As the Colorado basin grapples with climate change, shortages and declining reservoir levels, we revisit one of the critical legal milestones in the evolution of “the Law of the River.”
As Utah pushes forward with its proposed Lake Powell Pipeline – an attempt move over 80,000 acre feet per year of its Upper Colorado River Basin allocation to communities in the Lower Basin – it is worth revisiting one of the critical legal milestones in the evolution of what we have come to call “the Law of the River.”
The division of the great river’s watershed into an “Upper Basin” and “Lower Basin”, with separate water allocations to each, was the masterstroke that allowed the successful completion of the Colorado River Compact in 1922. But the details of how that separation plays out in water management today were not solidified until a little-discussed U.S. Supreme Court ruling in 1955, in the early years of the decade-long legal struggle known as “Arizona v. California.”
Most, if not all, of the small army of lawyers, engineers, water managers, board members, academics, tribal officials, NGO representatives, and journalists now actively engaged in Colorado River issues are familiar with the 1963 Arizona v. California Supreme Court decision. It was Arizona’s great legal victory over California that cleared the road for the Congressional authorization and construction of the Central Arizona Project (CAP). Many in the ranks are also quite familiar with Simon H. Rifkind, the court-appointed Special Master who conducted lengthy hearings and worked his way through a mountain of case briefs and exhibits before writing his 1960 master’s report that set the stage for the court’s decision. Few of us, however, are familiar with George I. Haight. Haight was the first special master in the case, appointed on June 1st, 1954. He died unexpectedly in late July 1955. Two weeks before his death he made a critical decision that was upheld by the Supreme Court and set the basic direction of the case. Today, as the basin grapples with climate change, shortages, declining reservoir levels, and most recently, Utah’s quest to build the Lake Powell Pipeline exporting a portion of its Upper Basin water to the Lower Basin to meet future needs in the St. George area, Haight’s forgotten opinion looms large.
In late 1952 when Arizona filed the case, it was about disputed issues over the interpretation of both the Colorado River Compact and the Boulder Canyon Project Act. Among its claims for relief, Arizona asked the court to find that it was entitled to 3.8 million acre-feet under Articles III(a) & (b) of the compact (less a small amount for Lower Basin uses by New Mexico in the Gila River and Utah in the Virgin River drainages), that under the Boulder Canyon Project Act California was strictly limited to 4.4 million acre-feet per year, that its “stream depletion” theory of measuring compact apportionments be approved, and that evaporation off Lake Mead be assigned to each Lower Division state in proportion to their benefits from Lake Mead. California, of course, vigorously opposed Arizona’s claims. One of California’s first moves was to file a motion with Haight to bring into the case as “indispensable” parties the Upper Division states; Colorado, New Mexico, Utah, and Wyoming. California’s logic was that the compact issues raised by Arizona impacted both basins and every basin state (history has shown California was right on).
The Upper Division states were desperately opposed to participating in the case. Backing the clock up to the early 1950s, these states, including Arizona, had successfully negotiated, ratified, and obtained Congressional approval for the Upper Colorado River Basin Compact. They were now actively seeking Congressional legislation for the Colorado River Storage Project Act (CRSPA), the federal law that would authorize Glen Canyon Dam (Lake Powell) and numerous other Upper Basin projects. Upper Basin officials feared that if they became actively involved in Arizona v. California, California’s powerful Congressional delegation would use it as an excuse to delay approval of CRSPA (as it had successfully done with the CAP). Thus, these states and their close ally, Arizona, opposed California’s motion.
The basis of their opposition was relatively simple; Under the compact, except for the Upper Basin’s obligations at Lee Ferry, the basins were separate hydrologic entities, the issues raised by Arizona were solely Lower Basin matters, and that Arizona was asking for nothing from the Upper Division states. Their strategy worked. In a July 11, 1955 opinion, Haight recommended California’s motion be denied. By a 5-3 decision, the Supreme Court upheld his recommendation and, except for Utah and New Mexico as to their Lower Basin interests only, the Upper Division states were out of the case. The Upper Division states cheered the decision. Arizona’s crafty Mark Wilmer devised a new litigation strategy built on Haight’s logic and ultimately his successor, Simon Rifkind, ruled that there was no need to decide any issue related to the compact. For more details, see Science Be Dammed, Chapter 15.
In convincing Special Master Haight to deny California’s motion, Arizona and the Upper Division states turned him into an ardent fan of the Colorado River Compact. Haight opined “The compact followed years of controversy between the states involved. It was an act seemingly based on thorough knowledge by the negotiators. It must have been difficult of accomplishment. It was the product of real statesmanship.” In justifying his decision, he found “The Colorado River Compact evidences far seeing practical statesmanship. The division of the Colorado River System waters into Upper and Lower Basins was, and is, one of its most important features. It left to each Basin the solution to that Basin’s problems and did not tie to either Basin the intra-basin problems of the other.” A few pages later, he says “The Compact, by its terms, provides two separate groups in the Colorado River Basin. Each of these is independent in its sphere. The members of each group make the determinations respecting that group’s problems,” and finally “because by Article III of the Colorado River Compact there was apportioned to each basin a given amount of water, and it is impossible for the Upper Basin States to have any interest in water allocated to the Lower Basin States.”
Fifty five years later, how would Special Master Haight view the problems the Colorado River Basin is facing where climate change is impacting the water available to both basins, through the coordinated operation of Lakes Mead and Powell the basin’s drought contingency plans are interconnected, critical environmental resources in the Grand Canyon, located in the Lower Basin, are impacted by the Upper Basin’s Glen Canyon Dam, and most recently two states, New Mexico and Utah, have found it desirable to use a portion of each’s Upper Basin water in the Lower Basin? With one major exception, I think he would be pleased. Haight understood that through Article VI, the compact parties had a path to resolve their disputes and implement creative solutions. The first part of Article VI sets forth a formal approach where each state governor appoints a commissioner, the commissioners meet and negotiate a solution to the issue at hand and then take the solution back to their states for legislative ratification. This formal process has never been used, but luckily, Article VI also provides an alternative. The last sentence states “nothing herein contained shall prevent the adjustment of any such claim or controversy by any present method or by direct future legislative action of the interested states.” After Arizona refused to ratify the compact in the 1920s Colorado’s Delph Carpenter successfully used federal legislation to implement a six-state ratification strategy (the Boulder Canyon Project Act).
The exception that would concern Haight is Utah’s unilateral decision to transfer about 80,000 acre-feet of its Upper Basin water to the Lower Basin via the Lake Powell Pipeline. The LPP violates the basic rationale that Haight used to keep the Upper Basin out of Arizona v. California and for which Utah and its sister Upper Division states fought so hard. The project uses water apportioned for exclusive use in the Upper Basin, terms carefully defined by the compact negotiators, to solve a water supply problem in the Lower Basin.
Defenders of Utah’s may believe a precedent has already been set– the Navajo-Gallup Pipeline, which delivers 7,500 acre-feet of New Mexico’s Upper Basin water to the community of Gallup and areas of the eastern Navajo Nation. But if that is to be cited as a precedent, it comes with an important caveat. New Mexico addressed the compact issues through federal legislation with the participation and consent of the other basin states and stakeholders. Utah, by comparison, apparently believes federal legislation, and by implication the consent of others in the basin, is not needed.
In the face of climate change induced declining river flows and increased competition for the river’s water, there is no question that the basic compact ground rules devised by the negotiators a century ago will face increasing pressure. There will likely be more future projects and decisions that, like the LPP, will challenge the strict language of the compact. The question now facing the basin is how will this revisiting be accomplished? Will it be done in an open and transparent manner that engages not just the states, but a broad range of stakeholders and implemented through legislation (not easy in today’s world, as a practical matter it requires no opposition from any major party to get through the Senate) or by a series of unilateral decisions designed to benefit or advantage individual states or specific entities, but with no input or buy-in from the basin as a whole?
If, like me, you live in Los Angeles — or Denver, Las Vegas, Phoenix or Salt Lake City — you drink water from the Colorado River. You probably eat vegetables grown with Colorado River water, and maybe you eat beef fed on alfalfa grown with Colorado River water. When you switch on a light or charge your phone, some of the electricity may be generated by Colorado River water.
The Colorado, in other words, makes life possible in the American West.
Nowhere is that more true than the Imperial Valley, a sun-baked desert in California’s southeastern corner where around 500 landowning families use Colorado River water to grow much of the country’s winter vegetables. I’ve spent lots of time there as a reporter. It’s a tragic and beautiful place. Beautiful in the way the sunlight glints across a lattice of irrigation canals that crisscross endless green farm fields, and tragic in the widespread poverty and pollution that undergird a lucrative agricultural economy.
And more recently, tragic because Imperial County has California’s highest per capita rate of COVID-19 cases.
In terms of water, the valley is especially important because the Imperial Irrigation District holds a right to an astounding 3.1 million acre-feet of the Colorado River’s annual flow. That’s roughly 20% of all the river’s water allocated across seven western states. It’s about two-thirds of California’s stake in the Colorado, and as much as Arizona and Nevada receive combined.
Climate change, meanwhile, is diminishing the river’s flow, which is especially worrying because longstanding legal agreements already promise western states more water from the Colorado than is typically available, as John Fleck and Eric Kuhn detailed in a recent book. There’s a reckoning coming, unless cities and farm districts across the West band together to limit consumption.
The coming dealmaking will almost certainly need to involve the river’s largest water user, the Imperial Irrigation District.
But at the moment, it’s unclear to what extent the district actually controls the Imperial Valley’s Colorado River water.
That was the issue debated in a San Diego courtroom last week, or at least a video conference standing in for a courtroom. A three-judge appellate court panel heard arguments from lawyers for the irrigation district and landowning farmer Mike Abatti, who sued the agency to overturn a water apportionment plan that he says would unjustly limit his use of water for irrigation.
Who is Mike Abatti? As a reporter for the Desert Sun in Palm Springs, I spent many months investigating his enormous influence in the Imperial Valley. I discovered a pattern of government officials with ties to Abatti making decisions that advanced his financial interests — including a public agency that awarded a $35-million energy contract to a company led by Abatti, and a district attorney who publicly cleared Abatti of wrongdoing on the energy contract after describing him as a “good friend.”
I also found that the trial court judge who presided over Abatti’s water lawsuit against the Imperial Irrigation District — and ruled in his favor — had a long history of business and social ties to the Abatti family.
In a sweeping decision, Judge L. Brooks Anderholt found that Imperial Valley farmers hold a “constitutionally protected property right” to the region’s Colorado River water, and that the irrigation district’s elected board members have a limited ability to reduce deliveries to agricultural users. Anderholt’s ruling seemed to tilt the balance of power from the district to landowning farmers…
Lawyers for both sides focused their arguments on the central question of who controls the water.
Abatti’s attorney, Cheryl Orr, said farmers have a right to however much water they “reasonably need” to cultivate their crops, based on past use. (Farmers currently use 97% of the Imperial Valley’s water.) Orr told the judges that under established law, farmers “have a priority of water that is different and higher than just an ordinary use,” such as household drinking water.
The irrigation district board “just unilaterally determined that they were going to reorder the priorities and put agriculture at the bottom of the list,” Orr said. “They’re treating farmers as customers of the water district. And they’re not customers.”
Irrigation district attorney Jennifer Meeker countered that the agency’s elected board members have wide latitude in how they apportion water, so long as they don’t cut off deliveries to farmers. A constitutionally protected property right, she said, would give farmers “a first grab at the water to fulfill all of their past use, and then whatever’s left can go to anybody else.”
“If you get to a point where there is such a shortage that there just simply is not enough water, everybody is going to end up being curtailed,” Meeker told the judges. The irrigation district’s elected board, she said, “has the right and the discretion” to develop a plan for spreading water cutbacks fairly among farmers, cities and industrial users such as geothermal power plants.
Whichever side wins, the outcome is liable to radiate outward across the West, like a stone creating ripples in a reservoir.
More control for the landowning farmers could make future Colorado River negotiations more difficult — or make it harder for growing cities to acquire water supplies that rightfully belong to the Imperial Valley, depending on how you look at it.
It’s not just Abatti’s lawsuit that could affect Imperial’s role in high-stakes Colorado River negotiations. Local politics are an important factor, too. In April, I wrote about a contentious election for a seat on the irrigation district board. The campaign has fueled rampant speculation over which candidates might secretly be backed by which local power brokers — including Abatti.
Use of Colorado River water in the three states of the river’s lower basin fell to a 33-year low in 2019, amid growing awareness of the precarity of the region’s water supply in a drying and warming climate.
Arizona, California, and Nevada combined to consume just over 6.5 million acre-feet last year, according to an annual audit from the Bureau of Reclamation, the federal agency that oversees the lower basin. That is about 1 million acre-feet less than the three states are entitled to use under a legal compact that divides the Colorado River’s waters.
The last time water consumption from the river was that low was in 1986, the year after an enormous canal in Arizona opened that allowed the state to lay claim to its full Colorado River entitlement.
States have grappled in the last two decades with declining water levels in the basin’s main reservoirs — Mead and Powell — while reckoning with clear scientific evidence that climate change is already constricting the iconic river and will do further damage as temperatures rise.
For water managers, the steady drop in water consumption in recent years is a signal that conservation efforts are working and that they are not helpless in the face of daunting environmental changes.
“It’s quite a turnaround from where we were a decade ago and really, I think, optimistic for dealing with chronic shortages on the river in the future, knowing that we can turn the dial back and reduce demand significantly, all three states combined,” said Bill Hasencamp, the manager of Colorado River resources for the Metropolitan Water District of Southern California, a regional wholesaler and one of the river’s largest users.
Observers of the basin’s intricate politics are also impressed with the trend lines for a watershed that irrigates about 5 million acres of farmland and provides 40 million people in two countries and 29 tribal nations with a portion of their water.
“It is an incredibly important demonstration of the fact that we can use less water in this incredibly important water-use region,” John Fleck told Circle of Blue. Fleck is the director of the University of New Mexico water resources program.
Projections for 2020 indicate that conservation will continue, though not quite at last year’s pace. Halfway through the year, the Bureau of Reclamation forecasts water consumption to be roughly 6.8 million acre-feet. An acre-foot is the amount of water that will flood an acre of land to a depth of one foot, or 325,851 gallons.
“I have to give them credit,” Jennifer Gimbel, a senior water policy scholar at Colorado State University, told Circle of Blue about the lower basin states. “They’re working hard to get these numbers.”
Raising Lake Mead
Just five years ago, in 2015, the three states were making use of their entire 7.5-million-acre-foot allotment. By statute and tradition, the basin is divided into a lower basin, where use is higher, and an upper basin, which includes Colorado, New Mexico, Utah, and Wyoming. The basins have different water allocation systems and rules governing its use.
In the lower basin, Arizona’s annual allocation is 2.8 million acre-feet, but last year it used just 2.5 million. Nevada used 233,000 of its 300,000 acre-feet. The big savings were in California, which used only 3.8 million of its 4.4 million acre-feet. California hasn’t used that little water from the Colorado since the 1950s, Fleck said.
The drop in California last year is due in large part to Metropolitan Water District, which consumed only 537,000 acre-feet. Five years ago, the district’s tally was around 1 million acre-feet per year. Urban conservation and development of local water sources have played a large role in the decline, but the district’s Colorado River water use is also influenced by snow levels in the Sierra Nevada mountains. When more water is available to be imported from the northern part of the state, as it was last year, the district leans less heavily on the Colorado River.
Reclamation’s annual audit measures the amount of water consumed by humans, plants, and animals in the lower basin. Consumptive use equals total withdrawals minus any water that is returned to the river system, from irrigation runoff or wastewater treatment plants.
As meticulous as it is, the audit neglects a significant piece of the basin’s water budget: evaporation from reservoirs and system losses, which is water consumed by riverside vegetation and absorbed by the ground. Together, these add up to about 1 million acre-feet per year, Jeremy Dodds, water accounting and verification group manager for Reclamation, told Circle of Blue.
This factor is part of the lower basin’s “structural deficit,” which means that total demand in the lower basin — use by Arizona, California, and Nevada, plus evaporation and required deliveries to Mexico — exceeds the amount of water that flows into Lake Mead, the lower basin’s supply source.
Gimbel, who was the principal deputy assistant secretary for water and science for the U.S. Department of Interior from 2014 to 2016, said that despite the conservation efforts reflected in the audit, the lower basin still has much work to do. “They’re closing the deficit, but they’re not there yet,” she said.
The goal of the lower basin’s conservation is to keep Lake Mead from a precipitous decline into “dead pool” territory, where the reservoir is too low to send water downstream. The dead-pool threshold is at elevation 895 feet. Not using 1 million acre-feet last year most certainly helped the reservoir. Dodds said that at the current elevation of 1,089 feet, each block of 85,000 acre-feet equals 1 foot of elevation. So last year’s conservation added 12 feet to Mead, compared to a scenario in which the three states use their full entitlement.
The conservation tool box that the states have employed has a range of instruments. Cities have provided incentives to remove grass lawns and replace inefficient toilets, showerheads, and washing machines. In Imperial Irrigation District, farmers have lined earthen canals with concrete to prevent seepage and they have agreed to fallow land to save water. Those measures, in both town and country, have helped to reduce demand. Supplies, on the other hand, have been bolstered by more investment in recycling and reuse, groundwater treatment, and desalination. As a whole, the seven states in the watershed came together in 2019 to modify rules for mandatory water-use restrictions that kick in as Lake Mead drops.
