetter forecast scenarios. The dry forecast shows that the reservoirโs water levels would fall below this elevation as soon as January.
Lake Powell would have to fall below 3,490 feet in order to halt power generation.
Planning for emergency water releases
In 2021 and 2022, officials leapt into crisis management mode and released water from upstream reservoirs โ including Blue Mesa, Coloradoโs largest reservoir โ to stabilize Lake Powellโs water levels.
The July 24-month study triggered planning for potential emergency releases, called drought response operations, at Lake Powell, and Flaming Gorge, Blue Mesa and Navajo reservoirs, said Chuck Cullom, executive director of the Upper Colorado River Commission.
โThe Upper Division States and Reclamation have been monitoring the risks to Lake Powell since January 2025 due to the declining snowpack and runoff, and are prepared to take appropriate actions as conditions evolve through 2025 and spring of 2026,โ he said in an email to The Colorado Sun.
The back of Glen Canyon Dam circa 1964, not long after the reservoir had begun filling up. Here the water level is above dead pool, meaning water can be released via the river outlets, but it is below minimum power pool, so water cannot yet enter the penstocks to generate electricity. Bureau of Reclamation photo. Annotations: Jonathan P. Thompson
At-risk hydropower
Hydroelectric power generation takes a hit with lower water levels at Lake Powell and Lake Mead.
Reclamationโs dry conditions forecast says Lake Powell could fall below 3,490 feet by December 2026, and Lake Meadโs water level could fall below a key elevation, 1,035 feet, by May 2027. At that point, Hoover Dam would have to turn off several turbines and its power production would be significantly reduced, said Eric Kuhn, a Colorado water expert.
In more typical or unusually wet forecasts, neither reservoir would fall below these critical elevations in the next two years, according to the report.
Lake Powell and other federal reservoirs provide a cheap and consistent source of renewable energy. Without that, electricity providers would have to look to other, more expensive sources of energy or nonrenewable supplies. Some of those costs can get handed down to customers in their monthly utility bills.
Output capacity of the damโs turbines decreases in direct proportion to the reservoirโs surface elevation. As Lake Powell Shrinks, the dam generates less power. Source: Argonne National Laboratory.
Glen Canyonโs hydropower is normally pooled with other power sources to serve customers in Wyoming, Colorado, Arizona, New Mexico, Nevada, Texas and Utah. Its power generation has already been impacted: Fourteen of the lowest generation years at the dam have occurred since 2000.
A strong monsoon season this summer could help elevate the water levels in the major reservoirs, as could a heavy winter snowpack in the mountains this coming winter.
โIf next year is below average, then weโre setting ourselves up for some very difficult decisions in the basin,โ said Kuhn, former general manager of the Colorado River District and author of โScience Be Dammed,โ a book about the perils of ignoring science in Western water management.
Arizona power house at Hoover Dam December 2019. Each of the 17 hydroelectric generators at Hoover Dam can produced electricity sufficient for 1,000 houses. Photo credit: Allen Best/The Mountain Town News
An interstate legal mire
Kuhn has also been tracking the releases from Lake Powell with big, interstate legal questions in mind.
If the riverโs flow falls below a 10-year total of about 82.5 million acre-feet, it could trigger a legal mire. In that scenario, the Lower Basin could argue that the Upper Basin would be required to send more water downstream in compliance with the foundational agreement, the 1922 Colorado River Compact.
Some Upper Basin lawyers disagree about the terms of when states, like Colorado, would be required to send more water downstream. Thatโs a big concern for water users, including farmers and ranchers, who say they already donโt have enough water in dry years.
From 2017 to 2026, the 10-year cumulative flow is expected to be about 83 million acre-feet, Kuhn said.
โWeโre OK through 2026,โ Kuhn said. โBut under the most probable and minimum probable [forecasts], itโs almost a certainty that the flow will drop below 82.5.โ
Lake Powellโs ecosystems feel the strain
Bridget Deemer, a research ecologist for the U.S. Geological Survey, keeps her eye on how lower water levels impact ecosystems in Lake Powell.
In a recent study, she found that low dissolved oxygen zones grow larger as water levels fall and more sediment gets backed up in the reservoir over time. This sediment can spur more decomposition, which uses up oxygen in the water.
The zones can cut down on fish habitat. Fish donโt want to be in the warm surface waters of the lake, but as they search for their preferred temperature and food source, they can end up in an area with low oxygen, Deemer said.
The effect is greatest right below Glen Canyon Dam. In 2023, there were 116 days when the oxygen was below 5 milligrams per liter, which is the threshold for trout. At 2 to 3 milligrams per liter, the fish can die.
Deemer also studies how these zones are impacted by algae blooms.
Lake Powell researchers noted toxic algae blooms around the Fourth of July and last fall. They donโt know definitively what caused either bloom event, but research does show that warming water temperatures and increased nutrients are two leading causes of harmful algae blooms.
These blooms can impact fish, people, pets or anything that ingests the algae.
โIn general, Lake Powell is doing well,โ she said. โIts waters are really clear without a lot of nutrients and algal growth. These blooms are smaller scale and localized.โ
Climate change is warming the North Pacific Ocean, leading weather patterns that drive drought in the U.S. Southwest to persist decades longer than they have in the recent past.
The drought in the Southwestern U.S. is likely to last for the rest of the 21st century and potentially beyond as global warming shifts the distribution of heat in the Pacific Ocean, according to a study published last week led by researchers at the University of Texas at Austin.
Using sediment cores collected in the Rocky Mountains, paleoclimatology records and climate models, the researchers found warming driven by greenhouse gas emissions can alter patterns of atmospheric and marine heat in the North Pacific Ocean in a way resembling whatโs known as the negative phase of the Pacific Decadal Oscillation (PDO), fluctuations in sea surface temperatures that result in decreased winter precipitation in the American Southwest. But in this case, the phenomenon can last far longer than the usual 30-year cycle of the PDO.
โIf the sea surface temperature patterns in the North Pacific were just the result of processes related to stochastic [random] variability in the past decade or two, we would have just been extremely unlucky, like a really bad roll of the dice,โ said Victoria Todd, the lead author of the study and a Ph.D student in geosciences at UT Austin. โBut if, as we hypothesize, this is a forced change in the sea surface temperatures in the North Pacific, this will be sustained into the future, and we need to start looking at this as a shift, instead of just the result of bad luck.โ
Currently, the Southwestern U.S. is experiencing a megadrought resulting in the aridification of the landscape, a decades-long drying of the region brought on by climate change and the overconsumption of the regionโs water. Thatโs led to major rivers and their basins, such as the Colorado and Rio Grande rivers, seeing reduced flows and a decline of the water stored in underground aquifers, which is forcing states and communities to reckon with a sharply reduced water supply. Farmers have cut back on the amount of water they use. Cities are searching for new water supplies. And states, tribes and federal agencies are engaging in tense negotiations over how to manage declining resources like the Colorado River going forward.
โPlanners need to consider that this drought, these reductions in winter precipitation, are likely to continue, and plan for that,โ said Tim Shanahan, an associate professor at UT Austinโs Jackson School of Geosciences and co-author of the study.
The research began with decades-old sample cores taken from lakes in the Rocky Mountains. Using modern geochemical techniques, Todd was able analyze drought conditions during the mid-Holocene period 6,000 years ago, a period in Earthโs history when the Northern Pacific warmed and the Southwestern U.S. experienced hundreds of years of drought.
But the sample cores suggest the drought was much worse than previously thought by scientists. Through a series of climate models, the researchers found vegetation change in the tropics darkened the Earthโs surface so that it absorbed more of the sunโs heat. That led to a warming of the North Pacific that was similar to the PDO that drives drought in the Southwest, but in this case, the drying lasted for centuries. โAs soon as we saw that, you know, we started thinking about whatโs happening today,โ Todd said.
For the past 30 years, the PDO has been in its negative phase, which leads to drought in the Southwest by reducing winter precipitation and the runoff from mountain snowpack that fills many of the regionโs rivers and recharges groundwater aquifers.
Using an ensemble of historical and future climate models forecasting climate and precipitation patterns until 2100, they found the PDO-like negative phase continues through this century. But unlike the mid-Holocene periodโs warming, which was brought on by vegetation change, todayโs is driven by greenhouse gas emissions. Certain models revealed that the change in the ocean pattern was less about vegetation absorbing solar radiation, Todd said, and more about warming in general.
The study also revealed that current climate models are underestimating drought conditions, Todd and Shanahan said, and they hope to find better ways to approximate aridity going forward.