The decline in Colorado River water consumption mirrors regional and national trends. In Metropolitan Water District’s service area in Southern California, water use per person fell from about 181 gallons per person per day in the mid-1990s to 131 gallons in 2018, a drop of 27 percent. Colorado River consumption on the Colorado River Indian Tribes reservation, in Arizona, is down about 20 percent since 2016.
According to Tom Ley, a water consultant to the tribes, the decline is due to changes in farming practices and participation in a land fallowing program that will see 10,000 acres taken out of production in the next three years. The tribes’ decrease in consumptive water use “may look even more dramatic once the 2020 report comes out,” Ley told Circle of Blue.
All of these actions amount to a shift in the perception of what’s possible, Fleck said.
“It shows that the expectation that a growing population and a robust agricultural economy require more water is wrong,” explained Fleck, who is optimistic about the basin’s capacity to wield the tools of conservation effectively. Environmental doom is not the inevitable outcome, he says. “We’re seeing success in the transition away from the tragedy narrative,” he added.
Still, there are minefields to navigate. There are dozens of proposals in the upper basin states to withdraw more water from the river, which, if they were built, would further stress supplies. Some of the water conserved in Lake Mead is stored as a credit that participating agencies can theoretically draw upon in the future. How agencies handle those withdrawals, especially if large requests are made as lake levels plummet, is an uncertainty. On top of that, a warming climate will suck more moisture from the basin, even before rain and snow reach the river.
A hot, dry spring this year in the upper basin is evidence of what aridity can do. Snowpack in the basin’s headwaters was roughly average on April 1 and runoff into Lake Powell, a key water supply indicator, was expected to be 78 percent of normal. But then dry conditions arrived in April and May. Combined with dehydrated soils, which took their share of water, the runoff forecast by June 1 had diminished to just 57 percent of normal.
Those climate signals are the counterbalance to the conservation success so far. Water managers, now wary, know the risk.
“Just hopefully we don’t get a string of dry years coming back,” Hasencamp said.
The water has made development possible and is used for farms, homes and businesses. Meanwhile, recreation has risen to over 4 million annual visitors in Glen Canyon National Recreation Area, with tourists bringing in over $420 million to local communities.
But climate scientists studying the Colorado River find the lake’s water source is quickly declining…
According to Brad Udall, a water and climate researcher at Colorado State University, the lake is crucial for honoring the commitments laid out in that Colorado River Compact.
“Lake Powell is what the upper basin considers its bank account for meeting required deliveries to the three lower basin states. So, it’s essential to the management of the river,” Udall said.
When Lake Powell reached capacity on June 22, 1980, it was a wetter period of time for the region. Today, the lake is just above half full, and a large part of that is because of climate change.
“Since the year 2000, the flow of the river is roughly down 20% and about half of that decline is due to higher temperatures,” Udall said.
And as states continue to use the water, lower flows mean there is less to store in Lake Powell and Lake Mead.
Even though extreme dry and wet years have fluctuated, the West is generally getting drier, said John Fleck, the director of water resources at the University of New Mexico.
“We really need to call [what we’re experiencing] aridification — the drying out of the Colorado River Basin because of climate change, we can’t just call it ‘drought’ anymore,” Fleck said. “It appears to be this permanent phenomenon that’s lowering the lake levels. You should not expect it to return to high lake levels over long periods of time. That’s just not something we can expect to happen.”
While the river flow has declined, the demand for water has increased with regional growth. Upper and lower basin states are making drought contingency plans to keep Lake Powell and Lake Mead from reaching critically low levels.
Udall said states will also have to rethink those original water allocations from the 1920s.
“It’s hard to balance the equities of trying to respect these agreements that people have planned on versus changing circumstances that make these agreements totally inappropriate for right now. And I don’t know what the answer is but something’s gotta give.”
Lexi Peery is a Report for America corps member who reports from KUER’s Southwest Bureau in St. George. Follow Lexi on Twitter @LexiFP
Here’s an opinion piece from Denise Fort that’s running in The Aspen Daily News:
Each spring, the acequias in New Mexico carry cold, clear snowmelt to freshly furrowed fields on small farms. The centuries-old irrigation culture is recognized in state law and supported by strong communities.
These farms often come to mind when we think about agriculture in the West: a cool riparian valley with adjacent fields and people rooted in the land, growing crops that may be sold at a farmer’s market in a nearby town.
So when former Interior Secretary Bruce Babbitt suggested in a recent Writers on the Range opinion piece published in the Aspen Daily News on May 12, that a portion of agricultural water rights should be transferred to urban areas, it no doubt conjured up some strong emotions — small family farms drying up so that suburbanites could water their lawns and golf courses.
But Secretary Babbitt’s proposal makes sense, and he is right about the need to recognize the mismatch in population in the Colorado River Basin between the urbanized West and rural areas where most of the basin’s water is allocated. He is also right that the Colorado River cannot continue serving 40 million people, irrigating the same acreage, and meeting our aspirations for healthy rivers, in this time of megadrought.
There are a lot of caveats to his idea of people voluntarily retiring irrigation rights, including the need to create a process that allows full public participation. But unless we begin to retire irrigated acreage with a carefully managed strategy, we will have showdowns among states and tribes that share the basin’s water and increasingly desiccated rivers.
The real obstacle to Babbitt’s proposal springs from our romanticized vision of what agriculture looks like in the West. New Mexico may have acequia-fed fields, but it’s also in the nation’s top 10 for the number of dairy cattle, the products of which are largely exported to other states.
For every rain-fed cornfield sprouting emerald-like in the Arizona desert, there are tens of thousands of acres of alfalfa fields guzzling up millions of gallons of water per year. The United States is the world’s largest exporter of food, which means that the arid West is, in effect, exporting our water via huge, corporate farms.
Let’s not forget that it is agribusiness — not small farmers – that’s responsible for 80% of the water use in the West.
Meanwhile, climate change is drying up what water remains. The declining flows and warming temperatures are no longer just a contested forecast about the future, but our lived experience.
In my own corner of the West I’m astounded by how quickly desertification is occurring, with hard-packed soils where there was vegetation just a few years ago. Those obnoxious dust storms (haboobs) seem to be moving northward, leading me to tell everyone to watch Ken Burn’s powerful TV series on the Dust Bowl. Ranchers are on the front line in New Mexico, where grazing is looking more and more problematic.
Of course, water isn’t just valuable to farms and cities. The West has a huge outdoor recreation industry that depends on hiking, rafting and fishing, and our riparian areas grant solace in hectic times. Declining river flows, dried up springs and parsimonious releases for fishes detract from this sector of a growing economy.
Babbitt proposes to alleviate this situation by creating a mechanism by which farmers can lease their water rights to municipalities for a set period of time. He proposes free-market transactions — entirely voluntary and at the full discretion of each operator — funded by the federal government. I suggest that agricultural water also be made available to remain in our rivers for the health of our fragile river ecosystems.
Of course, there is a danger to a market-driven solution. If there were a federally run market in water rights, one would expect to see low-value agricultural areas to be the first to be approached for water sales.
That may be why in Europe policies explicitly protect small farms. This could lessen the departure of farmers from parts of northern New Mexico or rural areas on Colorado’s Western Slope, and other areas where small farms still exist.
No one is choosing the drought that has settled into the western United States, along with warming temperatures, wildfires and the rest of our changed climate. We have to cooperate to lessen the effect of climate on individuals and our shared environment.
That is why Bruce Babbitt’s proposal deserves a good, full-throated civic discussion. I just hope it is followed by actions to help the lands and people west of the 100th meridian thrive in the 21st century.
Denise Fort is a contributor to WritersontheRange.org, a nonprofit dedicated to spurring lively conversation about the West. She is a Professor Emerita at the University of New Mexico School of Law and chaired President Clinton’s Western Water Policy Review Advisory Commission.
No one denies it: Overconsumption of water and extreme drought caused by climate change are realities driving the Colorado River into crisis. But some solutions are better than others.
Former Interior Secretary Bruce Babbitt suggested recently in a Writer’s on the Range column that “retiring” 10 percent—some 300,000 acres—of irrigated agriculture would save 1 million acre-feet of the Colorado River. Secretary Babbitt wants the federal government to pay farmers in both the Lower and Upper Colorado River basins to dry up their cropland.
The imbalance on the Colorado River needs to be addressed, and agriculture, as the biggest water user in the basin, needs to be part of a fair solution. But drying up vital food-producing land is a blunt tool. It will damage our local food supply chains and bring decline to rural communities that have developed around irrigated agriculture.
Let’s look at the river’s problems. First, Secretary Babbitt minimizes the challenge as the overuse of the river’s system is even greater than 1 million acre-feet. The flow is so diminished that the end of the line, the Colorado River Delta, hardly receives any water.
The three states that make up the Lower Colorado River Basin—including the former Secretary’s home state of Arizona—have in recent years consumed at least 1.2 million acre-feet more per year than the 8.5 million acre-feet allotted to them under the 1922 Colorado River Compact.
This overuse has been perpetuated because the Lower Basin states and the Bureau of Reclamation fail to account for the losses caused by evaporation from reservoirs and the transit losses during water deliveries. The first step in fixing the imbalance must be elimination of the Lower Basin’s overuse.
Through the Drought Contingency Plan, the Lower Basin is actively reducing its water consumption when Lake Mead hits critically low levels. But while this is a good start, more must be done.
Climate change is a major cause in reducing Colorado River flows, with recent studies putting the reduction between 3-5.2 percent for every 1 degree rise in temperature. Important water-producing parts of our basin, such as Western Colorado, have already seen temperatures rise by as much as 4 degrees since 1895, and predictions for a 2- to 5-degree increase in the foreseeable future will compound the trend.
It might be surprising to learn that the Upper Basin’s annual consumption of Colorado River water—less than 4.5 million acre-feet—is far below the 7.5 million acre-feet allotted to the four Upper Basin states of Colorado, Utah, Wyoming and New Mexico. But this is hardly the time to increase diversions. To sustain the communities and the ecosystems that depend upon the Colorado River, all water users—both Upper and Lower Basin states—will need to consume less water.
The Colorado River District has taken a stand against “buy-and-dry” practices because we recognize the environmental and economic harm of drying up agricultural lands. If the health of the river is balanced solely on the back of agriculture, the 10 percent suggested by Secretary Babbitt today will almost certainly lead to 20 percent tomorrow.
In Western Colorado, most of our agriculture is family owned and operated. These family farms provide a local food supply, form the backbone of our rural communities, and they are already under economic stress. So what can be done to both help the river and keep rural life intact?
Initiatives must be aimed at reducing consumptive losses due to inefficient irrigation systems. At the same time we need to incentivize selective retirement of marginal land, all while providing technical support and funding for growers to switch to higher-value crops. The Lower Basin must reduce the cultivation of highly water consumptive crops in the increasingly hot desert, such as cotton and alfalfa raised solely for export.
Increased funding is better directed to off-farm and on-farm irrigation improvements and growing alternative crops. An example of that kind of effort is the Lower Gunnison Project in Western Colorado, a partnership between agricultural producers, the Colorado River District and the Natural Resources Conservation Service. This project improves diversion structures by piping delivery ditches and modernizing irrigation technology on farms. The producers are also experimenting with new crops such as hemp and hops.
From a purely mathematical standpoint, the Lower Basin has to reduce its 1.2 million acre-feet in overuse. That’s a big start. But in both basins, agriculture must improve the way it uses scarce water taken from the river. We have no time to lose.
Andy Mueller is a contributor to Writers on the Range (writersontherange.org), a nonprofit dedicated to spurring lively conversation about the West. He is general manager of the Colorado River District and spends his time protecting the flows of the Colorado River and its tributaries in Western Colorado.
From the Public Policy Institute of Caliornia (Lori Pottinger):
In 2019, California’s use of the Colorado River—a major water source for Southern California’s cities and farms—dropped to the lowest level in decades. We asked John Fleck—director of the University of New Mexico’s Water Resources Program and a member of the PPIC Water Policy Center research network—about the ongoing changes in California’s use of this water, and what it means going forward. He is the author, with Eric Kuhn, of the new book Science Be Dammed: How Ignoring Inconvenient Science Drained the Colorado River Basin.
PPIC: What are the main reasons Californians are using less Colorado River water?
JOHN FLECK: The biggest reason for the recent drop is that Metropolitan Water District (MWD)—the state’s biggest urban user of the river—didn’t need to take as much water in 2019. But this decline also reflects a longer term trend. Prior to the early 2000s, MWD generally took the maximum it could from the Colorado River, usually more than a million acre-feet per year. In recent decades, it has substantially reduced its dependence on the Colorado, only taking a full supply in years of State Water Project shortage. Water conservation has been an enormous success in Southern California. There was a lot of progress in conservation during the latest drought, and even after it ended. We’re seeing a lot more effective use of water in the basin, with a growing emphasis on groundwater recharge, stormwater capture, and reuse efforts. The excellent snowpack in the Sierra in 2019 meant the agency got a good water allocation from the State Water Project, meaning it needed less from the Colorado.
The other part of this story is the conservation success in the Imperial Irrigation District (IID)—the largest user of Colorado River water in the entire basin. On-farm water conservation was part of transfer agreements with Southern California’s urban water suppliers. IID is now using 600 thousand fewer acre-feet per year than before those transfers took place. The agricultural community took cuts and was compensated for them. Farmers have adapted well: revenue has held up even as they’re irrigating less land. What we’ve seen is an increase in acreage in high-dollar crops like winter lettuce and vegetables, and a reduction in alfalfa and forage crops, which bring in less revenue per unit of water and area of land.
PPIC: Do you expect similar drops in coming years in California or the six other basin states?
JF: We’re going to have ups and downs—especially because MWD use of Colorado River water tends to go up when its supplies from the Sierra are low. But California has really demonstrated that it needs less Colorado River water. It’s taken awhile, but it’s been a really successful adaptation. Scarcity is the norm now in the basin, so the fact that California can succeed in using less imported water is incredibly important. It shows how we can find opportunities for more flexible problem-solving going forward.
We’re seeing similar things going on across the basin. California isn’t giving up water so others can use more. Nevada is using substantially less than they used to—their use peaked in the early 2000s and has dropped since then. Arizona’s use is down, too. And we’re seeing really flat to declining use in all the other basin states. So the notion that economic and population growth means an increase in water use just isn’t the case in the basin.
PPIC: What does this change mean for efforts to bring the basin into balance?
JF: Because we made mistakes over a century ago in allocating more water than the river can provide, these successes are important, but not enough. We’ll need to see more reductions, especially in the lower basin states.
The next steps require renegotiating the rules that govern the basin’s water allocation to solve the basin’s problems. The Bureau of Reclamation is spending 2020 reviewing how the current rules are working, with the expectation that negotiations on new rules will begin soon after that review is complete. There will be a lot of give and take in how that will play out, and we have to let that happen. Once farmers and communities have a clear idea on how much water they will get, they’re pretty good at figuring out what steps are needed to work within those limits. Various options that might come into play include compensating farmers to use less water, additional conservation, and more expensive options like increasing the use of recycled water and building desalination plants. The negotiations will be hard, but the successes we’ve seen in California and elsewhere around the Colorado River Basin suggest that we have the tools needed to respond to the challenges to come.
It’s a sobering prospect for those of us who call the West home – especially at a moment when the coronavirus is underscoring just how essential a healthy and available water supply is to public health.
The findings underscore the urgent necessity of continued efforts to mitigate the effects of climate change and work together to make progress for the environment.
The study’s release coincides with the one-year anniversary of the passage of the Drought Contingency Plan. It was about a year ago that leaders from the seven states of the Colorado River Basin – as well as leaders from the U.S. and Mexico – agreed to one of the largest voluntary water conservation plans in history to respond to the ongoing drought.
Reaching the agreement to protect the water supplies for roughly one in eight Americans was a long and complex process, and tribal leaders and environmental advocates played an integral role. Both of our organizations are proud to have contributed to this effort.
Tribes have rights to 20% of this water
There are 29 federally recognized tribes across the Colorado River Basin. Together, these tribes have water rights to roughly 20% of the water that flows through the river annually. In Arizona, the Colorado River Indian Tribes (CRIT) and the Gila River Indian Community (GRIC) were critical partners in making the Drought Contingency Plan possible.
For CRIT, this was a choice that reflects deeply rooted values, including the spiritual and cultural significance of rivers and wildlife. Supporting water conservation also puts a clear value on basic human needs that are important to us all.
Regardless of individual reasons for supporting water conservation that brought such a wide group of interests together, it is now more evident than at any other time in our lives how we are all connected to each other, and to our natural resources. And with that in mind, there is great work yet to be done to make sure that all water users are truly part of a more sustainable future.
Tribal nations have historically been left out of planning and negotiations that develop river management across the Colorado River Basin. Meaningful tribal inclusion going forward will not be an easy task.
It requires leadership from all involved to authentically understand each other’s interests and responsibilities. It requires sharing expertise to build tribal capacity so that we are in equitable positions to negotiate. Diversity, equity and inclusion enhance the process for all of us.
All communities across the Colorado River Basin deserve to be part of the discussions as decisions about managing the river are made. All water users, water managers and elected leaders need to work together to address the inequities in water availability in the basin.
That process started last year in Arizona with the CRIT and GRIC participation in the drought plan, and it needs to continue as plans develop for our water future. We need each other if we are going to protect and save the life of the Colorado River that supports us all.
In this moment of such dire need, and in the face of one of the most severe droughts in over a century, it is time for each of us to recommit to what connects all of us – and what it means to conserve and live in a responsible, sustainable way, together.
Dennis Patch is chairman of the Colorado River Indian Tribes, whose reservation in Arizona and California is bisected by the Colorado River. Ted Kowalski leads the Colorado River Initiative for the Walton Family Foundation, which encourages water conservation and a healthy, sustainable Colorado River Basin.
The U.S. Bureau of Reclamation released its projections for the Colorado River’s water supply for the next two years. Spring and summer inflow to Lake Powell is expected to be 78 percent of average, due to dry conditions last fall. Lake Mead is projected to fall into “Tier Zero” conditions for 2021 and 2022. That’s a new designation under the Drought Contingency Plan which requires Arizona, Nevada and Mexico take cuts in their water supply. Arizona’s reduction of nearly two hundred thousand acre-feet of water will come from the Central Arizona Project, the canal that serves Phoenix and Tucson. The Tier Zero reduction will affect CAP’s water banking program and agricultural customers, but not cities or tribes.
If Colorado decides to join in an historic Colorado River drought protection effort, one that would require setting aside as much as 500,000 acre-feet of water in Lake Powell, can it find a fair way to get the work done? A way that won’t cripple farm economies and one which ensures Front Range cities bear their share of the burden?
That was one of the key questions more than 100 people, citizen volunteers and water managers, addressed last week as part of a two-day meeting in Denver to continue exploring whether the state should participate in the effort. The Lake Powell drought pool, authorized by Congress last year as part of the Colorado River Drought Contingency Plan, would help protect Coloradans if the Colorado River, at some point in the future, hits a crisis point, triggering mandatory cutbacks.
But finding ways to set aside that much water, the equivalent of what roughly 1 million people use in a year at home, is a complex proposition. The voluntary program, if created, would pay water users who agree to participate. And it would mean farmers fallowing fields in order to send their water downstream and cities convincing their customers to do with less water in order to do the same. The concept has been dubbed “demand management.”
Among the key issues discussed at the joint Interbasin Compact Committee and demand management work group confab last week is whether there is a truly equitable way to fill the drought pool that doesn’t disproportionately impact one region or sector in the state.
In addition, a majority of participants reported that they wanted any drought plan to include environmental analyses to ensure whichever methods are selected don’t harm streams and river habitat.
Some pointed to the need to identify “tipping points” when reduced water use would create harmful economic effects in any given community, and suggested that demand management be viewed as a shared responsibility.
Flipping the narrative of shared responsibility, participants said sharing benefits equally was important as well. They want to ensure that people selected to participate would do so on a time-limited basis, so that a wide variety of entities have the opportunity to benefit from the payments coming from what is likely to be a multi-million-dollar program.
“People are starting to get it,” said Russell George. George is a former lawmaker who helped create the 15-year-old public collaborative program which facilitates and helps negotiate issues that arise among Colorado’s eight major river basins and metro area via basin roundtables. He chairs the Interbasin Compact Committee, composed of delegates from those roundtables.
“It’s understood that we have to be fair about this and we have to share [the burden] or it won’t work. I think we’re making great progress,” George said.
The Colorado River is a major source of the state’s water, with all Western Slope and roughly half of Front Range water supplies derived from its flows.
But growing populations, chronic drought and climate change pose sharp risks to the river’s ability to sustain all who depend on it. The concept behind the drought pool is to help reduce the threat of future mandatory cutbacks to Colorado water users under the terms of the 1922 Colorado River Compact.
The public demand management study process, facilitated by the Colorado Water Conservation Board, has caused concern among different user groups, including farmers. Because growers consume so much of the state’s water, they worry that they are the biggest target for water use reductions, which could directly harm their livelihoods if the program isn’t implemented carefully and on a temporary basis.
In early 2019 the seven states that comprise the Colorado River Basin—Arizona, California and Nevada in the Lower Basin, and Colorado, New Mexico, Utah and Wyoming in the Upper Basin—agreed for the first time to a series of steps, known as the Colorado River Basin Drought Contingency Plan, to help stave off a crisis on the river.
And while Lower Basin states have already begun cutting back water use in order to store more in Lake Mead, the four Upper Basin states are still studying how best to participate to shore up Lake Powell. For the drought pool program to move forward, all four states would need to agree and contribute to the pool. George pointed to Colorado as a leader among the four states, saying it would likely be responsible for contributing as much as 250,000 acre-feet to the pool.
“We appreciate the focus, dedication and collaboration of our work group members,” said CWCB Director Rebecca Mitchell in a statement. “This workshop was the next step in sharing ideas for Colorado’s water future, and positioning our state as a national leader for cooperative problem solving.”
The eight major volunteer work groups, addressing such topics as the law, the environment, agriculture and water administration, will continue meeting throughout the year, with a mid-point report based on their findings to date due out sometime this summer.
Travis Smith, a former CWCB board member from Del Norte who is now participating on the agriculture work group, said he is hopeful that the work groups will be able to come up with a plan the public will endorse. Any final plan will likely have to be approved by Colorado lawmakers.
“Coming together to address Colorado’s water future is something we’ve been practicing through the [nine river basin roundtables] for years. Will we get there? Absolutely,” Smith said.
Jerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email at firstname.lastname@example.org or @jerd_smith.
FromThe High Country News [March 10, 2020]: (Anna V. Smith):
The Colorado River Basin is the setting for some of the most drawn-out and complex water issues in the Western U.S. In 2019, the Colorado River Drought Contingency Plan — a water-conservation agreement between states, tribal nations and the federal government for the basin, now in its 20th year of drought — passed Congress. This year, it goes into effect.
2020 will also see the start of the renegotiation of the Colorado River Interim Guidelines. The guidelines, which regulate the flow of water to users, were created in 2007 without tribal consultation and are set to expire in 2026. The 29 tribal nations in the upper and lower basins hold some of the river’s most senior water rights and control around 20% of its annual flow. But the tribes have often been excluded from water policymaking; around a dozen have yet to quantify their water rights, while others have yet to make full use of them. Most of the tribal nations anticipate fully developing their established water rights by 2040 — whether for agriculture, development, leasing or other uses. Drought and climate change are still causing shortages and uncertainty, however. Already, the Colorado River has dropped by about 20%; by the end of this century, it could drop by more than half.
High Country News spoke with Daryl Vigil (Jicarilla Apache, Jemez Pueblo and Zia Pueblo), water administrator for the Jicarilla Apache Nation. Vigil, the interim executive director of the Ten Tribes Partnership, helped co-facilitate the Water and Tribes Initiative, coalitions focused on getting increased tribal participation on Colorado River discussions. Those efforts are critical, Vigil says, “because left to the states and the federal government, they’ve already proven that they will leave us out every time.”
HCN and Vigil spoke about “the law of the river” — the colloquial term for the roughly 100 years of court cases, treaties, agreements and water settlements that govern the Colorado — as well as tribal consultation and climate change.
This interview has been edited and condensed for length and clarity.
High Country News: Sometimes it can be hard to really understand the core value of water, because it gets so caught up in things like policies and laws and bureaucratic language. Could you boil it down a bit and explain, at the core, what’s so important about this?
Daryl Vigil: Through the Water and Tribes Initiative (in 2018), we did over a hundred interviews of all the major stakeholders in the basin: states, water providers, tribes, NGOs, conservation groups. And it was pretty amazing, to find out that when you talk to all these folks, almost universally they’re all committed; they have a personal relationship to the river as a living entity that needs to be sustained. And so there’s two different mindsets looking at ’07 guidelines and some of the policy that’s been created around the river. One really looks at the Colorado River as a plumbing system, getting water to people who need it, versus the other end of the spectrum — when you start to look at tribes and others who have similar values, who look at it as a living entity, who look at it as an entity that provides life. And so we started to try to articulate traditional, cultural values and integrate that into current policy so that people can understand. Because we know most people want to see a healthy, sustainable Colorado River, but they also have their constituencies that they protect. And so, how is it that we bridge that divide? Because people really do care about the basin, and they really do want healthy environments and healthy ecosystems. And so that’s proven part of the conversation that we were having — that the next set of guidelines absolutely needs to be able to capture not only the water-delivery issues that already are at the forefront, but really start to address the cultural, environmental, traditional values of the Colorado River and integrate that into the next set of planning. Because if we don’t, this system cannot be sustained.
HCN: How does climate change figure into the discussion?
DV: We’re already seeing the impacts. And I think that’s something that absolutely has to be considered in the planning of the future, because right now — with 41 million people in the basin — as of 2010, the imbalance between supply and demand is already a million acre-feet. It’s projected, according to the basin study, to be 3 million acre-feet by 2060. We continue to act surprised when something new comes about in terms of a fire or a flood or an incredible drought. We’re making an impact on this planet, and it’s not a good one. That’s where, with the Ten Tribes Partnership, (we’re) really trying to make sure that we integrate those traditional, cultural values and spiritual values that the tribes have for the river as we move forward. Because if we’re not going to address it, it looks pretty catastrophic to us. And so I think, when we start talking about climate change, absolutely pushing to make sure that we’re thinking about a mindset of how we fit into nature, rather than nature fitting into us.
HCN: These kinds of discussions, compromises and negotiations can often, especially around water in the West, go on for decades. I’m curious what gives you momentum to keep working at it and putting so much energy into it.
DV: A few different things. You know, those hundred-plus interviews that we did, we got to know people on a real personal basis. We got to know who they are and their commitment — many of these people have had decades working in the Colorado River Basin and doing the best that they could, given the structure. And everybody understands and agrees that the current system is not sustainable, and it doesn’t work; it’s not inclusive of the voices that need to be included into this process. And so that gives me great hope. And then you see things like the pulse flow, where they got water all the way to the Sea of Cortez. And to look at the faces of those Mexican kids who had never seen water in the Colorado River in their whole life come out, and just the wonder and the magic in their eyes of seeing what water does.
And then we just recently had our second basin-wide workshop and gathering up in Phoenix. We had a hundred-plus of the major stakeholders: states, feds, water providers, tribes and four tribal chairman present at this particular meeting, which is just huge, a bunch of people all in this room all talking about their joint commitment to the river. It’s moving to me because, I mean, I think that’s what it’s going to take.
HCN: Every tribal nation is different, but how might a tribal nation view water similarly or differently than a city or a state or the federal government in terms of water and management?
DV: That’s the thing that we’re really trying to create awareness of. Because in the Colorado River Basin alone, you have 29 distinct sovereign entities — geographically, culturally, languages, and mindsets and traditions and culture in terms of how they think about the river. A lot of it’s really about the same, but in terms of the reverence and the spiritual connection that most tribes have, they look at it in different ways. For instance, invasive species of fish: You get tribes who are really aggressive about wanting to remove them because they’re not part of the natural environment that was always there. Then you get other tribes who are just like, eh, who cares and it’s not on their radar. And that’s why it’s important that a conversation about the next set of guidelines for the Colorado River has to include all 29 tribes — in terms of at least the opportunity to participate and at least having the information to determine whether they want to or not.
HCN: What are some big things that you would like people to better understand about the discussions around water in the Colorado River Basin?
DV: I would like them to understand, from a tribal perspective, the incredible role that tribal water already plays in the basin. The other thing I would like people to understand is that this current law of the river is not sustainable. At some point in time there’s collapse. And I think if we don’t address it quickly, that collapse could happen sooner than later. And I really would like to have them understand that the way that the law of the river is structured — upper, lower basins, and how they’re managed differently, and how there’s different requirements and how states are engaged — it’s really complex and doesn’t make any sense, and, ultimately, I don’t think it’s going to get us where the broader consensus wants us to go in terms of a healthy, sustainable river, and still provide water to all living creatures and plants in the basin.
HCN: Specifically, what is it that tribal nations are bringing to the conversation that was lacking in the 2007 agreements?
DV: I think absolutely a point of view about the sacredness of the river that most people really do share, whether they’re tribal or not. And then the other thing is the unique role that tribes are going to continue to play in the West — the large land areas and our resource development and how we move forward. It creates this mindset, in my mind, of building a pathway of who we want to be in the future. But a huge thing, too, is tribes bring certainty to the table. You know, it’s like, wow, what if we negotiated together about being able to move water where it needs to move, and work from a standpoint of collaboration and need rather than protect, defend and win, lose.
HCN: That’s a good point. Because that’s how water is so often talked about, as somebody versus somebody.
DV: And I think that’s what the law of the river does. It’s contentious, and it automatically puts you in a position to protect and defend. And if that’s the foundation we’re operating from, what does that get us? It’s just going to get us this recurring, vicious cycle that we’ve been stuck in. The work that we’re doing at the partnership and Water and Tribes Initiative hopefully has broader implications in terms of tribal sovereignty, and looking at tribal sovereignty from the standpoint of an opportunity to create your future.
Anna V. Smith is an assistant editor for High Country News. Email her at email@example.com or submit a letter to the editor. Follow @annavtoriasmith.
Here’s the release from the Colorado Water Conservation Board:
Colorado Water Conservation Board Hosts Two-Day Forum
On March 4 – 5, Colorado continued to carve the path forward in its Demand Management Feasibility Investigation during a two-day joint meeting between the Interbasin Compact Committee (IBCC) and eight Demand Management Workgroups.
Hosted by the Colorado Water Conservation Board (CWCB), this was the first workshop convening all eight Workgroups – together representing diverse water-related interests across the state. Workgroups reflected on the past year of discussions and presented on challenges and benefits they foresee in a potential temporary, voluntary, compensated program to address Demand Management.
Demand Management is the concept of temporary, voluntary, and compensated reductions in the consumptive use of water in the Colorado River Basin. Any water saved would only be used to ensure compact compliance and to protect the state’s water users from involuntary curtailment of uses.
“We appreciate the focus, dedication and collaboration of our Workgroup members who gathered this week from across Colorado to move this important conversation forward,” said CWCB Director Rebecca Mitchell. “This workshop was the next step in sharing ideas for Colorado’s water future, and positioning our state as a national leader for cooperative problem solving.”
IBCC Director Russell George said, “We began this process of meeting as individual Workgroups in order to begin exploring concerns and benefits of a potential Demand Management Program. The next step in the process was bringing these Workgroups together in this larger forum, which has fostered the critical conversation needed to ensure we are using a grassroots approach. This approach will help inform our state’s decision-makers as they consider options for a possible Demand Management program.”
Demand Management Workgroups include:
Administration & Accounting
Economic & Local Government
Education & Outreach
Law & Policy
Monitoring & Verification
As a headwaters state, Colorado is thoroughly exploring potential tools for managing water in the western United States, and will continue to inform Coloradans throughout the investigation and during the decision-making process.
On Feb. 20, the University of Utah Center for Colorado River Studies hosted a presentation and panel discussion in Moab on research being conducted on and policies being considered for Lake Powell. Scientists, activists, authors, and historians shared their perspectives on various aspects of the river, the dam, and the reservoir to a full house at Star Hall. The complicated history of river engineering and water allocation sets the stage for an uncertain future of the management of the West’s precious resource.
“We can’t talk about the future of this reservoir and how its managed unless we digest some basic facts,” said Dr. Jack Schmidt, professor of watershed sciences at Utah State University, at the presentation, before he and others gave an overview of the reservoir’s history and parameters.
The presentation was part of an effort by the Center for Colorado River Studies to help the public understand the complexity of the natural systems and political agreements surrounding the Colorado River…
Water levels in Lake Powell and Lake Mead have reflected this decreased flow. In 2005, Lake Powell dropped to its lowest level since it first filled up in 1963, sinking to 3,555 feet above sea level, just barely high enough to keep from exposing the intakes for the hydroelectric generator at the dam and causing damage to the facility.
“Here’s an important number,” Schmidt told the audience at Star Hall. “If the reservoir elevation gets lower than 3,490 feet above sea level, then water cannot be taken into those penstocks, because then air is entrained, and if air is entrained, you get the phenomenon of cavitation in the turbines, which will destroy the turbines.”
He went on to explain that water managers don’t want to get too close to that absolute limit, and they set a bottom threshold of 3,525 feet above sea level for Lake Powell.
Policymakers must constantly consider how supply and demand are affected by climate and natural systems, new infrastructure and aging infrastructure, population growth and changes in land use, and scientists’ and researchers’ evolving understanding and modeling of how these factors will play out in the future…
To prepare for a renegotiation of interstate agreements, scientists and researchers have been studying the Colorado River basin and all the systems that comprise it. The presentation at Star Hall illustrated just how complex the issue is. Glen Canyon Dam itself has been controversial nation-wide since its inception. Environmentalists, river runners, and archaeologists to this day lament the loss of the natural canyon flooded by the dam, which was filled with Native American artifacts and wild riparian ecosystems. That dam and other infrastructure have changed many properties of the river, from flow rate, to temperature, to fish populations, to evaporation patterns, to the shape of the riverbed. As scientists study the new patterns of the river, they try to create models that can accurately predict future behaviors and conditions of the river. For example, by studying how the river moves and deposits sediment, scientists have variously predicted an operable life span for Lake Powell of 100 to 150 years. These models and data sets can help steer management agreements.
“The current interim guidelines aren’t going to work forever,” said Erich Balken, executive director of the Glen Canyon Institute, a Salt Lake City-based nonprofit devoted to the restoration of Glen Canyon and the Colorado River.
The organization is advocating for a policy they call “Fill Mead First,” which Balken briefly discussed at the Star Hall event. The policy would allow the downstream Lake Mead to be filled to capacity before starting to store water in Lake Powell. The group recommends not decommissioning Glen Canyon Dam, a step that has been taken at other dam sites around the country, but drilling diversion tunnels around it to allow the river to return to its natural flow.