Drought that continued until the end of the century would have major implications for water resources in the Southwest and how they are managed. The region currently sustains some of the countryโs biggest cities and most productive agricultural areas.
Brian Richter, president of the water research and education group Sustainable Waters and a water researcher not involved in the study, said the research further proves the drought in the Southwest is more intense than previously thought and is not going away any time soon.
โDoesnโt it suck that every time the science improves, the outlook for the climate and water looks worse?โ he said.
In many ways, Richter said, what people are seeing on the ground is outpacing science. Five years ago, he said, farmers would say theyโve been through droughts before, and this one would soon pass. Now, he said, their tone has changed to โThis is a different kind of a drought.โ
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2024. Credit: Brad Udall
In response to last weekโsย dispatchย on a potential new Colorado River sharing deal, Save The Worldโs Rivers! tweeted this compelling โ but, for some, potentially opaque โ tweet:
I say โopaqueโ because at first glance it might seem strange that a 50/50 split of the riverโs waters between the Upper Basin and the Lower Basin would lead to ecological disaster. But it could, if, during a period of extremely low flow years, the 50% sent downstream was so low that it reduced daily flows through the Grand Canyon to a level that could not support fish or the ecology.
Iโve written about the faulty math of the Colorado River Compact many times here. Yet the assumptions of the riverโs flow and the math are hardly the only, or largest, problems with the document. Most egregious was the exclusion of tribal nations from the original negotiations and the compact, itself, even though they collectively are entitled to a significant portion of the riverโs waters. Under the compact, the tribal nationsโ water rights must come out of the respective statesโ allotments โ that reduces tribes to subdivisions of the states, which they are not. They are sovereign nations and their water rights are negotiated with the federal government.
The other very big problem is that the compact never once considers the river, or the ecology that depends upon it. Instead, it apportions all of the water in the river and then some to โbeneficial use,โ which does not include environmental or even recreational uses. The compact also states that โthe use of its waters for purposes of navigation shall be subservient to the uses of such waters for domestic, agricultural, and power purposes.โ If we consider river-running and Lake Powell boating to be navigation, then the compact also deprioritizes those uses, i.e. recreation.
Because all of the Lower Basinโs water must flow through the Grand Canyon, the Lower Basinโs water rights serve as sort of de facto instream water rights through the canyon. In other words, the more water the Imperial Irrigation District and other Lower Basin users demand for irrigating alfalfa, the more water there is for fish and other critters in the Grand Canyon (including river runners). So, if the states were to strike a deal that might allow the Upper Basin to send only a trickle to the Lower Basin, it would also result in a mere trickle flowing through the Grand Canyon.
The thing is, the fish and even the river runners donโt really care much about the annual volume of water in the river, they care more about the daily streamflow. And that is currently regulated by a separate set of rules aside from the Colorado River Compact that were implemented in the 1990s.
But first, letโs go back in time to the years before there was a Glen Canyon Dam. Back then, the Colorado River through Glen Canyon, Marble Gorge, and the Grand Canyon was truly wild. Seasonal streamflow fluctuations were extreme, swinging from as low as 3,000 cubic feet per second in late summer, fall, and winter, to 80,000 cfs or more during spring runoff and late summer monsoonal floods. The water was often laden with orange-red sediment, and in the summer its temperature might reach 80ยฐ F or higher, giving it a viscous, dirty-bathwater feel. It may not have been great for swimming in, but the native fish reveled in it.
The completion of Glen Canyon Dam in 1963 changed all of that. Annual flows were evened out to build up storage in Lake Powell while also meeting Colorado River Compact obligations. Seasonal fluctuations were also no more, and the silt-free, murky green water emanating from the dam was a near-constant 46ยฐ F. Daily fluctuations of streamflow, however, could be erratic and downright manic, depending on the power gridโs need for more juice.
Before there was a Glen Canyon Dam, the Colorado River ran wild and free, often topping out at Lees Ferry at or above 100,000 cubic feet per second, which is ginormous. After the dam was completed, managers withheld flows to fill up the reservoir. Then, in 1983, they withheld too much water, and a massive spring runoff threatened the dam itself, forcing managers to release nearly 100,000 cfs once again and providing a wild ride for Grand Canyon river runners. After the 1996 operations plan was implemented, occasional high-flow releases occurred to help move sediment through the Grand Canyon in an effort to benefit the riparian ecology and build new beaches. But they still pale in comparison with pre-dam high flows. Data source: USGS.
During the first few decades after the dam was completed, the hydropower plant operators had ample leeway to โfollow the loadโ by modulating the flow of water through the turbines. This occasionally caused huge fluctuations in the flow of water through the Grand Canyon. On one July day in 1989, for example, about 3,471 cfs was running through the dam at 5 a.m., a meagre flow by the Coloradoโs standards. By 3 p.m., it had jumped to 29,000 cfsโthe maximum flow through the turbinesโto generate juice to the burgeoning number of air-conditioners on the Southwest power grid. This must have wreaked havoc on river runners in the Grand Canyon, who might have tied up their boats during high flow, only to find them beached out several hours later (or vice versa, depending on how far downriver they were). It probably wasnโt so good for the fish, either.
In the early โ80s, dam operators wanted to maximize the potential for following the load by also installing turbines in the river outlets so they could generate even more power by releasing more water, which likely would have exacerbated daily fluctuations. The proposal was shot down following intense opposition, and sparked an effort to develop a more river-friendly plan for managing the dam.
Congress passed the Grand Canyon Protection Act in 1992, and in 1996 Interior Secretary Bruce Babbitt signed off on the Glen Canyon Dam Operations plan, selecting the โModified Low Fluctuating Flowโ alternative โ a compromise between environmental and power-generating interests โ and creating an adaptive management working group. The annual releases would remain the same (8.2 million acre-feet), but it imposed minimum and maximum release rates and maximum fluctuation rates, along with adding in occasional high-flow events meant to simulate pre-dam seasonal fluctuations. This limited Glen Canyon Damโs flexibility as a hydroelectric plant, but it was far better for the downstream river and its users.
A profile of the Colorado River with potential future dam and reservoir sites. From the 1916 USGS paper โColorado River and its utilization,โ by E.C. La Rue.
Yet in the ensuing three decades, power-generation has often taken precedent over downstream ecological health, and the Grand Canyonโs riparian environment remains imperiled. (As long as weโre talking about ironies: A portion of revenues from Glen Canyon Damโs power sales fund endangered fish recovery efforts.)
Whether a new deal to share the Colorado River becomes an ecological disaster would seem to depend less on the annual volume released from Glen Canyon Dam than it does on the daily and seasonal operations of the dam. And I would add this to the above tweet: It would be the second ecological disaster for the Grand Canyon; the first was the construction of Glen Canyon Dam, itself.
The back of Glen Canyon Dam circa 1964, not long after the reservoir had begun filling up. Here the water level is above dead pool, meaning water can be released via the river outlets, but it is below minimum power pool, so water cannot yet enter the penstocks to generate electricity. Bureau of Reclamation photo.
As long as weโre talking streamflowsย โฆ hereโs a hydrograph of the Animas River in Durango for the last year (July 17, 2024-July 17, 2025) and for the same time period during the previous year. You can see that spring runoff this year was lower, and less drawn-out than in 2024, and that the current streamflow is about 25% lower than it was on this date last year. Hopefully the monsoon will arrive soon and boost flows, at least for a bit.
๐คฏ Trump Ticker ๐ฑ
While everyone is going bananas over the Trump/Jeff Epstein brouhaha, the Trump administration is putting its fossil fuel fetish on garish display. This includes:
Yesterday the Interior Departmentย saidย it would subject proposed solar and wind developments on public lands to elevated scrutiny in an effort to end โpreferential treatment for unreliable, subsidy-dependent wind and solar energy.โ Meanwhile these guys have been eliminating environmental reviews for and public input on oil and gas and mining projects. So whoโs getting preferential treatment now?ย
Meanwhile, the Environmental Protection Agency is trying to block the state of Colorado from pushing dirty coal plants to close as part of its effort to reduce air pollution and, well, comply with EPA air quality regulations.ย CPRโs Sam Brasch has theย story, and reports that Coloradoโs not about to take this one lying down.ย
And, the EPA continues to defy its name by extending the deadline for compliance with regulations forย managing coal combustion waste, or CCW. Coal combustion waste is the solid stuff left over from coal burning, like ash, clinkers, and scrubber sludge, and it contains copious quantities of nasty stuff like mercury, arsenic, boron, cobalt, radium, and selenium. This is an enormous waste stream, and is piled up outside coal plants and in coal mines all over the West. Check outย this map from Earthjusticeย to see where the coal waste depositories are near you!ย
And finally, U.S. Energy Secretary Chris Wright, in anย Economistย column, wrote that climate change is โnot an existential crisis,โ merely a pesky little โby-product of progress.โ He said he was willing to take the โmodest negative trade-offโ of climate changeโalong, presumably, with the heat waves, wildfires, and devastating floodsโ”for this legacy of human advancement.โ Itโs almost as if they like pollution! It would be funny if it werenโt so tragic.