The hydroelectric power plant driven by Lake Powell would be temporarily shut down, and intakes to power the facility would be installed in the diversion tunnels. Glen Canyon would be returned to its natural state until the necessity arose to store more water than Lake Mead could hold.
The idea is politically difficult because Lake Powell serves as a kind of “bank account” of water that helps upper basin states ensure that they meet their water obligations to the lower basin states. Beyond Lake Powell, the water essentially belongs to the lower basin. The dividing line maintains a tension between the regions…
At the same time that Colorado River users are beginning the renegotiation process, the state of Utah continues to pursue water projects that affect the Colorado River and Lake Powell. Local leaders in Washington County are exploring a “Lake Powell Pipeline,” a 140-mile pipe that would pump water from Lake Powell to the St. George area.
Lawmakers in Salt Lake City are considering the possibility of diverting water from the Green River and the Bear River, the former of which is a tributary to the Colorado and eventually feeds Lake Powell, to water users on the Wasatch Front. More water rights have been allocated from the Colorado River than there is actual water to distribute, and historically, the first users of the existing water, and the owners of water infrastructure, retain the rights to continue using the water.
This year, the first-ever Colorado River Drought Contingency Plan is set to launch, and water officials expect 2020 to bring unprecedented changes to the way the river is run, including cutbacks in water use by some states.
Drought and climate change are expected to play a leading role in determining how to reduce water use and bring the stressed river system into a sustainable, balanced state of being.
After historically low levels were reached last year in Lakes Powell and Mead, Arizona and Nevada are now poised to implement their first-ever cuts in water diversions, while Colorado and the other upper basin states are working to explore ways to conserve water and bank it in Lake Powell’s new drought pool to avoid future shortages.
Brad Udall, a senior climate scientist at Colorado State University’s water center, said the river’s operations are set for a major rework.
2019, he said, was “a really big [water] year, so I think everybody’s happy, but to think somehow the drought is over and climate change isn’t happening—or to hope for the best and ignore the lessons of the last 19 years—I think these high temperatures will remind people, ‘This is not the same old game we used to play in the 20th century.’”
A look back
A lot has changed since the Colorado River Compact first divvied up the river’s waters in 1922. Today, more than 40 million people in two countries rely upon the river, which originates on the Western Slope of the Rocky Mountains in northern Colorado, and is fed by major tributaries like the Green, Gunnison and San Juan rivers. Cities from Denver to San Diego, though geographically outside of the natural river basin, divert water from the river for drinking and industry, and farmers irrigate 5.5 million acres of everything from alfalfa to melons.
The Colorado River Basin is also now more than 2 degrees Fahrenheit warmer than the twentieth century average—with “hotter” droughts depleting river flows. By necessity, as the climate continues to change, bringing continued warming and drying, shortage-sharing agreements on the river must continuously be updated to keep changing, too. The Drought Contingency Plan (DCP) was needed as a stop-gap until a new set of operating guidelines, due by 2026, are written.
The DCP’s predecessor
The DCP’s origins lie with the Colorado River Interim Guidelines. Written in 2007, the operating guidelines were designed to address the Colorado River’s deteriorating storage levels. They identify how to operate the river’s two major reservoirs, Lake Powell and Lake Mead, under hotter, drier conditions, and to share the risk of shrinking water supplies between the upper and lower basins.
But the 2007 interim guidelines, while temporarily keeping the basin out of crisis, did not anticipate the extent of drought that the basin would experience. In 2013, then-Secretary of the Interior Sally Jewell directed states to consider additional measures or face unilateral federal action to avoid a potential crisis. With its own interests to protect, including water deliveries to contractors and tribal water rights, the federal government needed states to put a more robust plan in place.
That led to the latest temporary plan, the DCP, which negotiators say provides some security in avoiding a potential crash of the Colorado River system.
Six years in the making, the DCP includes two plans, hammered out separately by the lower and upper basin states. The upper basin plan focuses on flexibility in reservoir operations during drought conditions, investigating how to reduce water demands—including with voluntary water conservation programs—and weather modification to augment precipitation. In the lower basin, the process needed to move more quickly because water use already exceeds allocations. Cities and farms in Arizona, California and Nevada agreed to scale back and take deeper cuts as Lake Mead reaches threshold elevations that trigger those cutbacks. This summer, the first threshold was triggered, so Arizona and Nevada will implement their cutbacks this year.
Developing plans for each basin was tricky considering that within each state there are also individual tribes, competing interests, and conflicts between urban and rural water users. But, pushed by a deadline from U.S. Bureau of Reclamation Commissioner Brenda Burman, in March 2019, the seven states asked Congress to provide necessary authorizations to execute their final plans. In an era when Congress spends much of its time at an impasse, legislators on both sides of the aisle recognized the need for drought planning. In April, federal legislators passed the Colorado River Drought Contingency Plan Authorization Act and the following month, on May 20, representatives from the seven basin states and Department of the Interior signed completed upper and lower basin drought contingency plans.
Not a new problem
As Eric Kuhn and John Fleck write in their new book, “Science Be Dammed: How Ignoring Inconvenient Science Drained the Colorado River,” even during compact negotiations in the 1920s, records showed the river’s annual flows were lower than the total 17.5 million acre-feet allocated to the seven states and Mexico. In fact, three different studies during the 1920s estimated natural river flows at Lee Ferry at between 14.3 million acre-feet and 16.1 million acre-feet.
Planners chose to ignore that information, Fleck says, and with it, they ignored convincing evidence showing the basin regularly experienced long periods of drought. “We have rules written down on paper, allocating water across the basin, that essentially allocate more water than the river actually has—and this manifests itself quite differently in the lower basin than the upper basin,” says Fleck, director of the Water Resources Program at the University of New Mexico. Fleck’s co-author Kuhn is the now-retired general manager of the Colorado River Water Conservation District.
In the lower basin, California, Nevada and Arizona have long overused their share of the river (approximately 7.5 million acre-feet annually, averaged over 10-year rolling cycles), Fleck says, whereas the upper basin states have yet to use more than around 4 million acre-feet (of the “remaining” 7.5 million acre-feet originally intended, but not necessarily guaranteed, for them). But everyone needs to come to terms with the fact that there is less water in the basin, Fleck says. “And that’s what the DCP is,” he says. “The first steps toward a long-term plan for everyone to use less water.”
Today, Kuhn and Fleck note, the river’s average flow between 2000 and 2018 has been only 12.4 million acre-feet—16 percent lower than the 1906-2017 average of 14.8 million acre-feet per year.
To use less water, the two basins need their own strategies. In the lower basin, the DCP sets rules to scale back use of lower basin allocations as Lake Mead drops, or until storage conditions improve. Arizona, Nevada and Mexico will see cuts this year, while California could follow in future years if reservoir storage declines continue. Over the past few years, water users already started scaling back voluntarily, and, says Fleck, “The DCP gives the structure that gives us the confidence [the cutbacks] will continue,” he says.
The upper basin occupies a precarious position of its own, even though it uses less water than it technically could under the compacts that govern its use—use in the upper basin has remained flat, at around 4 million acre-feet per year, since 1990. Because upper basin states must not interfere with a specific quantity of water flowing downstream, they’ll take on much of the burden of dealing with declining flows in a warmer future, Fleck adds. “That means the upper basin has to be sure it has the tools in place to make sure it can continue to meet its compact obligations, to send water out of Lake Powell,” he says. “And it may have to figure out how to conserve water below 4 million acre-feet.”
Challenges of a warming world
Any planning on the Colorado River—from the crops farmers plant, to the ways in which cities incentivize conservation among customers, to the DCP’s successor—must address the fact that the basin is facing a hotter, drier future.
Rainfall records, reconstructed from tree ring chronologies that stretch back more than a thousand years, reveal past patterns of southwestern droughts, marked by dry conditions associated with natural climate variability. Today’s droughts in the basin are different. They are notable not just for a lack of precipitation, but also for warmer temperatures, which spur changes in snowpack, increase transpiration in forests and fields, and boost evaporation from reservoirs.
The U.S. Global Change Program’s Fourth National Climate Assessment in 2018 painted a troublesome picture of reduced water supplies and future food insecurity in the region. It also identified risks to southwestern tribes from drought and wildfire, and challenges to the region’s infrastructure and energy supplies.
More localized studies of the Colorado River Basin also show that as climate change continues to heat and dry the region, the river’s flows will keep dropping. A 2017 study by Brad Udall, a senior water and climate research scientist at the Colorado Water Institute at Colorado State University and Jonathan Overpeck, dean of the School for Environment and Sustainability at the University of Michigan, showed that flows between 2000 and 2014 averaged 19 percent below the 1906-1999 average, with one-third of those losses due to higher temperatures, versus changes in precipitation. If warming continues, according to that 2017 study, Colorado River flows could decline by 20 to 35 percent by 2050 and 30 to 55 percent by the end of the century.
A study published the following year by Udall and others reiterated that “unprecedented basin-wide warming” was responsible for the declines, this time looking at 1916 through 2014, when the river’s flows dropped by 16.5 percent during that period, even though annual precipitation had increased slightly. The study also revealed the entire basin’s sensitivity to shifts in precipitation patterns—that it matters whether precipitation comes as rain or snow, and also where it falls. Snowfall in the upper basin is more beneficial to the system, for example, than rainfall in southern Arizona. And the future doesn’t look promising: The 2018 study forecasts a future decline in snowfall within four sub-basins in Colorado.
Healthier snowpack this past winter offered everyone a bit of a reprieve, but the Colorado River Basin’s problems aren’t over. At the end of the water year, total system storage was at only 53 percent, according to Reclamation, though that’s up from just under 47 percent in October 2018.
The loss of the reflective snowpack drives evaporation and reduces the flow of water, the study found.
The 40 million people who rely on Colorado River water need to prepare for a drier future.
Global warming is shrinking the Rocky Mountain snowpack that feeds the river and flows are declining at a rate of about 9.3 percent for every 1.8 degrees Fahrenheit increase in temperature, according to a new study that “identifies a growing potential for severe water shortages in this major basin.”
The decline is “mainly driven by snow loss and consequent decrease of reflection of solar radiation,” a pair of scientists with the U.S. Geological Survey wrote in a new paper published Thursday in the journal Science. The study helps resolve a “longstanding disagreement in previous estimates of the river’s sensitivity to rising temperatures.”
The study links dwindling flow of water with the loss of albedo, a measure of the snowpack’s reflective quality. Like ice in the Arctic, white snow reflects solar radiation back to space. But as the snowpack in the Colorado River declines, the ground and, crucially, the air directly above the ground, warm up. Water from the melting snow or from rain evaporates from the soil, rather than trickling into the streams that feed the Colorado River.
The scientists found the link by measuring the relationship between the amount of water in the snow, the amount of the sun’s incoming radiation and how much of that was reflected back by the snowpack’s albedo, showing that, as the snowpack dwindled, the river’s flow declined.
Brad Udall, a climate scientist with the Colorado River Research Group, said the study “adds another brick in the wall of evidence that it’s very likely we’re going to see significant declines in Colorado River flows.
“Scientists have been trying to figure out how sensitive the river is to global warming,” he said, “and these numbers put the sensitivity at the upper end of what’s possible.”
The research divided the Colorado River Basin into 960 sub-areas and broke down the data, including satellite measurements of albedo, month by month. That enabled the scientists to see that the effect was dominant in the late spring and early summer, when the snowpack was being depleted, said Chris Milly, the senior U.S. Geological Survey researcher who led the new research. Previous studies on the Colorado River’s climate sensitivity focused primarily on precipitation and temperatures, without considering the radiation balance, he added.
“Before our study there was a huge range of estimates of how sensitive Colorado River flows are to warming, from 2 percent to 15 percent for every 1 degree Celsius of warming. We really wanted to try and understand and narrow that uncertainty,” Milly said.
It’s not just a Colorado problem. “Many water-stressed regions around the world depend on runoff from seasonally snow-covered mountains,” the authors wrote in the journal report, “and more than one sixth of the global population relies on seasonal snow and glaciers for water supply.”
The findings suggest that the snow cover offers a “protective shield” that limits evaporation from this natural reservoir, the scientists wrote in the study. As the shield shrinks, it will crimp water availability in snow-fed regions that are already stressed, including the Colorado River Basin…
Unending Stream Flow Decline
University of Michigan climate researcher Jonathan Overpeck said the new study is valuable because it details the mechanism “by which regional human-caused warming is reducing flows in the Colorado River.”
Continued warming, he said, “will lead to significant and unending reductions in river flows. Until global warming is stopped, the Colorado and other key rivers of the Southwest will continue to provide less and less water to the region.”
Research since then has confirmed that global warming is affecting water supplies in the West in several different ways. As early as 2013, U.S. Geological Survey research showed that warmer spring temperatures since 1980 have cut the Rocky Mountain snowpack by 20 percent.
A 2016 study in California’s Sierra Nevada Mountains showed how the snowfall line is speeding uphill. At lower elevations where the mountains aren’t so steep, tens of thousands of square miles that used to be white all winter now stay brown and heat up, and the moisture in the soil evaporates.
In 2017, Overpeck, along with Udall, showed a clear relationship between warming temperatures and less water in the Colorado River Basin, as they studied the Colorado River’s 21st century “hot drought.”
The new study doesn’t take into account extreme events like the crippling 2012 drought that sent Colorado River flows to record lows while reservoir storage plummeted.
By the end of May that year, 100 percent of Colorado was in some stage of drought, including the mountains that supply more than three-quarters of the Colorado’s total flow. It would end up being Colorado’s hottest year on record, as well as one of the state’s worst wildfire seasons, burning a quarter million acres and causing temporary evacuations of 35,000 people.
But so-called Black Swan climate events like megadroughts lasting several decades have happened regularly in the last few thousand years, and are increasingly likely in a world that’s cooking in a thickening stew of greenhouse gases.
In May 2019, the Colorado River Research Group published a warning about “unexpected shocks from Black Swan events.” That includes megadroughts or extreme floods, as well as “socioeconomic events that might stress the existing legal/management framework beyond any known circumstance,” the report said.
Because of global warming, the chances of such events are increasing at the same time that reservoir storage and groundwater reserves are being depleted, a disconcerting situation “given the role of multiple megadroughts in undermining past civilizations in the region,” the river researchers wrote.
They said planning scenarios should be based on water records that stretch back longer than the last century, and should take into account that “the abnormally wet period of the early 20th century … might be better viewed as a highly unlikely hydrologic event that cannot be assumed to be part of the future.”
The paleoclimate record clearly shows that the first 100 years of the European settlement era in the Colorado River Basin was an unusually stable period of abundant water, and that there were sudden extreme swings between drought and floods during past geologic eras of rapid climate change.
One of most severe drought periods on record in the Colorado River Basin was between the years 900 to 1300, when regional temperatures close to today’s triggered “a period of extensive and persistent aridity over western North America,” according to a 2010 study in the Proceedings of the National Academy of Sciences…
Overpeck said, “The good news is that we understand what is happening to the Colorado River and why. This means we can have confidence on the solution, which is putting a rapid stop to climate change, mainly by ending the burning of fossil fuels.”
He added, “Simply put, the more oil and gas we burn, the less water will be available to the American Southwest.”
Using hydrologic models, researchers with the U.S. Geological Survey, found that the Colorado River basin is extremely sensitive to slight changes in temperature. In their new paper in the journal Science, they show for each degree Celsius temperatures rise, flows in the river are likely to decline more than 9%.
That decline is likely to cause severe water shortages in the Colorado River basin, where more water exists on paper in the form of water rights than in the river itself. Warmer temperatures diminish snowpack, lessening the amount of water available…
The reductions might sound small, Milly said, but they will be felt throughout the basin.
“There’s not a lot of slack in the system,” Milly said. “In the long-term communities, states will be making adjustments to how they allocate water.”
The finding comes as water managers throughout the watershed are gearing up for negotiations over a long-term plan for the river’s management. The Colorado River’s current operating guidelines expire at the end of 2026, and the states that make up the watershed are required to start negotiating new ones by the end of this year.
“The new rules must consider how to manage the river with unprecedented low flows in the 21st century,” Udall said. “The science is crystal clear — we must reduce greenhouse gas emissions immediately. We now have the technologies, the policies and favorable economics to accomplish greenhouse gas reductions. What we lack is the will.”
FromThe Washington Post (Juliet Eilperin, Chris Mooney):
Up to half of the drop in the Colorado’s average annual flow since 2000 has been driven by warmer temperatures, four recent studies found. Now, two U.S. Geological Survey researchers have concluded that much of this climate-induced decline — amounting to 1.5 billion tons of missing water, equal to the annual water consumption of 10 million Americans — comes from the fact that the region’s snowpack is shrinking and melting earlier. Less snow means less heat is reflected from the sun, creating a feedback loop known as the albedo effect, they say.
“The Colorado River Basin loses progressively more water to evaporation, as its sunlight-reflecting snow mantle disappears,” write the authors, USGS senior resource scientist Chris Milly and physical scientist Krista A. Dunne…
Milly and Dunne, who analyzed 960 different areas in the Upper Colorado River Basin to determine how disappearing snowpack influenced the river’s average annual flow, determined that the flow has dipped 9.3 percent for each temperature rise of 1 degree Celsius (1.8 degrees Fahrenheit). The average annual temperature for the area they surveyed has risen 1.4 degrees C (2.5 degrees F) in the past century, Milly said in a phone interview.
The region is poised to warm even more in the years ahead, Milly said, and it isn’t “likely” that precipitation can compensate for these hotter and drier conditions. Comparing the Colorado River’s historic flow between 1913 and 2017 to future conditions, he added: “That flow, we estimate, due to the warming alone would be reduced anywhere from 14 to 31 percent by 2050.”
Colorado State University senior scientist Brad Udall, who has written two papers attributing half of the Colorado River’s lower flows to warming temperatures, said in a phone interview that researchers now “have multiple lines of evidence pointing to a very similar number.”
“And this number is worrying,” Udall said of the new study. “I would say eye-popping.”
Andrew Mueller, general manager for the Colorado River District, said in an email that the new findings provide “confirmation of significantly grim indicators about future flow in the Colorado River.”
The amount of water that would disappear with another 1 degree C temperature rise, he added, is nearly five times what Las Vegas uses each year. “A decline in flows of this magnitude will present a significant challenge to all inhabitants in the Colorado River Basin.”
The current operating rules for the river expire at the end of 2026, and negotiations over how to share the water going forward start this year.
Udall said that in light of current projections, policymakers need to consider crafting an agreement where all the major players in the West will use less water than they do now.
“These projections are dire, but we’re looking at a glass that’s 70 percent full, not half full,” he said. “It could be grimmer.”
Officials at the U.S. Bureau of Reclamation, who brokered a drought contingency plan among seven states and Mexico last year, said that they are continuing to monitor the way climate change is affecting the river.
“Reclamation works closely with leading scientists at the state and federal level, as well as universities to understand the potential impacts of climate change on the Colorado River,” said bureau spokesman Marlon Duke. “We will continue to use the best available science to manage the river to sustain reliable water far into the future.”
Click here to read the newsletter. Here’s an excerpt:
USU TOOLS FOR UNCERTAINTY
Utah State University’s Center for Colorado River Studies has released a new white paper on new approaches and tools to manage the Colorado River for an uncertain future. The paper includes
recommendations for revisions to the guidelines for managing Lakes Powell and Mead, and the authors invite feedback.
Click here to read the White Paper (Jian Wang, David E. Rosenberg, Kevin G. Wheeler, and John C. Schmidt). Here’s the executive summary:
Colorado River managers and stakeholders face many uncertainties—issues like climate change, future water demand, and evolving ecological priorities. Managers and stakeholders are looking for new ways to communicate about uncertain future conditions, help cope with an uncertain future, and develop public policy when future conditions are highly uncertain. Historically, Colorado River managers have operated Lake Powell and Lake Mead under the assumption that the future natural flow regime of the Colorado River at Lee Ferry will resemble the previously observed regime, but most climate scientists believe that the flow regime is changing, and that future flows will be lower, more variable, and more uncertain.
• It is also difficult to predict future demand for Colorado River water, future river ecosystem conditions, or the values that future generations will attach to those ecosystem conditions. These uncertainties present immense challenges when developing river management policies to enhance water supplies and ecosystem condition.
• To help Colorado River stakeholders think about, talk about, and better manage the river in the face of these unknowns, this white paper distinguishes four levels of uncertainty. Future conditions can be described by point estimates with small ranges (Level 1), probabilities (Level 2), scenarios of possible future conditions (Level 3), or a level of complete unknown (Level 4).
• We represent each level with day-to-day and Colorado River examples. These examples illustrate how the further a stakeholder attempts to peer into the future, the greater the level of uncertainty.
• Managers and stakeholders can classify the uncertainty level of each key system factor to guide decisions about which modeling tools and public policies to use. Tools include defining alternative scenarios, Many Objective Robust Decision Making (MORDM), Decision Scaling (DS), and Dynamic Adaptive Policy Pathways (DAPP) for uncertain future conditions that can only be described by scenarios (Level 3).
• There is need to expand the discussion about how to renegotiate the Interim Guidelines and the Lower Basin Drought Contingency Plan (DCP). This discussion should consider uncertainties in future hydrology, demands, and river ecosystem conditions that can only be described by scenarios (Level 3). Revisions to the Interim Guidelines should (1) include more information about future conditions as new information becomes available, (2) define interim decision points (called signposts) when existing policies should be reconsidered, and (3) allow more flexibility in day-to-day management decisions that respond to unforeseen conditions.
• This white paper suggests that new guidelines designed to adapt to uncertain future hydrology, water demand, and river ecosystem conditions are likely to look quite different than the current guidelines, which seek to provide certainty about the amount of water managers can divert.
• New guidelines that acknowledge different levels of uncertainty levels will be more adaptable, more flexible, and will be better able to anticipate and respond to a wider range of future Colorado River conditions. This adaptability and flexibility can help avert future crises.
Policy priorities for the 2020 Colorado legislative session.
Colorado lawmakers returned to the Capitol on January 8th to kick off the 2020 legislative session. Even before bills were introduced, it was clear that the General Assembly will wrangle with issues that will touch every corner of the state and impact the daily lives of Coloradans. Water is one of these key issues.
Despite the optimism from a snowy December, Colorado’s snowpack is now starting to fall closer to average. Although Colorado is perched at 108 percent average snowpack statewide, much of the West Slope remains in drought conditions. With enough snowpack, flurries will melt and become flows for healthy rivers that support all of us. But as water supplies are becoming more unpredictable, sharing a limited water supply—statewide—between urban, rural, agriculture, industry, environmental and recreational needs is the challenge at hand.
Audubon Rockies is working with lawmakers and partners to prioritize water security for people, birds, and the healthy rivers that we all depend upon. Colorado’s birds and people cannot thrive unless our rivers do too. Here are three water priority areas for Audubon Rockies in the 2020 Colorado legislative session.
Funding Colorado’s Water Plan
Water security for Coloradans, birds, and rivers begins with implementing the state Water Plan. In the light of climate change and booming population growth, Colorado’s Water Plan, finalized in 2015, aims to ensure a sufficient supply of water for the various users across the state including environmental, agricultural, municipal, industrial, and recreational needs. Implementing Colorado’s Water Plan is projected to cost $3 billion in total, or $100 million a year over the next 30 years.
In November 2019, voters approved Proposition DD to legalize sports betting and a 10% tax on these casino revenues which will result in an estimated $12 million to $29 million annually, the majority of which will go toward the Water Plan. Proposition DD is expected to generate more than $7 million in new tax revenue for the Colorado Water Plan in 2020, a significant bump up from past funding sources.
At this point, it is not clear how the state will spend these dollars given the various priorities and the considerable Water Plan funding gap. The language in DD was vague and will need refinement and transparency. Stakeholders and lawmakers will likely explore options with the legislature to guide how DD funds are spent on Water Plan implementation.
Audubon will advocate for spending that supports healthy rivers for the birds and people that depend on them, as we support a fully funded Water Plan.
Supporting the Colorado River
In 2019, the Drought Contingency Plan was adopted by the upper and lower Colorado River basin states. One of next steps for Colorado and the other upper basin states is to investigate the feasibility of a demand management program. The Water Resources Review Committee recommended SB20-024 to create a robust public engagement process similar to the development of the Water Plan before adopting any rules or recommendations regarding demand management. While public input is nearly always a positive, this process seems to get ahead of the process established by the Colorado Water Conservation Board’s (CWCB) demand management workgroup. Audubon is monitoring SB20-024.
With Colorado’s water supply becoming more unpredictable and valuable, particularly on the West Slope, concerns were raised by the Water Resources Review Committee to address anti-speculation. Specifically, concerns were raised that agricultural water rights are being sold to entities with no real interest in farming or ranching in Colorado that are holding those rights for future, more profitable transactions. SB20-048, Study Strengthening Water Anti-Speculation Law, would create a working group to explore ways to strengthen anti-speculation laws and report its findings and recommendations to the committee next year. Audubon is in favor of SB20-48 to keep Colorado’s water out of the hands of risky transactions. We need to support our agricultural heritage and the habitats our working landscapes provide.
For the second year, Colorado lawmakers will see the return of two similar bills attempting to expand the instream flow program. Since 1973, the instream flow program has given the CWCB the unique ability to hold instream flow rights—water rights with the sole purpose of preserving the natural environment by remaining in streams or lakes. First, HB20-1037, Augmentation of Instream Flows, is essentially a rerun from last year with key benefits for the Cache la Poudre River near Fort Collins. The bill permits the CWCB to use water for instream flow purposes, if the water has been decreed for augmentation without seeking a further change of use in water court. (Augmentation water restores water uses that are out of priority.) This would create a new pool of water, with lower administrative costs, which could be available for instream use.
The second bill, HB20-1157, Loaned Water For Instream Flows To Improve Environment, looks to expand the existing instream flow loan program. Under the current law the instream flow loan program allows water right holders to loan water for three years out of a 10-year period to the CWCB to preserve water for rivers where there is an existing instream flow water right. The current program participation is not renewable.
HB20-1157 looks to expand the instream flow loan program by increasing the years of participation from three to five years in a ten-year period, and allow for two additional ten-year renewal periods. It also supports greater notification to local water users, provides for an expedited process to address water-short river emergencies, and adds a longer term procedure for loaning water to instream flow decreed river segments for improvement of the environment. The instream flow loan program is completely voluntary and allows greater flexibility for the water right holder to use their property right in a beneficial way.
In 2019, a similar bill to HB20-1157 passed the House of Representatives only to die in Senate Committee. Perceptions around the potential impacts to soil health from fallowed fields and on historical irrigation return flows from leaving water in stream rather than applying it on the land may have caused the bill to fail. With robust engagement and input from Audubon, partners, stakeholders and the Colorado Water Congress over the past year, bill sponsors are more optimistic for successful instream flow loan expansion in 2020.
Audubon supports multiple tools in the toolbox to support healthy rivers, agriculture, and economies. HB20-1157 and HB20-1037 bring greater flexibility and beneficial options for rivers and water right holders.
From email from the Center for Colorado River Studies:
A forum discussion on what politics, policy, and climate change have in store for Lake Powell.
Thursday, February 20, 6:30 pm
Historic Star Hall, Moab, Utah
Free and open to the public!
Join us, and a panel of experts, to start a conversation about long-term issues associated with management of Lake Powell. Since the Colorado River began filling Glen Canyon in 1963, the future of Lake Powell has been up for discussion. Climate change, politics and water-use policy all now factor into the fate of this vast reservoir in southern Utah.</blockquote>
As we look forward into 2020, the Colorado Water Conservation Board (CWCB) continues the important work of investigating whether a Demand Management program would be feasible and advisable for the State of Colorado. Demand Management is the concept of temporary, voluntary, and compensated reductions in the consumptive use of water in the Colorado River Basin. Any water saved would be used only to ensure compact compliance and to protect the state’s water users from involuntary curtailment of uses.
The Drought Contingency Plan, a suite of agreements among the seven Colorado River Basin States, was executed in May 2019, and provided the opportunity to begin initial discussions about a potential Demand Management program in the Upper Colorado River Basin. All Upper Basin States, including Colorado, are currently conducting their own feasibility investigations. Though these states recognized that Demand Management may be a mechanism for ensuring ongoing compact compliance, they also recognized that significant stakeholder outreach and interstate coordination would need to come first. In the event that Colorado reaches the conclusion that Demand Management is feasible and advisable, all other Upper Colorado River Basin States must agree to key elements before any program could be created.
Colorado’s investigation is guided by the 2019 Demand Management Work Plan, which was adopted by the Colorado Water Conservation Board. The Plan provides a framework for initial stages of the investigation, including: workgroups, regional workshops, and education and outreach.
Since the CWCB’s June 2019 update on Demand Management, the workgroups have met multiple times across the state to identify issues associated with a potential Demand Management program. Workgroups consist of experts in Colorado River issues and water management, along with water stakeholders. All meetings have been open to the public. Meeting details and reports are available on the CWCB website. In addition, the IBCC is aiding in this process by analyzing how principles of equity may be incorporated into any potential Demand Management program, if one is set up. This ongoing work is informing the feasibility investigation.
The second regional Demand Management workshop will be held at the Colorado Water Congress https://www.cowatercongress.org/2020-annual-convention.html on January 29 from 9:00 – 11:30 am. This workshop will provide an update on the feasibility investigation, and an opportunity for attendees to provide feedback on the work completed so far and potential next steps.
We are only in the initial stages of the feasibility investigation. CWCB staff plans to seek additional guidance this summer from the CWCB Board relating to the next steps of the feasibility analysis. Additionally, CWCB staff has reported to the Water Resources Review Committee as requested and continues to work with the Colorado General Assembly to secure funding for the feasibility investigation.
The CWCB recognizes the importance of a thorough investigation, including discussions with Colorado water users, stakeholders, and others across the state. At this stage, we cannot provide a timeline for completion of this feasibility investigation.
Get involved in the discussion:
Attend a workgroup meeting. All meetings are open to the public and provide opportunity for public comment.
Attend a regional workshop to hear updates on the feasibility investigation and provide feedback.
Reach out to us directly at firstname.lastname@example.org.
The CWCB would like to thank workgroup members who have spent significant time considering these important issues, as well as the water stakeholders and other Coloradans who have been involved with this investigation throughout the process. The CWCB looks forward to continuing its important work on Demand Management in the New Year.
To provide written comments on demand management, please email email@example.com. For more information from CWCB staff, email Sara Leonard at firstname.lastname@example.org.
Director, Colorado Water Conservation Board
Click here to read the newsletter. Here’s an excerpt:
Demand Management – a Hot Topic!!
There was an in-depth conversation around the Demand Management topic!
Celene Hawkins stated that the Demand Management workgroups are just at the beginning stages of work and there are still many questions. There is a greater need for coordination and keeping a steady pace of the work, while not moving too quickly so as to not miss things, as these are very complicated issues and need to take that time that is needed to do the work. There will be a joint IBCC and Demand Management work-group meetings that will take place March 4-5 where discussion could take place about that better coordination and how the CWCB can support the work-groups moving forward.
Russell George stated that the IBCC is not a work-group in Demand Management, they intentionally stand aside because they wanted to be ready as the IBCC to pick any particularly thorny question with the statewide implication that needed their help. The IBCC believes that at this point in time, and because of what’s going on with the river as a whole and the water levels of the big reservoirs, Demand Management becomes probably one of the most important issues for discussion on Colorado water issues that there is today. George explained that we owe it to the other Upper Basin states who are going through this drill, to work together to find an approach that works in all four states or to learn together that Demand Management can’t be done. Whatever conclusion is reached, it needs to be based on open and careful consideration of Demand Management as a tool that is being evaluated, as called for in the Drought Contingency Plans and Legislation.
“It’s time to protect Lake Mead and Arizona,” the state’s Republican governor, Doug Ducey, said in his state of the state address in January 2019. He spoke to lawmakers in the midst of uncomfortable, emotional discussions at the statehouse in Phoenix about who gets access to water in the arid West, and who doesn’t.
“It’s time to ratify the Drought Contingency Plan,” Ducey said to a round of applause.
The multi-state deal was the first issue Ducey brought up in the speech, and indicated it should be the legislature’s first priority. The deal was designed to keep the Colorado River’s largest reservoir — Lake Mead outside Las Vegas — from dropping rapidly and putting the region’s 40 million residents in a precarious position.
Within weeks Arizona finished its portion of the plan. Tribal leaders in the state didn’t receive any accolades in Ducey’s speech. But a recent Arizona State University report suggests they should have. The report’s authors said without the actions of two tribes — the Gila River Indian Community and the Colorado River Indian Tribes — the deal would’ve likely collapsed.
“We know that you have to live in harmony with your surrounding community, with the water resources, you have to respect that,” Gila River Indian Community governor Stephen Roe Lewis said after Ducey’s speech.
To get the deal across the finish line, Lewis’s tribe agreed to lease a portion of its water to the Central Arizona Groundwater Replenishment District, which supplies water for new homebuilding in the Phoenix and Tucson metro areas. The Colorado River Indian Tribes agreed to fallow cropland on its reservation, which spans the Arizona-California border, and leave the unused water in Lake Mead.
“This is a legacy, history making moment for all of Arizona,” Lewis said.
Arizona’s portion of the Drought Contingency Plan became a unique example in the basin of tribal leaders asserting themselves in broader discussions about the river’s management. Historically, tribes in the Colorado River basin have been marginalized and ignored, left out or outright banned from discussions of Western water development.
With the drought plan done, some tribal leaders say their water rights can’t be ignored any longer, and that it’s irresponsible of Western water leaders to leave them out of large multi-state agreements. And a recently finished federal study is amplifying tribes’ call for a seat at the table to negotiate the river’s future.
“Early on, five years ago, the tribes didn’t think, well, how do we participate in this process?” said Daryl Vigil, member of the Jicarilla Apache Nation in northern New Mexico, and acting director of the Ten Tribes Partnership, an organization that represents the interests of 10 Colorado River basin tribes.
“But, I think given the nature of the senior nature of tribal water rights, they absolutely needed to be involved in that process,” Vigil said.
In December 2018, the federal government released the Tribal Water Study, which looked at water use within tribes, and projected future demands. One big takeaway from the report gained attention across the Southwest: On paper, tribes have rights to about 20% of all the water in the Colorado River watershed. Tribes aren’t using all the water they have rights to, but they plan to, which will have ripple effects throughout the entire southwestern watershed, Vigil said…
Celene Hawkins, who heads up The Nature Conservancy’s work on tribal water issues in the Colorado basin, said while tribes were largely left out of the negotiating process that led to the 2007 guidelines, the tone is different now. (The Nature Conservancy receives funding from the Walton Family Foundation, which also supports KUNC’s Colorado River coverage)
“I am hearing more conversation throughout the basin about tribal inclusion in the process,” Hawkins said. “I don’t know how it’s going to look yet, but there seems to be a commitment to doing better by having the tribal voices at the table this time.”