๐ Good News Corner ๐
Colorado has new wolf pups! Yes, Colorado Parks and Wildlife has confirmed three new wolf families have joined the Copper Creek Pack with new pups, though they have not released the number of pups in each family. This is good news, indeed.
โLike so many Coloradans, Iโm thrilled to hear of new wolf families and puppy paws on the ground,โ said Alli Henderson, southern Rockies director at the Center for Biological Diversity, in a written statement. โThe howl of wolves rising once more in this iconic landscape signals real progress toward restoring balance in Coloradoโs wild places.โ
For more background and history on wolves, check out my essay from a little while back on wolves, wildness, and hope. But youโll have to sign up as a paid subscriber to read it, since the archives are behind the paywall!
La Plata Electric Association (LPEA) has signed a new 10-year power purchase agreement (PPA) with Ptarmigan Resources and Energy Inc. for locally generated hydropower from the Vallecito Dam, reinforcing the cooperativeโs commitment to clean, reliable, and community-focused energy.
Effective April 1, 2026, through March 31, 2036, the agreement will provide approximately 5.8 megawatts of renewable capacity onto LPEAโs system – enough to power around 2,500 homes per year. Itโs the first time LPEA has been able to purchase power directly from Vallecito, thanks to new flexibility under its evolving power supply strategy.
โThis is a win for our members and our mission,โ said LPEA CEO Chris Hansen. โFor the first time, weโre contracting directly with a local hydropower provider right in our backyard.โ
The hydropower facility at Vallecito Dam, located northeast of Bayfield, has long provided clean energy to the regional grid. However, LPEAโs previous long-term wholesale power contract limited its ability to work with independent producers like Ptarmigan.
โThis project is exactly what we envision for the future of energy for our members: affordable, responsibly generated power produced right here in our community,” said Nicole Pitcher, LPEA Board President. โItโs meaningful that the same water sustaining our ranches and farms and bringing joy to recreationists will also be generating clean energy for homes across our service territory.โ
โSelling power locally is a win-win,โ said Sam Perry, CEO of HydroWest (contracted by Ptarmigan to oversee plant operations). โWith this new partnership, Vallecito can provide consistent, renewable energy and grid stability to LPEA.โ
This PPA follows LPEAโs launch of a competitive Request for Proposals (RFP) earlier this year, seeking additional long-term energy resources to serve its load after 2028.
Iโm a little slow getting to this one, thanks mostly to being consumed by the whole public land sale brouhaha, but better late than never.
After years of bickering, wrangling, fighting, and digging in their heels, representatives of the seven Colorado River Basin states may have finally agreed on a โrevolutionaryโ way to split up the riverโs waters: Theyโre going to base it on how much water is actually in the river at any given time.
So, apparently, in this world, โrevolutionaryโ is a synonym for the most common sense, obvious, and, really, necessary way to do things.
More specifically, the Upper Basin would release a percentage of the rolling three-year average of theโnatural flowโ* at Lee Ferry from Glen Canyon Dam, making it available to the Lower Basin. Thatโs opposed to the current model, where the Upper Basin is required to release at least 75 million acre-feet every ten years (or 7.5 MAF per year on average)**
Letโs pause for a moment and use an analogy to reflect on how short-sighted and dumb that original approach was. [ed. emphasis mine] Say someone has a potato farm and they die, leaving the farm to their two children, Upper and Lower, who must determine how to divide the farm and its yield between them. They look back at their parentโs ledgers, and determine that the farm has produced at least 15 tons of potatoes annually during the previous few years.
So they agree to divide it in half, with 7.5 tons going to each of them each year. But Upper will actually live on the farm, and has the keys to the lock on the gate, so they add into their Potato Farm Compact a clause that requires Upper to not prevent Lower from taking 75 tons of potatoes from the farm during every 10 year period.
This works out fine as long as the farm produces 15 tons per year. But what happens if you signed the Compact during an abnormally productive period, and the long-term average yield was far lower than 15 tons? Or what happens as the soil becomes less fertile and the irrigation water becomes more scarce and production drops far below 15 tons per year? Under the agreement, Upper still has to allow Lower to take 7.5 tons annually, leaving Upper with far less, maybe even nothing during a string of bad years. Obviously, this is untenable. And, just as obviously, it would have made far more sense for Upper and Lower to simply divide each yearโs harvest in half and each take 50% of whatever the total might be. Just as obviously, that would have been the smartest way to divide up the Colorado River in the first place. Of course, a river is not a potato crop.
To determine how much potatoes you have, you just put them on a scale. Determining the โnatural flowโ of the Colorado River is far more difficult, and requires inputting:
data from 29 upstream streamflow gauges/gages;
historic outflow and pool elevations from 12 main-stem and 12 off-stream reservoirs;
upstream consumptive uses and losses.
While that doesnโt sound so complicated, gathering all of these inputs โ reservoir evaporation, for example, or the exact amount consumed by agriculture โ can require separate calculations and guesswork of their own.
Note that the would-be signatoryโs of this deal havenโt agreed on what the โfixed percentageโ would be, and that there still would be an unspecified โlower limitโ to the annual release from Lake Powell. Those could both be sticking points in finalizing this plan. Source: Arizona Reconsultation Committee June meeting.
But the states wouldnโt be coming up with this from scratch. The Bureau of Reclamation alreadyย calculates the riverโs natural flowย at Lees Ferry along with Lake Powellโs unregulated inflow. As you can see from the graph below, the river has not consistently delivered 15 million acre-feet per year, forcing the Upper Basin to deplete their savings account (Lake Powell) in order to meet its Colorado River Compact obligations.
This shows the estimated natural flow of the river โ or what it would deliver without any upstream dams, diversions, or human-related consumptive use โ at Lees Ferry, several miles downstream from Glen Canyon Dam. The natural flow is calculated using upstream streamflow gages, consumptive use, and calculated reservoir evaporation. Source: Bureau of Reclamation.
If the supply driven concept is implemented, it will base Glen Canyon Dam releases on a fixed percentage of the previous three-year moving average. For example, the average of water years 2022, 2023, and 2024 was 13 million acre-feet. If the Upper Basin and Lower Basin were to each take 50%, then the Glen Canyon release this year would be 6.5 million acre-feet (plus something for Mexico, presumably, although this isnโt clear. I highly doubt the Lower Basin will settle for just 50%, given that it has far more people, more agriculture, and is just thirstier, overall, but letโs go with that figure since itโs whatโs in the Colorado River Compact, sort of.
The Lower Basin states use far less water now than they did a decade or so ago, thanks in part to forced cuts and in part to general conservation measures. The increase between 2023 and 2024 is probably due to the fact that 2023 was an unusually wet year in most of the Colorado River Basin, meaning farmers and other irrigators needed less water. Source: Colorado River Accounting and Water Usage Report, Lower Basin, Bureau of Reclamation.
That would actually work: The Lower Basin statesโ consumptive use last calendar year was about 5.8 million acre-feet, so theyโd have enough to use, and a little on top for evaporation from reservoirs (which is not included in the Lower Basinโs accounting). It would leave the Upper Basin enough for consumption and some extra for reservoir storage.
But if you go with the previous three years (โ20,โ21,โ22), you end up with an average of just 9 million acre-feet, 50% of which would be a measly 4.5 million acre-feet, forcing downstream users โ namely the Central Arizona Project, since their rights are junior to Californiaโs โ to take deep cuts. And it would leave the Upper Basin just enough to meet their needs, meaning theyโd have to draw down Lake Powell or other reservoirs to fulfill their obligations.
Another tricky scenario would be if three decent water years were followed by an extremely dry year. Releases from Lake Powell could significantly exceed inflows, which might deplete the reservoir enough to bring it down to minimum power pool, which is no bueno.
While this may be the closest the states have come to reaching some sort of consensus on how to run the River beyond 2026, it seems as if there is still many sticky details to work out. How are they going to agree on a fixed percentage? What will the minimum release be? And how will that fly with the Upper Basin during years such as 2002, when the natural flow at Lees Ferry was a mere 5.8 million acre-feet? Timeโs running out.