When the tribes show up to negotiate, they’ll be entering the room with some of the most senior water rights in the basin, which comes with their own level of value and power. Selwyn Whiteskunk, who manages water issues for the Ute Mountain Ute tribe in southern Colorado, said he plans to push for more flexibility in the tribe’s water rights portfolio.
FromThe Boulder City Review (Celia Shortt Goodyear):
The water at Lake Mead is projected to be at its highest level in years, but the drought is still not over, according to the Bureau of Reclamation.
Lake Mead’s elevation is around 1,092 feet, which is the highest it has been since May 2014, but it is still only 42% full, said Patti Aaron, public affairs officer for the bureau’s Lower Colorado Basin Region.
“Drought isn’t determined by the amount of water in Lake Mead,” Aaron said. “We would need to see at least two to three back-to-back years of above-average hydrology, hopefully more, to say we are out of the drought. There isn’t a set definition of when drought ends.”
There have not been two back-to-back good years since the late 1990s.
Aaron said the higher water levels are due to a wet November and December, causing an above-average inflow into the lake.
“Regarding the rising lake levels, this is part of the normal seasonal trend in which cooler weather reduces water orders from Lake Mead,” she said.
She added that the water level will decline by nearly 20 feet in the spring and summer because water orders will increase before the elevation rebounds later in the year.
The higher water levels are also due to conservation by the lower basin states and Mexico. The Lower Basin Drought Contingency Plan, which took effect on Jan. 1, requires water savings contributions by the United States and Mexico.
Aaron said voluntary conservation activities added about 9 feet to Lake Mead’s elevation last year.
The Colorado River had a great 2019, with Lake Mead rising the most in a decade due to heavy flows into the river stemming from last year’s primo snowpack.
But 2020 isn’t shaping up as well, with a dry monsoon season and fall in 2019 paving the way for expected below-average spring summer runoff this year.
Right now, the April-July runoff is supposed to be 82% of average. That compares to 145 % of average in 2019, the second-best runoff season in the past 20 years, says the federal Colorado Basin River Forecast Center.
Despite last year’s excellent river flows, most experts also say the Colorado still faces long-term supply issues because of a prolonged pattern of below normal runoff that has existed since 2000 due to drought and climate change…
Last year’s high river flows, fueled by heavy late winter and spring snows, caused Lake Mead to rise 9 feet to a little more than 1,090 feet in elevation. That’s its highest year-end elevation since 2013, although it’s well below the lake’s 1,213 foot elevation at the end of 1999…
Part of the reason was that the federal government released an above-average amount of water last year from Lake Powell to Mead, of 9 million acre feet. The river’s tributaries between the two lakes also got a lot more water than usual.
Arizona and the other Lower Basin states also took a lot less water from the river than they normally do — the lowest amount in 33 years.
But that doesn’t mean the area’s long-term structural deficit is fixed, said John Fleck, director of the University of New Mexico’s Water Resources Research Center, who posted last year’s favorable results on his “Inkstain” blog this week.
“Without bonus water released from Powell and extra-big inflows through the Grand Canyon, Mead would still be dropping,” he said.
The runoff forecast for 2020 is below average right now in part because total precipitation has been near to below average in the majority of the Upper Colorado River Basin, said the forecast center.
Upper Colorado River Basin snowpack, which feeds the river that supplies Lake Powell, was at 90% of normal [January 10, 2020], U.S. Department of Agriculture statistics show.
Water managers from throughout the Colorado River Basin took the stage at the Colorado River Water Users Association conference earlier this month to talk about conserving water in the face of the twin threats to the river: increasing demand and climate change.
The state of Colorado is currently exploring a water-use-reduction program that is largely designed to pay farmers and ranchers on the Western Slope to voluntarily conserve water. While there’s still debate whether such a program should be implemented, the first question many ask is how to pay for such a program. In recent months, some water managers have come up with innovative ways to fund the controversial water-use-reduction plan — known as demand management — that wouldn’t rely entirely on taxpayers.
The drought contingency plan, which water leaders inked at last year’s annual CRWUA meeting, set up a reserve account of 500,000 acre-feet of water that the Upper Basin — Colorado, Wyoming, Utah and New Mexico — could use to store water in Lake Powell as an insurance policy against dwindling reservoir levels.
In November, Colorado voters passed Proposition DD, which is projected to funnel roughly $16 million a year to the Colorado Water Conservation Board, or CWCB, by taxing sports betting. Demand management is one of the two things money from Proposition DD could fund (the other is Water Plan grants).
However, it’s widely accepted that $16 million is not enough to fund either of those things in their entirety. Demand management needs other sources of money.
Although the Glenwood Springs-based Colorado River Water Conservation District still isn’t convinced that a demand-management program is the right approach for the Western Slope, general manager Andy Mueller told the Las Vegas crowd that the Upper Basin has to reduce its water consumption — and explore creative solutions to accomplish that.
“I often talk about the Lower Basin overuse and how that’s driving the problem, and I will say they in the Lower Basin need to fix that problem,” Mueller said. “I will also say we in the Upper Basin … need to reduce our use. The science is pretty clear. Water we all thought was there even 15 years ago is not going be there. You can’t have water for the environment and the people if we are not reducing consumptive use throughout the basin.”
Who should pay?
So, if nearly all water users on the Colorado River, including those in the Lower Basin — California, Nevada and Arizona — would stand to benefit from a demand-management program, who should pay for it?
Not Colorado taxpayers, Mueller said, at least not entirely.
“Eighty million (dollars) a year would need to be out there in payments to get the appropriate amount of water in Lake Powell,” he said. “That cost to taxpayers is too high. So you turn to: Who else benefits from us creating a storage account in Lake Powell?”
One answer: power providers in both the Upper and Lower Basin states, who all need Lake Powell to remain above 3,525 feet, the minimum level required to continue generating hydropower. Some Upper Basin power cooperatives such as Western Area Power Administration, which sell power to local communities, including Aspen and Glenwood Springs, purchase hydropower generated at Lake Powell. Adding a small demand-management surcharge to customers’ bills is something that should be explored, Mueller said.
“Power customers should share in the costs of us storing for demand management,” Mueller said.
Another potential source of funds could be nonprofit environmental groups, since sending more water downstream to Lake Powell would also benefit stream health. The federal government, whose Bureau of Reclamation operates Lake Powell and Lake Mead, also has a role to play, Mueller said.
But no matter where the money comes from, Mueller said it must be channeled through the CWCB in a heavily regulated market to prevent speculation by private buyers.
“We have been very clear it needs to be a guided market if it’s going to happen, with lots of thoughtful, proactive rules to prevent lots of serious consequences,” he said.
The CWCB currently has a workgroup devoted to exploring how to fund demand management. The group has met twice so far, but CWCB facilitator Anna Mauss said the two biggest questions the group is grappling with are these: how much water is needed and what would the cost be. The workgroup, she said, will dive deeper into funding strategies at the next meeting, scheduled for the end of January.
“We are baby-stepping into this, trying to be diligent,” Mauss said. “It’s really just looking at scenarios at this point.”
The state is also encouraging innovative ideas from the private sector. The CWCB recently awarded $72,000 to 10.10.10, a Colorado Nonprofit Development Center project that aims to tackle “wicked problems” in water and climate. Under the program, 10 entrepreneurs will, over 10 days, attempt to tackle 10 systemic issues that are not adequately addressed by government, organizations or institutions.
“Yes, we are looking at demand management, and it could be one of the wicked problems we address,” said Jeffrey Nathanson, president of 10.10.10.
Platform for payment?
While some people work on finding sources of funding, others are already creating a platform to pay irrigators once the money is in place. Southwest Colorado water managers Steven Ruddell and David Stiller think a reverse auction to compensate water users for using less is the best way to go.
A reverse auction, which features many sellers (farmers and ranchers) and one buyer (the state of Colorado through the CWCB), would allow water-rights holders to set the lowest price they are willing to accept to voluntarily send their water downstream. According to Ruddell and Stiller’s paper on the subject, a reverse auction would remove paying for demand management from a political process and move it into a market-based process that lets water-rights holders bid the fair-market value of their water. It would also keep costs down for the CWCB.
Ruddell and Stiller presented their reverse-auction idea at the Upper Colorado River Basin Forum at Colorado Mesa University last month.
“We’ve tried to bite off a small piece of demand management by suggesting we use an auction that people are familiar with,” Ruddell said. “It’s used to determine the value of something, especially in the ag world.”
There are still many questions surrounding how a demand-management program might be paid for.
“There are all sorts of options,” Mueller said. “We shouldn’t just focus on raising taxes in our state.”
Aspen Journalism collaborates with The Aspen Times and other Swift Communications newspapers on coverage of water and rivers. This story appeared in the Dec. 30 edition of The Aspen Times.
Click here to view the Twitter hashtag #CRWUA2019 from the conference.
Standing atop Hoover Dam, peering over the chain-link fence down its 726-foot concave face of concrete, you simply feel impressed. The dam tamed the Colorado River’s floods and created a reservoir, Lake Mead, able to hold 26.1 million acre-feet of water, not quite two years of annual flows, when full at an elevation of almost 1,220 feet.
But Lake Mead has been nowhere close to full for most of the 21st century. The widening “bathtub ring” of white in the once-black, volcanic rocks of Boulder Canyon documents the reservoir’s 190-foot fall. Despite a rambunctious runoff from the previous winter’s snowpack in the Rocky Mountains, the reservoir was 61 percent empty by mid-August 2019. The U.S. Bureau of Reclamation that same month projected the reservoir would be below 1,090 feet on January 1, 2020. That finding triggered the first-ever delivery cuts to Arizona, Nevada and Mexico under the Lower Basin Drought Contingency Plan, or DCP, signed by the basin states in 2019.
It’s a new era in the lower Colorado River Basin. The 20th century was one of engineering triumphs, ever more straws inserted into the river in defiance of geography and the innate aridity of the lower basin, the region below Lee Ferry, Arizona. This includes portions of Arizona, Nevada and California along with the Mexican states of Sonora and Baja California but also tribal lands, sovereign yet part of the United States. Water stored in Mead and other vessels gives Las Vegas Boulevard its fountains and faux falls, grocery stores across the country a reliable delivery of broccoli, lettuce and spinach in mid-winter, and Phoenix, San Diego and other metropolitan areas their prosperity.
Now comes a period of cutting back, pinching water deliveries for a time or perhaps forever. The first rude shock of this new challenge arrived during the first four years of the 21st century, the river delivering only 63 percent of what was then defined as normal at Lee Ferry. During the same period, in 2003, then-Interior Secretary Gale Norton ordered annual Colorado River deliveries to California cut to 4.4 million acre-feet, the state’s legal apportionment under the Boulder Canyon Project Act of 1928. The state had been taking 5.3 million acre-feet. It did so because it could. Nobody was being shorted, save for the river’s delta at the Gulf of California, which has not reliably seen water since the 1960s.
The Bureau of Reclamation then began working with the seven U.S. basin states to develop a plan if water-short years continued. The result in 2007 was the Colorado River Interim Guidelines for Lower Basin Shortages and Coordinated Operations for Lakes Powell and Mead. By identifying cuts in water deliveries to the lower basin keyed to reservoir elevations, the guidelines aimed to keep Mead from falling to worrisome levels. At 1,075 feet, the crisis would become real and deliveries to Arizona and Nevada would be cut. Those cuts deepen at 1,050 feet, when Mead is at 29 percent of capacity and hydroelectric production at Hoover Dam ends. More cuts come at 1,025. At elevation 895, Mead can no longer release water downstream. It’s called dead pool.
Water levels in Mead have flirted with but never crossed 1,075, the trigger for a shortage declaration under the interim guidelines. In 2013, after two years of exceptionally low flows, the Bureau of Reclamation and the seven states agreed an additional cushion was needed. That’s what the Lower Basin DCP provides, with cuts to lower basin states beginning sooner, at 1,090 feet, and greater cuts at lower elevations.
The Lower Basin DCP can be seen as part of the broader Colorado River DCP and a 2017 agreement called Minute 323 that was tacked onto the 1944 U.S.-Mexico water treaty, committing Mexico to deeper shortage sharing.
Two giant issues still loom, unresolved by the DCP. First, it does not address what experts call the “structural deficit.” Lower basin states have been using 1.2 million acre-feet annually more than the river delivers on average. Evaporation and system losses are not assessed against the lower basin.
Second, the river will likely deliver even less water in the future. Rising temperatures have been robbing the river of water, part of a climatic shift with no end in sight.
Belt-tightening identified in the DCP, though temporary, should suffice until a broader reassessment of Colorado River operations is completed. The DCP and interim guidelines expire in 2026, by which time a new river management plan will likely be in effect.
Of the lower basin states, Arizona has the most at stake in keeping Mead above crisis level. The Colorado River Compact apportions the state 2.8 million acre-feet annually, dwarfing Nevada’s allocation of 300,000 acre-feet. The Colorado River provides nearly 40 percent of Arizona’s water.
The Central Arizona Project, or CAP, delivers 1.6 million acre-feet, more than half of the state’s Colorado River supply. In 1968, when authorizing CAP funding, Congress conceded California’s demand that CAP water be junior in priority to California. That means CAP users take shortages first if Mead levels decline.
Before signing the DCP, Arizona had to develop an intra-state plan. It was a pained but ultimately self-affirming experience. Arizona began its discussion in 2015 but got little done amid internal squabbling. Then a good snow year in the Rockies caused Mead to rise. One CAP director even wondered publicly whether planning for future shortages was necessary. That myopia was dispelled by the winter of 2017-2018. It was the fifth-driest year on record, with flows from the upper basin, source of 92 percent of the river’s water, just 41 percent of average. As Arizona dithered, Reclamation Commissioner Brenda Burman warned that if Arizona and other states didn’t take action by January 31, 2019, her agency would.
With a hard deadline and a sharp decline in river flows, Arizona’s major water agencies, the Arizona Department of Water Resources and CAP, coalesced by June 2018 to lead a transparent and inclusive 42-member task force. The result was 14 distinct agreements that together constitute compromises, payments, and water transfers to reduce use, some temporarily and others permanently. Then Arizona legislators had to approve their state’s drought contingency plan.
“It was emotionally charged, because not everybody was going to be pleased,” says Rosanna Gabaldón, a state representative whose district straddles Tucson and rural areas. For a time, Gabaldón doubted Arizona could agree on a drought package. But the legislation was signed with six hours to spare. Upon her review, Burman said both Arizona and California hadn’t completed their work, but they met her extended deadline of March 4.
Arizona’s cuts come almost entirely from the 1.6 million acre-feet pumped from the Colorado River through the CAP. CAP’s 336-mile canal crosses Phoenix and Tucson and reaches farmers in Pinal County, between the metropolitan areas. In 2020, because the Bureau of Reclamation’s August 2019 24-month study projected Lake Mead to fall below 1,090 feet by January 1, 2020, Arizona this year will take 6.9 percent less, or a 192,000 acre-foot cut. If Mead drops to 1,075 feet, as remains distinctly possible, Arizona could lose up to an additional 512,000 acre-feet, though some of that water could be recovered at a later date if storage recovers. At 1,025 feet, it cuts back up to 720,000 acre-feet, or nearly 26 percent of its Colorado River water.
Cities fare well enough in this squeezing exercise. Phoenix and six of its suburbs will see successive cuts beginning at Mead elevations of 1,075 feet. For Tucson, the spigot tightening begins at 1,045 feet and tightens even more at 1,025. However, only if Lake Mead falls to 1,000 feet would Tucson possibly have to cut water sent to homes or businesses.
Agriculture takes Arizona’s biggest hit. That was expected. If agriculture was the primary argument for the CAP in the 1960s, it had the lowest priority among the contracts. This use is almost entirely in Pinal County. Flat and mostly rural, most drivers on Interstate 10 between Phoenix and Tucson hurry through it. The county’s 200 farms produce 45 percent of Arizona’s cattle, 42 percent of its cotton and cottonseed, and 39 percent of its milk, according to a study commissioned by Pinal County irrigation districts. Cities were unimpressed. The total economic output of these Pinal County farms, they pointed out, was half that of the state’s golf courses.
Groundwater was the sole source of water in Pinal County from 1940 to about 1990, when CAP water arrived. Farmers, though, couldn’t repay even the subsidized costs of CAP’s capital-intensive infrastructure. In 2004, they agreed to a shorter-term contract for Colorado River water while being relieved of infrastructure costs. This lower-priced water is also subject to availability, however. Irrigators were already scheduled to stop receiving CAP water entirely by 2030. The plan was for farmers to then return to exclusive groundwater use. Arizona’s DCP will cause the farmers to lose a third of their water in years 2020-2022 and lose deliveries altogether in 2023, seven years earlier than previously scheduled.
Arizona’s compromise yielded the Groundwater Infrastructure Fund, which identifies $50 million—$20 million of it state money—for Pinal County farmers to finance new groundwater-pumping infrastructure. Not all legislators supported the aid.
“But many of us drew the line at funding groundwater-pumping infrastructure, which to us was going backwards. The last thing we should be doing is returning to depleting our groundwater aquifers”, says Airzon State Rep. Kirsten Engel, a Democrat from the Tucson area.