Now for some more data for your pondering pleasure:
The Upper Basin states use far less water than the Lower Basin, but the Lower Basin has generally been reducing overall use, while the Upper Basin has remained steady or even increased consumption, with Colorado overtaking Arizona in 2023. Note: The Arizona figure only includes the Lower Basin. Arizona also consumes about 13,000 acre-feet of Upper Basin water each year, down significantly from pre-2019, when up to 40,000 acre-feet was withdrawn from Lake Powell for steam generation and cooling at the now shuttered Navajo Generating Station. Source: Bureau of Reclamation.
The Imperial Irrigation District in southern California remains the Riverโs largest single water user, and one of the most senior water rights holders, using most of the water for alfalfa and various food crops. However, it has cut its consumption considerably over the years, in part thanks to state and federal programs that pay farmers not to irrigate. Itโs not clear how long these programs and the payments can last, however. Nevada is included on this list because nearly all of the stateโs Colorado River allocation is drawn from Lake Mead and goes to the greater Las Vegas area. Also note that it is only number 8 on this list. Source: Bureau of Reclamation.
Agriculture has been and remains the biggest single user of Colorado River water, by far. Of that amount, alfalfa and other hay crops take up the lionโs share.
This passage, from David Starr Jordanโsย Fish Commission Bulletin 1889: Report of Explorations in Colorado and Utah During the Summer of 1889,ย remains relevant today:
Uggh. Fire season is getting ugly. The Dragon Bravo Fire blew up and burned the historic Grand Canyon Lodge on the North Rim. The Deer Creek Fire, burning near Old La Sal, Utah, just west of the Colorado state line, has grown to almost 12,000 acres and exhibited some erratic behavior (see video above). Just northeast of there, the Wright Draw and Turner Gulch fires have forced the closure of Hwy. 141 and numerous evacuations in the Unaweep Canyon area outside Gateway (the community of Gateway is not yet threatened). The South Rim Fire at the Black Canyon of the Gunnison is now at 4,000 acres. The Laguna Fire west of Abiquiu Reservoir in New Mexico has reached 15,200 acres. And the air in the West is basically full of smoke.
Hereโs hoping for rain and lots of it, sans lightning, please.
๐ธ Parting Shot ๐๏ธ
This oneโs from โA notice of the ancient ruins of southwestern Colorado, examined during the summer of 1875,โ by W.H. Holmes. The text is the beginning of the description of the sketch.
The latest Bureau of Reclamation 24-month studies show a clear risk of Lake Powell dropping below minimum power pool in late 2026, with Lake Mead dropping to elevation 1,025 by the summer of 2027. This should be hair on fire stuff.
The โclear riskโ here is based on Reclamationโs monthly โminimum probableโ model runs โ what happens if we have bad snowpacks next year, and the year after? These are probabilistic estimates, not predictions. But the whole point of Reclamation doing this is so that we can be prepared. We need a robust public discussion about what our plan is if we end up on this fork in the hydrologic road.
The warning signs are clearly there in Jackโs analyses. Frustrated by the delay in the traditional metrics we use for measuring and monitoring the Colorado River, Jackโs been doing routine updates on reservoir storage contents. The traditional metrics we use โ the Upper Basin Consumptive Uses and Losses Reports, the Lower Basin Decree Accounting Reports, the Natural Flow Database โ have significant lags. The reservoir data is there in real time, integrating how much the climate system provides and how much humans use. The data here are all public. Jackโs value add is to sum them up and slice and dice the resulting data structures.
The somewhat arcane but incredibly useful framework heโs been using his his recent analyses is the period of accumulation, when reservoirs rise as river flows exceed human uses above them and extractions below them, following by the period of decline, when weโre drawing down the reservoirs. This is a tool, or a way of thinking, that we could use in real time to adjust our behavior, noting bad reservoir conditions and reducing our use. This is not something our water allocation framework is well suited to do.
The Negotiations
For more than a year, those involved in the delicate interstate negotiations over future Colorado River water allocation rules have repeatedly asked that we give them space to have the hard conversations they need to have in private. The results, or lack thereof, have done nothing to earn our trust.
The potential path forward.
When Arizonaโs Tom Buschatzke moved the up-until-then super secret โsupply drivenโ allocation concept into public view a month ago, it seemed like a good sign along two dimensions. First, the idea of basing the amount of water delivered from Upper Basin to Lower Basin past Lee Ferry on actual hydrology, on a percentage of how much water the climate is actually providing, seemed like an eminently reasonable approach. Second, Buschatzke was talking about this in public.
Folks from the Upper Basin followed suit, and a round of positive press followed.
But as this shifts from the brief sunshine of public statements back to the closed door negotiations, any glimmer appears dim indeed.
The problems were already visible in that brief, glorious bit of sunshine of public discussion last month.
There are two critical questions that need to be settled to make this work. The obvious one is the number โ what percentage of the three year natural flow are we talking about shepherding down past Lee Ferry? The second is more subtle: What happens if the Lee Ferry flow falls short of that number?
Speaking to the Arizona Reconsultation Committee, Buschatzke was clear that whatever percentage number they settled on would be an Upper Basin โdelivery obligationโ at Lee Ferry. Becky Mitchell, speaking on behalf of Colorado, (but effectively as the de-facto Upper Basin voice, the role the other Upper Basin states seem to have for all practical purposes ceded to her) said (per Heather Sackettโs excellent reporting) it was in no way to be considered a delivery obligation.
When I suggested in a blog post that Upper Basin states might need to curtail water users in order to ensure the agreed-upon-percentage (whatever that is) is met, I got an angry call informing me that the Upper Basin was considering no such thing.
What this makes clear is that the same disagreement over the irreducibly ambiguous legal question in Article III of the Colorado River Compact โ does the Upper Basin have a Lee Ferry delivery obligation or not? โ is simply being shifted to a new modeling framework.
Never mind the equally intractable question of what the Lee Ferry donโt-call-it-a-delivery-obligation percentage might be. I donโt know anything more than gossip, but the gossip suggests the attempt to settle on a number, or even a range of numbers that Reclamation might model as part of its NEPA analysis, also is not going well.
If I was talking to Alex Hager today, I would no longer describe a glimmer of hope.
The Failure Mode
One of the most useful questions I learned to ask as a reporter covering water involved drilling down to the question of what happens when scarcity finally bites. What is the failure mode? Who actually doesnโt get water? How does that work? [ed. emphasis mine]
The combination of Jackโs analysis and Reclamationโs latest 24-month study suggests that we need to be asking that question in the near term. When Powell approaches minimum power pool, and Mead drops below 1030, whose water use will be curtailed to protect the system? If your answer involves a defense of why your own water supply should not be reduced, youโre doing this wrong. Everyone needs to be realistic about their risk of a legal outcome different from their agency lawyerโs position. But we also need to recognize moral obligations here, to find ways to share in this shrinking river. How are we going to come together, as a community, to respond?
The longer term argument also needs to begin to take this form.
Let us imagine going to the Supreme Court to settle the question of whether the Upper Basin does or does not have a legal delivery obligation under Article III of the Colorado River Compact to deliver 75 million or 82.5 million acre feet per year past Lee Ferry. If you lose that litigation, what is the failure mode? Who actually doesnโt get water? If your groupthink has convinced you that this is not a meaningful question, that youโre sure to win, and the other basin is the one that needs to be thinking about failure modes, you need a second opinion, to get out of your groupthink bubble.
Whatever โbring it onโ enthusiasm for litigation youโre hearing from your groupthinkers needs to be tempered by an honest discussion about what happens to your communitiesโ water supplies if you lose.
Iโll also make a modest pitch here for a need to recognize moral obligations, to find ways to share this shrinking river.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
Click the link to read the article on the InkStain website (Jack Schmidt Center for Colorado River Studies, Utah State University):
July 14, 2025
Water stored in the reservoirs of the Colorado River represents the account balance from which we draw water for use. The amount in the account is especially important during dry times when the demand by water users throughout the Basin exceeds income to the account, primarily snowmelt runoff, and is met by account withdrawals.
The annual cycle of reservoir hydrology includes two seasons โ a relatively short season when reservoir storage increases and a relatively long season when storage decreases. In wet years, the season when storage increases typically begins in March or early April and may last until late July. In dry years, this season might not begin until May and end in mid-June. During the rest of the year, the Basinโs reservoirs are progressively depleted.