Will this cause farmers to pump groundwater below Pinal County to extinction? Probably—assuming that Lake Mead continues to sag. Application of Colorado River water across the cotton and alfalfa fields allowed the aquifer to rise to nearly 1940 levels. With no river water percolating into the aquifer, it will inexorably decline. Other, less thirsty crops have been getting attention: industrial hemp and a shrub called guayle, which produces an alternative to rubber. But these conversations occur in the margins.
New conservation efforts, including those in agriculture, will benefit from $2 million appropriated by state legislators. Arizona Gov. Douglas Ducey also replaced a council focused on water augmentation with one responsible for studying innovation and conservation.
New political strength of tribes, particularly those in Arizona, was evident in the drought contingency planning. Arizona tribes get 12.5 percent of the state’s water directly from the Colorado River and another 17.5 percent of CAP water. The Gila River Indian Community alone has 311,000 acre-feet, the largest single contract for CAP water. Their reservation just south of Phoenix was created in 1859, giving it the highest priority. The intra-Arizona DCP gives the Gila River Indian Community $92 million for 200,000 acre-feet lost in the DCP’s seven-year life. They also lose additional water that tribal officials value at $30 to $50 million. For the Gila River Indian Community, the DCP negotiations were something of a coming-out party. With European settlement, the tribe was dispossessed of their water until the Arizona Water Settlement Act of 2004 allowed the tribe to use water rights that had previously existed only on paper. Even so, the Gila were not invited to be at the table at the outset of DCP planning. “Tribes have to be at the policy table,” said Governor Stephen Roe Lewis. Now, they definitely are.
The Colorado River Indian Tribes—consisting of four distinct tribes, the Mohave, Chemehuevi, Hopi and Navajo, with a reservation that stretches along the Colorado River in Arizona and California—also played a significant role. They divert nearly 600,000 acre-feet directly from the Colorado River at the border between Arizona and California, with priority dates from 1865-1874. “This is not CAP water. It is not subject to being cut. It is the highest priority water in the lower basin,” explained Margaret Vick, special counsel to the Colorado River Indian Tribes, at the June 2019 Getches-Wilkinson Center Summer Water Conference at the University of Colorado-Boulder. After a history of being taken advantage of, the tribes are now “partners with the state legislative leaders,” she said.
The four tribes agreed to take 10,000 acres of farmland out of production for three years, allowing the water to instead remain in Lake Mead. In return, the tribes receive $38 million, including $30 million from the state and $8 million from the Environmental Defense Fund and the Walton Family Foundation.
“I don’t think Arizona could have met their requirements without the water that the tribes put on the table,” says Larry MacDonnell, an adjunct law professor at the University of Colorado-Boulder and a member of the Colorado River Research Group.
California has different tensions. The state has more Colorado River water, 4.4 million acre-feet, the majority of it claimed for agriculture prior to the Colorado River Compact.
About a quarter of southern California’s water comes from the Colorado River. Metropolitan Water District of Southern California delivers this Colorado River water, along with water imported from northern California, to smaller agencies that collectively serve 19 million people. Metropolitan’s basic annual apportionment of Colorado River water is 550,000 acre-feet, and it gets about 400,000 of additional Colorado River water through transfers and exchanges, largely from irrigation districts. Under the DCP, if Lake Mead drops below 1,045 feet, California will contribute between 200,000 and 350,000 acre-feet of water a year, depending on the lake’s elevation. Because of the wet year in 2018-2019, Reclamation estimates a less than 10 percent chance that the reservoir will fall to that level by 2026.
California’s contribution under the DCP is shared by two of the state’s three big irrigation districts and Metropolitan. Initially, the Imperial Irrigation District (IID) was also planning to participate. It conditionally approved the plan in December 2018 but in March 2019, just before a federal deadline, IID decided it would not support the DCP as negotiated because one of its conditions—federal funding for the Salton Sea—had not been satisfied. Metropolitan’s board of directors voted to contribute an additional 250,000 acre-feet to Lake Mead if necessary to cover the Imperial Irrigation District’s portion. But these contributions are not permanent. Metropolitan, along with others in California, Arizona and Nevada, can in the future withdraw water left in Lake Mead under a provision in the 2007 guidelines called “intentionally created surplus,” or ICS.
ICS water is made through projects that create water system efficiency, conservation, or even importation of water into the Colorado River Basin. ICS water temporarily augments reservoir levels but is then available for later drafting by whomever contributed it. The Bureau of Reclamation reported provisionally that in 2018 Nevada had 700,448 acre-feet, California 698,432 acre-feet, and Arizona 343,052 acre-feet of ICS water stored in Mead.
This water might better be understood as a savings deposit. Metropolitan has stored and withdrawn water three times. But what if an entity wants to withdraw when those savings are most desperately needed? Imagine the scene from the movie “It’s a Wonderful Life,” when the panicked townspeople of Bedford Falls show up at the savings and loan, demanding their C-notes.
Brad Udall, senior scientist and scholar at Colorado State University, told a U.S. House subcommittee in February 2019 that this illustrated an implicit flaw in the concept. “These water storage efforts allowed us to push the problem forward in time, hoping Mother Nature will rescue us,” Udall said.
Bill Hasencamp, manager of Colorado River resources for Metropolitan, says his agency’s savings balance is responsible for about a 12-foot increase in Mead—contributing significantly to keeping the reservoir out of shortage. But he agrees that the savings device is not the long-term answer to the oversubscribed Colorado River Basin. “Eventually we have to make some permanent cuts in the lower basin, and that’s what we’re gearing up for in 2026 negotiations,” Hasencamp says.
More tension revolves around the shrinking Salton Sea, located 125 miles northeast of San Diego. It’s an ancient sea bed, below sea level, and filled sporadically through the ages by the Colorado River as it wandered on various paths toward the ocean. Its current iteration dates to 1905, when the river wrestled free of an attempt to channel it into orderly submission. It’s a shallow, salty marvel with twice the surface area of Lake Tahoe that also serves as a major stop for migrating birds, some listed on state and federal endangered and threatened lists, along the Pacific Flyway.
Water levels were sustained by 1.3 million acre-feet of annual runoff from Imperial Valley farms until 2003, when the Imperial Irrigation District began transferring water saved through conservation measures to San Diego County, Metropolitan, and the Coachella Valley Water District. The sea has fallen 9 feet since those transfers began, the saline water lapping onto shore at 237 feet below sea level in July 2019. As it does, the Salton becomes saltier, some 4 million tons of salt arriving through farm runoff each year, increasing the salinity 1 percent annually.
The Pacific Institute’s Michael Cohen, whose work for the past 20 years has focused on revitalizing the Salton Sea, identifies two problems. First is the decline of the sea in size and in its capacity for sustaining fish. It has dramatically fewer fish than 20 years ago, which in turn sustain resident and migratory birds. Birds have also lost roosting and breeding habitat.
A second issue is the human health impact of the wind blowing chemical-laden dust from the receding shores. The 650,000 residents of the Coachella and Imperial valleys already had a high incidence of asthma. The American Lung Association gives Imperial County an “F” score in high ozone and particulate pollution. The county seat, El Centro, is ranked eighth worst among 203 metro areas across the country for annual particle pollution. As transfers from irrigation districts to cities ramp up in the next decade, Salton Sea levels are expected to drop another 15 feet or so, exposing more toxic dust and more chronic respiratory issues. The shoreline by then will have receded 5 miles since 2003.
A 10-year Salton Sea mitigation plan, approved in 2017, has had stubby financial legs. To implement the phase-one plan requires $400 million, of which $300 million has somewhat belatedly been secured. That’s just the start of a longer-term plan for wetlands restoration and other mitigation.
For the Imperial Irrigation District, mitigating Salton Sea problems became the defining issue in the DCP. The district has legal rights to 18 to 20 percent of all Colorado River Basin water, 3.1 million acre-feet altogether, including use of 2.68 million acre-feet pre-compact, as of 2019. District directors in December voted to support the overall DCP framework. However, that support was contingent upon the federal government delivering $200 million for Salton Sea remediation.
Led by Metropolitan, California supported the DCP without the provision of contingency upon the federal funding. In March, Imperial sued Metropolitan and three other water districts, citing absence of a thorough environmental review of the drought plan. “Just as it is hydrologically connected to the Colorado River, the Salton Sea is inseparable from the DCP, and any attempt to sweep it aside or pretend it doesn’t exist is as unsustainable as it is cynical,” said Erik Ortega, president of the district, in a March 1 statement. “We all need to cross the finish line together, in California and across the two basins, but that won’t happen by taking shortcuts, environmental, economic or otherwise.”
In April 2019, on the day President Trump signed the DCP into law, Imperial asked a California court to suspend approvals of the lower basin DCP until after an environmental analysis was completed. With that, California, the lower basin, and all seven basin states moved forward on the DCP without the Imperial Irrigation District and without solving the problem of the Salton Sea.
Mexico is also part of the Colorado River Basin, apportioned 1.5 million acre-feet annually by the 1944 Mexican Water Treaty. It, too, is a partner in the effort to keep Mead from declining. A 2012 binational agreement specified that a shortage declaration under the 2007 interim guidelines would reduce deliveries to Mexico of up to 125,000 acre-feet. That agreement, Minute 319, also produced the historic 2014 pulse flow that used Mexico’s water stored in Lake Mead to wet the delta for the first time in 16 years. Minute 319 has since been supplanted by Minute 323. Signed in 2017, Minute 323 authorizes Mexico to continue storing water in Lake Mead and also commits the United States to financially support water efficiency projects in Mexico with the goal of leaving 200,000 acre-feet of water in Mead to benefit both countries. It also requires both countries to provide water and funding for delta habitat restoration.
Looking forward, Jennifer Pitt, director of Audubon’s Colorado River Program, sees need to build on existing binational relationships. “I think Mexico has already demonstrated that they are willing to be a partner in the equitable distribution of shortages, and I don’t think we should expect any different,” she says. Equitable, she believes, means proportionate to the shortages absorbed by the lower basin states.
Both the DCP and Minute 323 will expire in 2026. Negotiations between the U.S. and Mexico to determine what comes next after Minute 323, the DCP, and the interim guidelines, “will be tied to their implementation and operating experience [of Minute 323] between now and then,” Pitt says.
Minute 323 identifies specific projects but has no provision for another pulse flow. Pitt sees the river delta being like the Salton Sea: undeniably a part of the Colorado River Basin. The drying of the delta was the first visible signal of water imbalance.
Doing something about it means finding water to create a more resilient ecosystem that can address the habitat needs of birds that used that area as part of their migration path, she says. That this ecosystem is in Mexico also matters. “If the restoration effort were to be abandoned, we don’t know if Mexico would be as willing to share in the shortages with other water users,” Pitt says.
Even before the DCP was signed in May 2019, eyes were already on replacement of the interim guidelines and the DCP. It poses a greater challenge yet. The word “drought” probably should be discarded in the 2026 document’s title because the big overlapping issues of climate change and structural deficit that it must address are broader. “Hard issues left unresolved by the DCP will make the coming negotiations even more challenging,” said Udall in his February testimony to the U.S. House subcommittee.
But the DCP also marks several major achievements. The work was more inclusive, more deliberate in bringing tribes and environmental groups to the table, both of them often overlooked or strictly adversarial in the past. Even where it failed, there was success, as the Colorado River Research Group, in a May 2019 paper, pointed out: “Two of the most problematic features of the current management framework—the inability of Pinal County, Arizona, farmers to easily absorb CAP curtailments, and the environmental and public health challenges associated with limiting Salton Sea inflows—have influenced, and are influenced by, matters that were heretofore considered outside of basin water management planning.”
Too, the DCP carved a path, concrete in its details and immediate in its consequences, to reconcile reality with diversions. Based on the plan’s provisions, the Bureau of Reclamation in August 2019 ordered reduced deliveries to Arizona of 192,000 acre-feet and to Nevada of 8,000 acre-feet in 2020. In addition, under its supplemental treaty agreement, Mexico gets 41,000 acre-feet less. Those cuts were based on projections that Mead’s water would be below 1,090 feet, the new cushion level, on January 1, 2020. That water must remain in the reservoir until Mead rises above an elevation of 1,100 feet. These are the first, marked acknowledgements of the 21st century hydrologic realities.
In Arizona, David White, deputy director of the Julie Ann Wrigley Global Institute of Sustainability at Arizona State University, sees the template that emerged dwarfing the details in importance. “That was a very big win for the state,” says White. Creating an open, transparent process for figuring out how to apportion cuts was vital.
The Arizona Republic was of a like mind. “Let’s be clear. This deal isn’t perfect. It’s costly and painful, and it solves exactly zero of our water problems,” it wrote in a January 31, 2019, editorial. “All DCP does is buy us time. But it showed us how to solve our problems and move forward in a drier future.”
Colorado River users – and the 40 million people served by the river – received clarity moving into 2020 at the 2019 Colorado River Water Users Association (CRWUA) conference in Las Vegas.
There, Secretary of the Interior David Bernhardt announced that “the Department will immediately begin work on a new report that will analyze the effectiveness of current Colorado River operational rules to ensure continued reliable water and power resources across the Southwest – a year ahead of when the current rules require the report.” The report will be a review of the effectiveness of Colorado River operations since enactment of the 2007 Guidelines, including the implementation of the Drought Contingency Plans (DCP) in 2019.
The evaluation of the effectiveness of the 2007 Guidelines is a mandatory first step in what has come to be called the “Reconsultation” – the process that will lead to next set of rules for managing the Colorado River and the River’s major reservoirs when the current Guidelines expire at the end of 2026.
The Secretary’s comments echoed the remarks made earlier at CRWUA by U.S. Bureau of Reclamation Commissioner Brenda Burman, that it was too early to begin work on developing the next set of operating rules – that would get in the way of implementing DCP and the evaluation of the 2007 Guidelines.
Arizona’s next steps in this process are already underway. Central Arizona Project (CAP) General Manager Ted Cooke and Arizona Department of Water Resources Director Tom Buschatzke began meeting with Arizona’s DCP Steering Committee delegates two months ago to initiate post-DCP discussions. The announcements from the Department of the Interior are consistent with the expectations and approach underway by CAP and ADWR.
At the federal level, the immediate work is to prepare a report that will analyze the effectiveness of the Guidelines. This will take some time to accomplish, but the early start sets the stage for the second step of the Reconsultation, which will be the development of the next program, which will need to be in place in 2026. The Secretary estimated it would take about a year to complete the new report. The Basin States and other experts would be consulted as part of the report preparation process.
Said Barnhardt, “This conference brings together the best ideas for managing the Colorado River. This year’s historic agreements once again demonstrated that the best way to protect the Colorado River is collaboration and cooperation, not litigation. Looking ahead, we are eager to complete a review of our current operations by leveraging that collaborative approach to identify lessons learned from rules that have guided our operations since 2007. Thank you to CRWUA for providing the forum for launching this initiative.”
CRWUA is the only association focused solely on Colorado River issues. It provides an opportunity for those with interest in the river to convene and discuss issues. The CRWUA conference also provides the opportunity for the U.S. Department of the Interior to speak to Colorado River users in one venue.
This year’s conference featured a resolution recognizing the 130th anniversary of the International Boundary and Water Commission (IBWC) and the 75th anniversary of the 1944 Treaty Concerning the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande. The 1944 Treaty established a framework that provides significant and enduring benefits to Colorado River water users in the United States and Mexico and stands as an example of international cooperation and collaboration.
At this year’s conference, Central Arizona Water Conservation District (CAWCD) Board President Lisa Atkins moderated the Augmentation Colloquium, which featured a panel including CAP Colorado Programs Manager Chuck Cullom. Central Arizona Project General Manager Ted Cooke also served on a panel regarding the Interim Guidelines.
To learn more about CRWUA, visit its website, which was newly designed by CAP.
The annual Colorado River Water Users Association conference started up Thursday at Bally’s Hotel and Casino…
When it comes to the fight to conserve water, officials at this year’s conference say Nevadans have a lot to be proud of.
“Southern Nevada is on the cutting edge, you are at the forefront of conservation. What this town, what the water users of this town, have been able to do in the last ten years is really remarkable,” said Bureau of Reclamation Commissioner Brenda Burman.
The Silver State is regarded as a national leader in the fight to save the resource, citing investments in conservation infrastructure over the last two decades.
Drought markers along the Colorado River remain; dating back nearly twenty years.
Officials in Nevada are pushing back though. Working alongside reps from other states, water usage on the Colorado River has declined. Emergency drought plans have also been drawn and agreed on.
Water wonks, state and tribal officials, attorneys and irrigation district representatives hit the floor at Bally’s Las Vegas Hotel last week. Not to shake loose the slots. But to gamble on the future of the Colorado River.
During the annual meeting of the Colorado River Water Users Association (CRWUA), stakeholders from the seven US states that share the river’s water met to talk about everything from interagency cooperation to cloud seeding, forecasting to tribal water rights.
But even as the impacts of the Earth’s warming are increasingly clear, there’s still a political and practical disconnect between the cause of climate change—the burning of fossil fuels—and the challenges warming poses to water supplies in the western United States.
That decoupling was hammered home by US Department of the Interior Secretary David Bernhardt, who spoke at the CRWUA meeting. During his keynote speech, Bernhardt avoided mentioning climate change.
When pressed by reporters afterwards, he said he “certainly believe[s] the climate is changing.” But he cautioned that forecasting is speculative.
And he praised the role energy development plays in states like New Mexico.