Snowmelt in 2025 was low, similar to what it was in 2012 and 2013; in early June, the Colorado Basin River Forecast Center predicted that this yearโs unregulated snowmelt inflow to Lake Powell will end up being 54% of the recent 30-yr average. In the 21st century, only 2002, 2018, and 2021 had lower inflows to Powell. Not surprisingly, the amount of water that accumulated in the Basinโs reservoirs during the 2025 snowmelt season was also unusually low. There are a few ways to consider the Basinโs reservoirs. We can consider every reservoir for which data are readily available[1]; we can consider the major reservoirs actively managed by Reclamation[2]; or, we can consider just Lake Powell and Lake Mead (hereafter, Powell+Mead). Considering only Lake Powell or only Lake Mead doesnโt tell us much, because all of the Rocky Mountain snowmelt is first stored in Lake Powell and subsequently transferred to Lake Mead. In 2025, the 46 Basin reservoirs gained only 0.55 million af (acre feet) of water, of which only 0.28 million af accumulated in the 12 federal reservoirs and only 0.11 million af accumulated in Powell+Mead. That is a very small amount, especially compared to 2023 and 2024 (Fig. 1). That accumulation is being quickly consumed. By 1 July 2025, all of the 2025 accumulation in Powell+Mead had been released downstream or evaporated.
Figure 1. Graph showing reservoir storage in different parts of the Colorado River Basin since 1 January 2023. Total storage in March 2023 was the lowest in the 21st century. Storage significantly increased due to 2023 snowmelt, but the accumulation from the 2024 snowmelt was entirely lost. This will also happen in the coming months. On 30 June 2025, active storage in 42 reservoirs upstream from Lake Powell was 8.58 million af, active storage in Lake Mead was 8.05 million af, and storage in Lake Powell was 7.88 million af.
In contrast to previous dry years, however, todayโs account balance is unusually low, about the same as in late July 2021 (Fig. 2). Depending on how you think about the reservoir system, todayโs contents are between 34 and 45% full in relation to their condition at the beginning of the 21stย century (Table 1).
Figure 2. Graph showing reservoir storage in different parts of the Colorado River Basin since 1 January 1999. On 30 June 2025, total basin storage was comparable to what it was in late July 2021
Table 1. Present storage contents of reservoirs in the Colorado River Basin in relation to past conditions.
Storage contents, in million acre feet
on 30 June 2025
Last time storage was as low
Present storage as a percentage of storage in late July 1999
entire Basin (n=46)
26.8
25-Jul-21
45%
federal reservoirs (n=12)
23.64
4-Sep-21
42%
Powell + Mead
15.93
20-Nov-21
34%
The implications for Lake Powell depend on whether Reclamation decides to emphasize water storage in Lake Powell or in Lake Mead, and whether water presently in Flaming Gorge reservoir will be released to supplement storage in Lake Powell. As of June 30, 32% of the reservoir storage in the Basin was in 42 reservoirs upstream from Powell, 30% was in Mead, and 29% was in Powell (Fig. 1). if past management practices prevail, storage upstream from Powell will be quickly reduced, and storage in Powell and Mead will be reduced more slowly. If Reclamation emphasizes storage in Lake Powell by reducing releases to Lake Mead through the Grand Canyon, hydropower production at Glen Canyon Dam will be maintained and the risk of entrainment of smallmouth bass through the turbines will be reduced. But this management approach will cause Lake Mead to fall more quickl, thereby reducing hydropower production at Hoover Dam and perhaps the quality of water withdrawn to southern Nevada. Water storage canโt be maximized in both reservoirs at the same time. Indeed, we are living in dry times!
[2] There are 12 included in Reclamationโs monthly 12-month study reports (Taylor Park, Blue Mesa, Morrow Point, Crystal, Fontenelle, Flaming Gorge, Navajo, Vallecito, Lake Powell, Lake Mead, Lake Mohave, and Lake Havasu).
Millions of dollars in federal funding has been released to continue restoring lands and streams in the fire-scarred Upper Colorado River Basin watershed in and around Grand Lake and Rocky Mountain National Park.
The roughly $4 million was frozen in February and released in April, according to Northern Water, a major Colorado water provider and one of the agencies that coordinates with the federal government and agencies such as the U.S. Forest Service to conduct the work.
Esther Vincent, Northern Waterโs director of environmental services, said the federal government gave no reason for the freeze and release of funds.
The amounts and timing of the freeze and release are being reported here for the first time.
U.S. Congressman Joe Neguse, who represents Grand County, did not respond to a request for comment regarding the funds.
The news comes as tens of millions of dollars in federal grants and budget allocations are being cut in Colorado and across the country as part of the Trump administrationโs reorganization of federal agencies and associated budget cuts.
In June, Gov. Jared Polisโ office released an accounting of federal money that has flowed to state agencies. That analysis showed the agencies were able to retain $282 million in funding, but that $76 million had been lost, and another $56 million is at risk.
Itโs unclear how much funding that flows through federal agencies to other Colorado entities and nonprofits such as those in the Upper Colorado River Basin, has been lost.
The U.S. Forest Service did not respond to a request for comment. The U.S. Bureau of Reclamation declined to comment on the funding actions.
In Grand County, $761,000 has been released from the U.S. Bureau of Reclamation to help move forward on a broad-based effort by the Kawuneeche Valley Restoration Collaborative, according to Northern Water. The valley has been damaged by drought, failing irrigation systems and overgrazing by wildlife and is a critical piece of the Colorado Riverโs upper watershed. The collaborative, established in 2020, is a major partnership of seven entities, including Northern Water, Grand County, the Nature Conservancy and Rocky Mountain National Park.
East Troublesome Fire. Photo credit: Northern Water
The $3.3 million in East Troublesome fire funding that has been released through the U.S. Forest Service will help restore the watershed around Grand Lake and land in Rocky Mountain National Park. The fire began in October 2020 and burned nearly 200,000 acres, making it the second largest fire in Colorado history.
The fire burned land that constitutes a sprawling water collection area for Northern Water, a major water provider that pipes Colorado River water from Grand County, under the Continental Divide and east to the Front Range, where it serves roughly 1 million residents of northern Colorado and hundreds of farms.
Steve Kudron, former mayor of Grand Lake who now serves as its town manager, said restoration work in both projects is critical to the economy and health of the historic tourist town, which lies at the western edge of Rocky Mountain National Park.
โThe biggest concerns that we had were closing parts of the forest because there hasnโt been sufficient cleanup. Some mountainsides are unstable,โ he said. โItโs the funding that makes it safe for the public to go into those areas. Thatโs why it was important to get the funding back.โ
A houseboat docks on the mudflats near Wahweap Marina during the summer of 2021, when reservoir levels dropped perilously low. Jonathan P. Thompson photo
If Lake Powell is like a big thermometer gauging the hydrologic health of the Upper Colorado River Basin, then itโs running a high fever.
In one case, the fever analogy is a bit too literal: The National Park Service has detected high concentrations of cyanotoxins in the reservoir around the mouth of Antelope Canyon, and is warning folks to limit their exposure to the water. Warm water is one of the drivers of cyanotoxin growth.
The surface level peaked out on June 19 at 3,562 feet above sea level, with about 7.8 million acre-feet of storage (or about one-third of its capacity). That means the big, white โbathtubโ ring on the sandstone cliffs has grown by about 27 feet in the past year, re-revealing some landforms and rendering some boat ramps unusable. Levels will continue to drop throughout the summer.
This is because more water is leaving the reservoir via downstream releases and evaporation than is flowing into it. Reservoir inflows during June were a mere 883,000 acre feet, or about 41% of the median inflows. Thatโs far lower than the last two years and is only marginally higher than in 2002, 2018, and 2021, some of the worst years on record. And with the water year three-fourths of the way done, only 4.2 million acre-feet has flowed from the Colorado River and its upstream tributaries into the reservoir, setting the stage for a water year total of just about 5.5 million acre-feet โ or 2 million acre-feet less than the minimum release from Glen Canyon Dam.
The only good news is that temperatures at the reservoir mostly have been in the 80s or 90s for the past several weeks, which is about normal for this time of year. Oh, and another sorta-kinda silver lining: As the reservoir levels drop, the surface area decreases, reducing the rate of evaporation. Yay?
Inflow volumes at Lake Powell have been pretty skimpy this water year, with June of 2025 delivering just 41% of the median flows for that month. 1983 was the biggest water year on record since Glen Canyon Dam was completed in 1963, and 2002 was the lowest inflows.
Meanwhile, many of the Colorado Riverโs users continue under the illusion that the Colorado River Compact and the Law of the River will trump nature and the reality of diminishing flows.
Take the Imperial Valley in southern California. The Imperial Irrigation District is the single largest water user on the river, consuming some 2.3 million acre-feet during the 2024 calendar year to grow various food crops and a lot of alfalfa. Thatโs about seven times more Colorado River water than all of southern Nevadaโs casinos, hotels, golf courses, and homes consume.
Bales of alfalfa in the Imperial Irrigation District of southern Calfornia, grown with Colorado River water. Photo by Brian Richter
But itโs also about 200,000 acre-feet less than the irrigation district consumed in 2013. Thatโs in part because some farmers are being paid to not irrigate or to irrigate less, often meaning they must fallow their fields, at least temporarily. And some of those farmers have chosen to lease their land โ about 13,000 acres โ to solar companies for utility-scale energy installations, allowing them to continue to make money off the land without further depleting the Colorado River.
Thanks to Dustin Mulvaney for tipping us off to this resolution on Bluesky.
That irks the Imperial Irrigation Districtโs board, which recently passed a resolutionโopposing the continued expansion of utility-scale solar projects on active or historically farmed agricultural landโ in the district. โOur identity and economy in the Imperial Valley are rooted in agriculture,โ said IID Board Chairwoman Gina Dockstader, in a written statement. โSolar energy has a role in our regionโs future, but it cannot come at the cost of our farmland, food supply, or the families who depend on agriculture. This resolution is about protecting our way of life.โ
The resolution doesnโt carry any legal weight, but the IID has a lot of influence, and could easily push the county to ban or heavily restrict solar installations on farmland as dozens of other counties across the nation have done.
Granted, taking land out of agriculture and irrigation has consequences. It can become a weed-choked, dust-spawning expanse. In the Imperial Valley, irrigation runoff feeds the Salton Sea. And, of course, you lose food production and farmworker jobs.
Nevertheless, the resolution seems somewhat short-sighted. It is based on the assumption that the IID will be able to flex its senior water rights in perpetuity, and never have to give up significant amounts of irrigation. It robs farmers of their private property rights, their ability to diversify their income sources, and an opportunity to conserve increasingly scarce water.
And, if the solar installations arenโt built there, they are likely to end up on public land in desert tortoise and other wildlife habitat that could require the removal of hundreds or even thousands of Joshua trees. Worse, it might result in new natural gas or even coal plants to meet the burgeoning demand for power driven by the proliferation of energy- and water-intensive data centers.
And on that note, thereโs Kanab, in south central Utah. Iโve driven through Kanab many a time, but usually I just roll on through, finding more of interest in Ordervilleor Fredonia or even Colorado City and Hildale. I mean, Orderville does have โHo-Made Pies,โ or so the sign declares, and was founded as a bastion of the United Order, the tenets of which were communalism, cooperation, and equal distribution of wealth.
Kanab, meanwhile, was notable to me only as the home of former Utah state representative Mike Noel, who was a Wise Use/Sagebrush Rebel leader of the early 2000s, and I wasnโt going to stop in for a cup of coffee โ er, a soda โ with the guy. So I failed to notice that the little community was not only growing, but sprawling into the surrounding red-rock desert in the form of upscale resorts and housing communities and even a brand new town. A friend sent me this video, which enthusiastically offers details:
There is, for example,ย Catori Canyonย โa premium housing development & luxury gated communityโ that โredefines modern indoor-outdoor living.โ Prices start at $450,000 โ for a bare lot. It also predictably has a pickleball court, which is what I think they mean when they say it โisnโt just home โ itโs a lifestyle.โ I call that real estate propaganda.
Andย Ventana Resort, which is on state trust lands and is described by the Utah Trust Lands Administration as an โambitious project that includes townhomes, affordable housing, nightly rentals, single-family homes, and even a hotel.โ The Kane County Water Conservancy District, headed by the aforementioned Mike Noel, had hoped to build a golf course on the land, but pickleball โ yes, the development has courts โ and four swimming pools won out, apparently. The townhomes are expected to begin at $650,000, according to theย Southern Utah News.
The new town? It was originally just a huge subdivision called Willow Preserve Estates, which received county approval (after the county had denied its proposed public infrastructure district). But apparently the developers werenโt content with the limits of the subdivision approval, so they petitioned the state toย incorporate their own municipalityย called Willow, which would allow them to approve their own PID with higher housing density. Kane County commissioners areย miffed. If the state approves the municipality, it will include 1,200 to 1,400 home sites along with commercial areas on a big parcel of land east of Kanab and just south of Hwy 89.
Thatโs a lot of homes; Kanab has about 2,000 households, and that doesnโt count Catori Canyon or Ventana Resorts, let alone Willow. And, if youโre like me, youโre wondering where these folks โ along with the other developments with their swimming pools and lawns โ are going to get their water.
It appears the answer is: wells. Kanab currently supplies its 5,000 residents with several groundwater wells and springs. Willow will likely get its water from Kane County Water Conservancy Districtโs Johnson Canyon system, which is also fed primarily by groundwater. Which is to say, they arenโt taking it directly out of the Colorado River system, but they are taking it indirectly from the system, since groundwater and surface water is all connected. Plus, aquifers all over the Colorado River Basin are being depleted by over-pumping. Pulling more out of them is not sustainable.
But thatโs not all. Kanab is also about to be home to two new ultra-exclusive resorts in a similar vein as Amangiri, the posh place frequented by the Kardashians and located just outside the (past and possibly present) polygamist community of Big Water, Arizona.
Canyon Country, my friends, is rapidly being gentrified.
Kaia, by Outdoor Citizen, bills itself as a โnew ultra-luxury RURAL EB-5 investment opportunity.โ That is, if youโd like to migrate to America, just fork out a million or so bucks for one of the 40 planned residences in Johnson Canyon outside Kanab and, voila!, you have permanent U.S. residency. In Europe they call that a โgolden passport.โ The projectโs developer is FirstPathway Partners, whose sole purpose is to facilitate these EB-5 visas.
Kaia, by Outdoor Citizen, bills itself as a โnew ultra-luxury RURAL EB-5 investment opportunity.โ That is, if youโd like to migrate to America, just fork out a million or so bucks for one of the 40 planned residences in Johnson Canyon outside Kanab and, voila!, you have permanent U.S. residency. In Europe they call that a โgolden passport.โ The projectโs developer is FirstPathway Partners, whose sole purpose is to facilitate these EB-5 visas.
Kaiaโs website says the development โฆ
Yeah, the BLM land might be protected for now. But a warning to the rich folks that might want to invest: Utah politicians are leading the charge to turn that lovely โGreenbeltโ of public land over to housing developers. So instead of those fetching red rocks, you might one day have a view of a subdivision out your giant front window. And if Sen. Mike Lee and his ilk canโt sell the public land straight out, the Trump administration might just fast-track a uranium or coal mine, AI-crunching data center, or oil and gas development in that greenbelt just a few hundred meters from your luxury home.
Late light on Glen Canyon rock formations. Jonathan P. Thompson photo.
Sensitive satellite-based instruments enable scientists to measure relative variations of Earthโs gravitational field. Data gathered by NASAโs Gravity Recovery and Climate Experiment (GRACE) is used in a new study to show that many continental regions are experiencing long-term aridification. Credit: NASA/JPL/University of Texas Center for Space Research
The Rundown
President Trumpโsย budget billย targets a few water projects while eliminating some climate and environment programs.
Agencies move to constrainย environmental reviewsย under NEPA.
EPA says it will loosenย wastewater pollution rulesย for thermal power plants later this summer.
GAO reviewsย NASAโs major projects, including the third generation of a water-tracking satellite.
EPA intends to take public comments on its idea to narrowย state and tribal reviewsย under Section 401 of the Clean Water Act.
White House orders higher fees for foreign tourists visitingย national parks.
And lastly, EPAโs internal watchdog notes the risks of rising seas to federally owned Superfund sites.
โIf contaminants from federal facility Superfund sites are released into the surrounding communities, the health, jobs, and environment of millions of U.S. residents may be threatened. Further, the federal funds expended to implement those remedies would have been wasted.โ โ Report from the EPA Office of Inspector General that identifies 49 federally owned Superfund sites at risk of flooding from rising seas and increased storm surge.
By the Numbers
$658 Million: Expected baseline cost of the third generation of NASAโs satellite mission that measures changes in the planetโs water storage. The GRACE-C mission is scheduled for July 2029, according to a Government Accountability Office review of NASAโs major projects. Operating for more than two decades, the GRACE satellites have been instrumental in tracking global groundwater depletion.
News Briefs
NEPA Overhaul Cabinet and other agencies โ including the Interior Department, U.S. Department of Agriculture, and Army Corps of Engineers โ announced they will revise their rules for environmental reviews of major projects and prioritize shorter and quicker assessments of potential harms.
The agencies are shortening the administrative timeline for implementing a new rule, arguing that the standard notice-and-comment process would be an unnecessary delay and โcontrary to the public interest.โ
The Council on Environmental Quality, the White House arm that traditionally oversees NEPA, revoked its regulations in April in response to an executive order promoting domestic energy production. The agencies, now seeking faster, more efficient reviews, are establishing their own rules.
Besides the arrival of the new administration, recent legal rulings have also rearranged the playing field for environmental reviews.
In justifying its action, each agency cited the U.S. Supreme Courtโs ruling in May in Seven County Infrastructure Coalition v. Eagle County, Colorado. That ruling, in a case which centered on a railroad line in Utah for crude oil, allowed for narrowly focused environmental reviews that assess only a specific project and not the actions โ like upstream oil drilling and downstream oil refining โ it would enable.
Among the few call outs: The bill delivers $1 billion for surface water storage and water conveyance in the western United States. The money is for projects that increase or restore capacity of Bureau of Reclamation water conveyance systems or increase their use. Increasing reservoir storage capacity โ such as raising Shasta Dam, a Republican-driven idea thatโs been on the table for years โ is also acceptable. The money is available through September 30, 2034.
More broadly, climate and environment programs were chopped. Unobligated Inflation Reduction Act funds โ those not yet committed to a recipient โ were yanked back for programs on climate data, environmental justice block grants, reducing air pollution at schools, and more.
National Parks Fees President Trump ordered the Interior Department to increase national park entry fees for foreign visitors. The additional revenue would be channeled to infrastructure improvements at the parks or to increase park access.
Still Storm Watching, For Now NOAA said it would delay by one month the termination of certain storm-tracking satellite data, the Associated Press reports.
Studies and Reports
Superfund Sites at Risk from Rising Seas The federal government owns 157 Superfund sites. Forty-nine of those sites are at risk of flooding from rising seas and increased storm surge.
The assessment comes from the EPAโs internal watchdog, which published the report to draw attention to federal liabilities related to climate change and the nationโs most toxic sites.
The at-risk Superfund sites are clustered at military sites around Chesapeake Bay, Puget Sound, and San Francisco Bay.
Arizona Groundwater Assessment The U.S. Geological Survey published a report on water quality in the Coconino aquifer in northern Arizona, where it could be a water source for the Hopi Tribe and Navajo Nation.
On the Radar
Water Quality Permitting The EPA is considering a rulemaking that would narrow the scope of Clean Water Act reviews undertaken by states and tribes.
These Section 401 reviews have been a target of the Trump administration. Energy companies complain that states have used their review authority to block fossil fuel infrastructure such as natural gas pipelines.
Before the rulemaking, the EPA is asking for public input. The agency opened a docket for written submissions, and it will hold two online events at a time to be announced.
File written comments at www.regulations.gov using docket number EPA-HQ-OW-2025-0272. The deadline is August 6.
Another Slogan Commission Through an executive order, President Trump established the Presidentโs Make America Beautiful Again Commission.
The commissionโs objectives โ โpromote responsible stewardship of natural resources while driving economic growth; expand access to public lands and waters for recreation, hunting, and fishing; encourage responsible, voluntary conservation efforts; cut bureaucratic delays; and recover Americaโs fish and wildlife populations through proactive, voluntary, on-the-ground collaborative conservation effortsโ โ in some ways conflict with the administrationโs desire to cut budgets and greenlight fossil fuel projects.
One of the commissionโs charges is to recommend to the president โsolutions to expand access to clean drinking water and restore aquatic ecosystems to improve water quality and availability.โ Stay tuned.
Power Plant Wastewater Lee Zeldin, EPA administrator, said his agency later this summer will relax wastewater pollution rules for thermal power plants that burn fossil fuel and nuclear fuel.
The Biden administration placed stricter limits on these wastewater discharges last year. In a press release, Zeldin said compliance deadlines would be extended. The agency will also reconsider technological requirements for preventing polluted discharges.
Federal Water Tap is a weekly digest spotting trends in U.S. government water policy. To get more water news, follow Circle of Blue on Twitter and sign up for our newsletter.
Mapping the Grand Canyon. In this photo we have Claude Birdseye (right) – expedition leader and Chief Topographic Engineer of the USGS, and Roland Burchard (left) – expedition topographer. Photo credit: USGS
Click the link to read the article on the Big Pivots website (Allen Best):
June 30, 2025
Becky Mitchell and Doug Kenney had much to say at Crested Butte. Just as important may have been what they did not say.
The apple cart of the Colorado River has been upset for 25 years, and Doug Kenney and Becky Michell were on stage June 24 at the Crested Butte Public Policy Forum to talk about the bruised apples.
Thereโs broad understanding that what worked in the past wonโt work in the future. As to what will work โ ah, well, that has yet to be resolved. โSo far, we havenโt really been able to pull the demands down as quickly as supplies have been going down,โ said Mitchell.
Adding tension to the conversation is another so-so or worse spring runoff in the river. Despite a decent snow year in northern Colorado, yet another early, warm and mostly drier-than-usual spring has produced an anemic projected runoff of a little over 9 million acre-feet. Average runoff into Lake Powell has been 12 million in recent years. The compact governing the river between the three lower-basin states and the four upper basin states assumed at least 20.
Douglas Kenney. Photo credit: University of Colorado Boulder
Kenney directs the Western Water Policy Program at the University of Colorado Boulderโs Getches-Wilkinson Center. The program puts on a conference each June that is considered one of several must-attend events for those drawn to the unceasing drama about Coloradoโs namesake river.
The river and its tributaries provide water for farms almost to Kansas and Nebraska and, on the west side, to 23 million people crowded along the Pacific Ocean in southern California.
In Crested Butte, Kenney said that unlike other people in Colorado River discussions, whether they represent environmental or agriculture organizations, he enjoys a rare freedom. โI tell people sometimes, I donโt have a dog in the fight, and by that, I just mean I donโt have to represent an interest.โ
Then he added: โThatโs not entirely true.โ He went on to confess that when he sees the Colorado River โsometimes it gives me goosebumps. And Iโm not a goosebumps sort of guy.โ
Coloradoโs Becky Mitchell had a hearty laugh at the 2024 Getches-Wilkinson Centerโs Colorado River conference. Photo/Getches-Wilkinson Center
Mitchell shared that she was a โsolid B studentโ who had grown up in Hawaii before arriving in Colorado to pick up two degrees at the Colorado School of Mines. She worked primarily as a consulting engineer before becoming the director of the Colorado Water Conservation Board. In 2024, Gov. Jared Polis named her to a new position in Colorado government: the stateโs negotiator on Colorado River issues. Unlike others in such roles, sheโs not a lawyer.
โOften I think of everything as a math problem,โ she said. โAnd a lot of what you see with the Colorado River is a math problem. Itโs kind of simple math, almost like just addition and subtraction, not even algebra or multiplication.โ
The two provided a high-level, yet sometimes detailed overview of the Colorado River during their hour on stage. However, students of the Colorado River, especially about the dramas, might have wanted another hour and the opportunity to ask additional questions.
For example, what do they make of the so-called โnatural flow proposalโ that was first formally discussed at a public meeting earlier that day in Arizona. As reported by the Las Vegas Review-Journal, this would base the release of water from Lake Powell on a three-year average of the โnatural flowsโ of the river.
In their comments at Crested Butte, Mitchell and Kenney both broadly identified the need for the river to be shared in ways aligned with what Mother Nature is delivering, not a century-old compact.
Later, at a different meeting, Mitchell had this to say: โWhat we know today is that for any approach to work, it must be supply driven, perform well under both dry and varying hydrologies, and adapt to uncertain future conditions fundamental to this โdivorce,โ or how we call it in Colorado, the conscious uncoupling.โโ
Others might have asked Mitchell about the tensions behind the closed-door sessions โ and the things that Kenney mentioned she could not really talk about in a public forum.
Or about the amount of water used to grow hay, including alfalfa, and other fodder crops for livestock. A 2020 study published in Nature Sustainability found that 55% of the water in the Colorado River Basin altogether goes to crops to feed primarily cattle. In the upper basin, itโs much higher.
Mitchell and Kenney did talk about Mead and Powell, the two big reservoirs in the basin, as all Colorado River conversations must.
โThose are the two biggest reservoirs in the United States, and they happen to fall on a river thatโs not even one of the top 20 biggest rivers in the U.S. in terms of volume,โ observed Kenney. The reservoirs were close to full 25 years ago. Now, theyโre two thirds empty. โOptimists would say one-third full,โ he said.
If you have more water going out than you have coming in, he explained, you have a mass balance problem. โThatโs happening 8 out of 10 years. More water leaves than is coming into the reservoirs under guidelines adopted in 2007. Those interim guidelines govern operations, including how much water is released from the reservoirs and when.
โWhen we talk about Big River issues right now, the Big River issue is getting the system into balance and bringing back the sustainability of the system,โ Kenney explained.
Management of the reservoirs was premised on meeting demand. To be more precise, demands of the lower-basin states. Until relatively recently, the lower-basin states were taking an average 10 million acre-feet even if the river delivered only 5 to 10 million acre-feet for the entire basin. Having two big reservoirs upstream allowed them to ignore the winters of scant snow in the headwaters and the rising spring temperatures that spiked evaporation and transpiration.
The first big shock was in 2002, when the river delivered only 3.8 million acre-feet. That was bad, very bad. But the reservoirs still had a lot of water. And there had been bad snow years before. In 1934, for example, the river delivered only 3.9 million acre-feet. And in 1977, a cold but uncommonly snowless winter, it had delivered 4.8 million acre-feet.
By May 2022, Lake Powell had dropped to the lowest levels since the 1960s, when it began filling after construction of Glen Canyon Dam.ย Photo/Allen Best
A big snow year did not soon follow 2002, so the states, guided by the Bureau of Reclamation, came up with a sort-of short-term set of solutions called the 2007 Interim Guidelines. Those guidelines remain in effect but are to be replaced with new guidelines. Thatโs a way of saying how the river is to be managed and, more precisely, who gets what and when. Theyโre called the post-2026 guidelines.
As were the 2007 guidelines, these will be interim, because the hydrology of the Colorado River Basin is not static. It is changing, with some concern that the river, already slimmed down from its 20th century average, will continue to shrink. The Colorado River Compact that was devised in 1922 to apportion the riverโs waters assumed somewhere around 20 million acre-feet. This century the average has been 12.5 million acre-feet.
โThe math problem is becoming worse,โ said Kenney.
It will likely worsen. Some scientists have projected a further decline in decades ahead, conceivably to an average 10 million acre-feet or less.
How to shrink demands to correspond with the shrinking river?
Mitchell offered some thin optimism. Demands have ceased to rise. They have actually declined. The lower-basin states have reduced their take from the river to 7.5 million acre-feet.
Thatโs what the compact apportioned. But again, the compact from 1922 was flawed. It assumed more water than the river has delivered. Because of the two big reservoirs in the deserts of Utah and Arizona, the lower-basin states have been able to get their 7.5 million acre-feet (and more, until relatively recently). Arizona and California take way more than half of the riverโs harvest. And because the upper-basin states were not taking their full allocation, they could get away with it without causing harm.
The 21st century combined with the aridification caused by rising temperatures have forced the issue. Even so, the reckoning has come slowly. The lower basin states did not reduce demand to stay within the compact until forced to by a declared shortage in August 2021.
While the decision was not a surprise to veteran Colorado River watchers, it vaulted the Colorado River troubles high into the national consciousness. The story ran on the front page of the New York Times: โIn a First, U.S. Declares Shortage on the Colorado River, Forcing Water Cuts.โ Arizona farms took the brunt of this declaration, but as the Times noted, wider reductions loomed as climate change continues to affect flows into the river.
The upper-basin states have been averaging 4.4 to 4.5 million acre-feet, far less than the 7.5 million acre-feet apportionment in the compact. How much they take depends upon how much it snows and rains.
โWe have highs and lows because of hydrology. That can shift a lot. A really good example is from 2021 to 2022. Our use was 4.9 (million acre-feet), and then it went down to 3.9 the following year. That wasnโt because weโre amazing people.โ
It was, Mitchell explained at Crested Butte, as she does in all of her talks, because the upper basin is limited by what Mother Nature actually delivers. The upper basin has no big dams upstream to serve as an aqua bank account. It has to moderate demand based on what kind of snow โ and rain โ year occurs.
Some 92% of all the water in the Colorado River originates in the upper basin states, including the Yampa River, seen here emerging from Cross Mountain Canyon in northwest Colorado. Photo/Allen Best
When thereโs insufficient water, the state engineer in Colorado and his district engineers cut off water users, mostly ranchers irrigating grasses.
The compact struck among the four-upper basin states in 1948 used a more common-sense approach for how to allocate the 7.5 million acre-feet in the 1922 compact. It allocated the water among the four states based on proportions. Colorado gets a little more than half โ and uses most of it. Wyoming has never come close to developing its share. Regardless, the rule of percentages makes sense for an uncertain hydrology.
โWe realized real quickly that Mother Nature reigned supreme,โ said Mitchell. I would be in big trouble if I said the lower basin should do the same. I think they should, but theyโre not there yet.โ
Mitchell used an analogy to describe the difficult transition for the lower basin. It is much harder to take candy from a baby after they have it,โ she said.
โItโs going to be hard for them, and my heart goes out to them. But we have an example up here of how it works. Seniors work with juniors,โ she explained, using the shorthand for senior and junior water uses under the prior appropriation system governing water use in Colorado and most Western states. Ag works with environment interests, utilities with agriculture, and so on. They cut deals in advance of water-short years.
โWe have examples of how to make it work. You have a budget. You have to work within it. Thatโs the deal. And sometimes that budget might fluctuate.โ
โWeโve not lost all of our junior water-right holders in Colorado because of one bad year or two bad years or three bad years, in a row, because we figure out how to make it work. And what we are saying to the lower basin is figure out where the deals are to be made.
And she drew upon her childhood for another dynamic.
โWhat my mom always said is, you can have anything you want, but you canโt have everything you want.โ
Translated to the lower basins, that means โyou canโt have chip factories and the largest agriculture in the world and golf courses and pools and Scottsdale and whatever. You can have the capability to have a strong economy, a sustainable system. You just canโt have it all.โ
The federal government, through the Bureau of Reclamation, an agency housed within the Department of Interior, built the dams. Reclamation manages the dams. As Mitchell said, they turn the spigots. The onus is on the states to create a solution, an agreement of how to share the shrinking river, but the federal government could step in, if forced to. Mitchell said the feds donโt want to.
โThey really want a consensus deal with the seven states,โ she said. Thatโs a hard thing, because thereโs no way to do this without change. The math is the math. The facts are the facts. Thereโs not the 50 million acre-feet in these reservoirs that there were when these (2007) guidelines started. And so the consensus is harder.โ
Mitchell said she wouldnโt disparage those who created the now obviously flawed 2007 guidelines. Climatologists had suggested only a 3% probability of the runoff that has happened since then would come to pass.
โWhat weโre trying to create through this federal process is something that can handle all the hydrologies. How do we all suffer when the river is suffering? How do we all benefit when the river is flush? And what does benefit look like? Thatโs different in the upper basin than in the lower basin.โ
The federal government in this case has been nudging the states toward agreement.
โTheyโre trying to say, โYou know, you might be able to open up different project funding if you guys can get to a deal.โ We know we need a deal. Iโm not going to promise you that weโre going to get there, but it is a goal. And (the federal agencies) are part of that goal. They donโt want to make the hard decisions of cutting people off. They are the water masters in the lower basin. They can turn the valves, and thatโs their role.โ
Added Kenney: โTypically the states are happiest when the federal government is silent, (but) sometimes itโs helpful to have a federal government that is throwing out some ultimatums and some deadlines and some threats.โ
In the last six months, the federal involvement in the negotiations has grown, and it might grow yet. But a big part of the process โ as Mitchell had said โ is that the states need to be coming up with their wish list for Congress for consideration next spring.
โSo there is a federal role,โ Kenney summarized. โIt evolves based on how the states are doing. But the tradition is you want the feds to stay away until itโs time for someone to write the check.โ
MItchell had the last word. She again pointed to the meager runoff from this yearโs upper-basin rivers, source of 92% of the riverโs water. Runoff is projected at a little more than 5 million acre-feet into Powell, which is to release 7.48 million acre-feet to the lower basin.
Again, itโs a match problem. And it could get worse.
โIf next year looks anything like this year, or even as a 12 million acre-foot river, actions absolutely have to be taken., and those actions are going to be greater than anybody has put on the table voluntary.โ
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2024. Credit: Brad Udall