“The president was very clear when he ran for office on his position on energy; he’s for an all-of-the-above approach,” Bernhardt said. “In New Mexico last year, we sent $1.7 billion from federal lands to the state of New Mexico that went to schools and other things. So, when people tell me they want to stop oil and gas development on federal lands, I say ‘Call the governor of New Mexico.'”
Gov Michelle Lujan Grisham’s office could not answer SFR’s questions by deadline about Bernhardt’s claims related to revenues from drilling on federal land in New Mexico and balancing the disconnect between the state’s energy policies—which have spiked revenues—and emissions from that industry, which exacerbate the state’s water challenges.
The governor’s spokeswoman also could not provide a response to Bernhardt’s statements before deadline…
In 2017, a peer-reviewed study showed that warming was already causing flows on the Colorado River to decline. Between 2000 and 2014, flows averaged 19% below the 1906-1999 average, and scientists found that one-third of those losses were due to higher temperatures, rather than changes in precipitation. They also wrote that if warming continues, the Colorado River’s flows will drop even more—20 to 35% by 2050, and 30 to 55% by 2100.
A follow-up study in 2018 showed that even though annual precipitation in the Colorado River Basin increased slightly between 1916 and 2014, flows declined by 16.5 % during that same time period—due in large part to “unprecedented basin-wide warming.”
“Climate change is water change,” says Bradley Udall, one of the co-authors of both those studies. Udall is a senior water and climate research scientist at the Colorado Water Institute at Colorado State University.
In arid landscapes like the US Southwest, warming affects river flows, snowpack, soil moisture and even the amount of water crops and forests need to survive.
“In our case, [climate change] means these longer, hotter droughts that threaten the Rio Grande and the Colorado River system in ways that are unprecedented,” Udall tells SFR.
“If you’re going to reduce the risk of water shortages for humans and nature, you’ve got to solve the climate change problem.”
And, he says, solving the climate change problem means stopping fossil fuel production: “You can’t solve climate change if you’re going to continue to pursue fossil fuel production willy-nilly.”
And yet, drilling is booming across the world, including in New Mexico. And that development has consequences.
Earlier this year, the World Meteorological Organization showed that carbon emissions have continued to increase. According to a story in the BBC, “Using data from monitoring stations in the Arctic and all over the world, researchers say that in 2018 concentrations of CO2 reached 407.8 parts per million (ppm), up from 405.5ppm a year previously. This increase was above the average for the last 10 years and is 147% of the “pre-industrial” level in 1750.” Not only that, but methane emissions continue to rise, as well—and is now at 259 % what it was before the Industrial Revolution.
Meanwhile, global temperatures continue to ruse. The latest numbers from the National Oceanic and Atmospheric Administration show that the three-month season of September through November 2019 ranked second-warmest on record for the globe—with a global temperature of 1.69°F above average. Already, New Mexico’s average annual temperature has increased by 2°F—just since the 1970s.
Continued warming will have continued impacts across the US Southwest. And even after last winter’s robust snowpack, the basin’s reservoirs, system-wide, sit at just over half-full. The two largest reservoirs, Lake Powell and Lake Mead, are 52 % and 40 % full, respectively. A second year of good snowpack, Udall estimates, would put the system at perhaps 60 % full…
Asked to rectify that with the president’s statements about climate change as a “hoax” and his attacks on climate science, Bernhardt reiterated that Trump has been an “exceptional leader on western water issues.”
“I think it’s very hard to go back and find presidents who have given clear direction in memos to the secretaries, [that] say ‘Get on with it. Solve these situations,'” he said, referring to Trump’s 2018 presidential memorandum on reliable water supplies in the western US. In that memo, the White House directed federal agencies, including Interior, to “work together to minimize unnecessary regulatory burdens and foster more efficient decision-making so that water projects are better able to meet the demands of their authorized purposes.”
Bernhardt also directed the US Bureau of Reclamation to launch its review of the 2007 interim guidelines at the beginning of 2020.
FromThe Las Vegas Review Journal (Shea Johnson) via The Boulder City Review:
U.S. Bureau of Reclamation Commissioner Brenda Burman said Dec. 11 that Nevada has been a national leader in water conservation by reducing demand on the Colorado River and investing in infrastructure over the past two decades.
In Las Vegas for the Colorado River Water Users Association’s annual conference, Burman declined to say, however, whether she sees Nevada’s share of the river’s water increasing, even though it draws the least amount of water than any other state.
Instead she said Mexico and seven Southwestern states served by the river were focused on working within the existing rules and regulations, known as the “Law of the River.”
In an interview with the Review-Journal, Burman said that “desalination is going to be part of the answer” to reducing draws on the river, noting that California has already made major investments on that front, and talks between Mexico and lower basin states have questioned whether desalination is possible in that country.
“We all really need to be looking at an all-of-the-above approach,” she said about viable long-term solutions to river sustainability…
The three-day annual conference culminated with a tour of Hoover Dam with federal officials. It followed a keynote speech by Secretary of the Interior David Bernhardt.
At a meeting of the Colorado River Water Users Association in Las Vegas last week, federal officials accepted a drought contingency plan crafted this summer that will jump start voluntary conservation efforts by states and Mexico in the lower Colorado River basin beginning Jan. 1.
Nevada, Arizona and Mexico, which all drain water below Lee’s Ferry, in Marble Canyon, Ariz., have agreed to pull back water use. For the first time, California, which has a prior water right by law, has agreed to curtail water use if Lake Mead’s elevation drops significantly further…
U.S. Secretary of the Interior David [Bernhardt] told state water managers that the federal water reclamation bureau will immediately begin its review of the official river water apportionment plan, instead of waiting until the end of 2020…
Water professionals in the Colorado River watershed got scared in 2002, the driest year in recorded history, when the river trickled to 25 percent of its usual flow, said John Entsminger, general manager of the Southern Nevada Water Authority.
By 2005, river water users faced a new drought reality and states squabbled and threatened to sue each other.
“That’s when [Interior Secretary] Gail Norton laid down the gauntlet,” Entsminger said. Federal regulators stepped in and offered to come up with water-shortage guidelines.
Since then, states have tried to work together.
Lower-basin cities have ramped up water conservation efforts. For example, Las Vegas pays residents $3 per square foot to replace grass lawns with water-friendly landscaping.
“Our population has increased by 46 percent — more than 700,000 people have moved here — but our water consumption has decreased by about 25 percent during the same time period,” said Bronson Mack, a Southern Nevada Water Authority spokesperson.
Southern California cities also have drastically cut water use, drawing less from Lake Mead than ever before.
But the river flow problem won’t disappear from conservation because 80 percent of Colorado River water is used in agriculture and industry, Entsminger said. Agriculture, even with water conservation practices, uses about 2.5 times as much water as the same land developed for residential use.
The Colorado River Water Users Association annual conference brings together nearly every municipal water agency, irrigation district, Native American tribe and environmental group that relies on the Colorado River.
In a room the size of an airplane hangar, U.S. Bureau of Reclamation commissioner Brenda Burman took the stage to give attendees a congratulatory pat on the back for the recent completion of Drought Contingency Plans, which dominated discussion at these meetings for five years.
“To all of you in this room, to those of you in the negotiating parties, for those of you who covered for them at home while they had disappeared for months on end, to negotiate, to work, to analyze,” Burman said. “Well done, everyone.”
At last year’s meeting Burman’s message was dire. She urged the river’s users to complete their Drought Contingency Plans, or face the federal government’s regulatory hammer.
With the deals signed earlier this spring, she acknowledged that they’re not a final solution.
“Since completion of the DCPs in May, I recognize that the hard work of implementation has begun,” Burman said.
That now includes the plans’ first true test. Lake Mead, the river’s largest reservoir just outside of Vegas, is still less than half full. Because of that, the drought plan requires users in Arizona, Nevada and Mexico take less water from it in 2020. Though, they’re all already conserving above and beyond what the plan requires.
It’s a different story in the river’s headwaters, where no restrictions were placed on users to take less from the Colorado River and its tributaries. Instead water managers in the river’s Upper Basin states — Colorado, Utah, Wyoming and New Mexicio — chose to focus on coordinating reservoir operations, and continuing to invest in weather modification .
Those states also began taking a look at a controversial program that attempts to curb water use in the midst of a crisis. Becky Mitchell, director of the Colorado Water Conservation Board, the state’s top water agency, said completion of the drought plan kicked off a statewide campaign to study the concept and gather feedback.
“That is the beginning. That is not the end,” Mitchell said of the Drought Contingency Plans. “And so that’s the process that we’re in right now, is looking at what’s best for the state of Colorado.”
In theory, a demand management program would pay users to conserve in the midst of a crisis in order to boost the river’s big reservoirs. How it would work, who would participate and how it would be funded are still unanswered questions. Another concern is how to make the program equitable — so it doesn’t burden one user over another…
But for all the hand-wringing, the Drought Contingency Plans brought across the basin, it is a temporary fix for the region’s water problems. As one water manager put it during the Vegas conference, “it simply prevents a catastrophe.”
The drought plans expire in six years. They essentially give water managers some disaster insurance while they’re hammering out details of an even tougher deal, set to take effect in 2026. They’re known as the river’s operating guidelines, and they were last signed in 2007.
The renegotiation of the guidelines is set to start by the end of 2020. There’s little agreement about whether the new guidelines should be a big, broad response to the realities of climate change or a more conservative, incremental step toward someday solving the river’s long-term imbalances.
“There are some much larger challenges that we need to face,” said Jennifer Pitt, the National Audubon Society’s Colorado River program director. “We don’t know what the weather will be like in the next couple of decades, but we do know that the warming trend is going to dry the basin out.”
The negotiation over the 2007 guidelines left out key players like Native American tribes and environmental groups, Pitt said. Heading into a new round of talks, she said it’s in the basin’s best interest to have different perspectives at the table…
A long-standing dispute over who’s responsible for delivering Mexico’s allocation of the river’s water remains unresolved. Chatter about a possible water use cap for the Upper Basin states continues to grow louder. And Upper Basin states want to see the risks of climate change more evenly spread across the basin.
In California, the state with the largest entitlement to Colorado River water, a major sticking point over the last two decades has been the future of the Salton Sea, a huge inland lake that’s shrinking, causing health problems for people and wildlife alike.
“You know what? Sometimes you gotta throw a little rock or two to get people’s attention,” said Tina Shields, water manager for the Imperial Irrigation District — the sprawling expanse of vegetable and hay fields in southern California, and the single largest user of Colorado River water. The district became the lone holdout to the Drought Contingency Plans.
Before they sign onto any future deal, Shields said they want a long-term solution for the ecological disaster playing out in their backyard…
The Las Vegas meeting was also buzzing with grand ideas on how best to fix the Colorado River’s long-standing imbalance — where more water exists on paper then in the river itself.
KUNC reporter Luke Runyon was in the midst of it all.
“The Drought Contingency Plan is sort of a temporary patch to some of the Colorado River basin’s long-term water scarcity problems,” Runyon explained.
The plan took five years to negotiate and was signed by both upper and lower basin states this year. But the plan looks different depending on which basin a state is in.
The lower basin part of the agreement is based on levels at Lake Mead.
“The plan really lays out a set of tiers of cuts for states when Lake Mead drops. States like Arizona, Nevada, even California would have to take water cut back deliveries to what they receive from the Colorado River,” he said.
For the upper basin states, it wasn’t about cutbacks but about managing use.
“There weren’t any cutbacks spelled out for those states. Instead, they’re focusing on this idea of demand management and what that is kind of code for is basically looking at how, in a crisis, can you ask or force people to reduce how much water they’re using.” Runyon said.
Runyon explained that the real focus is on farmers and how exactly to cut back on irrigation when reservoirs start dropping quickly. States in the upper basin still have to hammer out the details of that part of the plan.
Overall, Runyon said water managers along the Colorado River are pleased with the DCP because it provides an orderly cut back of water use.
“Anytime you’re talking about water cutbacks, people are not going to be happy that they’re receiving less water but when you talk to the water managers what they were really saying is, ‘We’ve created through the DCP a plan where those cutbacks are more orderly, where there’s not as steep of a cliff for water deliveries to fall over,’” he said.
Luke Runyon reports on the Colorado river for KUNC and attended the conference last week.
What are some of the solutions in this drought contingency plan?
It varies by basin. The Colorado River is split into two basins: an upper and a lower. In the lower basin [California, Arizona and Nevada], the drought contingency plan looks like a series of cutbacks to water users. As Lake Mead, which is just outside of Las Vegas, drops due to climate change or drought, those water users will be forced to take some cutbacks to how much water they’re getting.
The upper basin looks a little bit different. One of the more controversial parts of the upper basin drought contingency plan was this concept of “demand management,” where basically the states in the upper basin are trying to figure out how to limit water use on a voluntary basis. That could look like paying farmers not to irrigate for a certain amount of time in order to save some of the reservoirs and boost their levels.
What long-term approaches to water shortages were discussed at the conference?
Attention is turning to these broader guidelines that are set to be renegotiated over the next several years. The current operating guidelines for the river were put into place during 2007 and they expire in 2026, so between now and [then], these Colorado river water managers have to come up with a broader set of guidelines. Determining what is included in those guidelines, how broad or how narrow they are, how conservative they are or how they might include big ideas, that has yet to be determined.
From the Water Education Foundation (Gary Pitzer):
WESTERN WATER IN-DEPTH: WITH TALKS LOOMING ON A NEW OPERATING AGREEMENT FOR THE RIVER, A DEBATE HAS EMERGED OVER THE BEST APPROACH TO ADDRESS ITS CHALLENGES
The Colorado River is arguably one of the hardest working rivers on the planet, supplying water to 40 million people and a large agricultural economy in the West. But it’s under duress from two decades of drought and decisions made about its management will have exceptional ramifications for the future, especially as impacts from climate change are felt.
The issues facing water users are many, complex and span the entirety of the 1,450-mile river and its tributaries. The Colorado is overallocated, meaning more water is committed to water users as a whole than is available in an average year. Adding more pressure, the Upper Basin states of Colorado, Utah, Wyoming and New Mexico want to develop their full allocations. American Indian tribes, meanwhile, are asserting their rights to more of the river’s waters.
Amid these challenges, and with critical negotiations looming for an agreement that will chart how the river is operated and managed possibly for decades, a debate is emerging: Should stakeholders pursue a visionary “grand bargain” to wrap their arms around the host of challenges facing the Colorado River? Or is an incremental approach – solving the puzzle piece by piece instead of the whole puzzle at once — the best path toward getting disparate stakeholders to reach a consensus?
The stakes are high. Parties with an interest in the river will renegotiate the 2007 Interim Guidelines for shortage sharing and river operations that expire in 2026. The landmark 2007 deal spelled out Lower Basin shortage guidelines and rules to store conserved water in Lake Mead and equalize storage in both Mead and Lake Powell. Those issues have become even more critical as a two-decade drought and a structural deficit continue to drop the level in Lake Mead.
The debate surfaced anew in September at the Water Education Foundation’s Colorado River Symposium in Santa Fe, N.M. Panelists representing major stakeholders across the basin repeatedly invoked the idea of an incremental vs. a visionary approach as key interests prepare for those guideline negotiations, expected to begin in late 2020.
David Palumbo, the Bureau of Reclamation’s deputy commissioner, challenged the notion of a dividing line between incrementalism and grand visionary, suggesting to symposium participants that the two can coexist and are not mutually exclusive.
“Incrementalism is not small,” he said. “It is visionary and … maybe … we can purge our vernacular from this idea of incrementalism, at least the connotation that it’s small, that it’s not visionary.”
In a region that has seen its share of big projects and prolonged drought, some have said the time is right to take unprecedented problem-solving steps such as reopening the terms of the Colorado River Compact, the landmark 1922 document that divided the river into two basins and apportioned its waters.
Obstacles and Challenges
Since the Compact was signed in 1922 and then ratified by Congress in 1928, Colorado River water users have successfully navigated obstacles by a variety of means. Those include landmark deals for shortage sharing and voluntary use reductions to help protect Lake Mead’s water level and keep it from reaching dead pool – the point at which no water could pass Hoover Dam for downstream water users. Set to expire in 2026, the current operating guidelines for water deliveries and shortage sharing are designed to prevent disputes that could provoke conflict.
There is a sense among some that a big plan is needed for 2026 and beyond.
“We need to be more creative in our work and I think incrementalism should be thrown out of the dictionary and we should all become visionary,” Ted Kowalski, senior program officer with the Walton Family Foundation, said at the symposium. He formerly served as chief of the Interstate, Federal and Water Information Section of the Colorado Water Conservation Board.
Kowalski does not advocate reopening the Compact but believes creativity is needed in all aspects of the river’s operating agreements to support a vision that reconnects it with the Sea of Cortez, such as what occurred through a U.S.-Mexico agreement in 2014.
Advocates of incrementalism say it makes sense to maintain the course of collaboration and cooperation, staying within the existing framework of the Law of the River – the all-encompassing term that describes the compacts, federal laws, court decisions and decrees, and contracts and regulatory guidelines that oversee the use and management of the river among the seven basin states and Mexico.
Bureau of Reclamation Commissioner Brenda Burman is no fan of reopening the Colorado River Compact to forge a grand bargain.
“I see all these challenges on the river, but I don’t see a clear or a better outcome for this Basin by assuming that all of these challenges could be easily addressed if we were simply to rip up our founding document, the Compact, and start over,” she said at the symposium.
Former Interior Secretary and Arizona Gov. Bruce Babbitt echoed that sentiment, saying at the symposium that it’s not the time to begin a big negotiation about the Compact prior to 2026.
“I’m not a Compact modifier because every time I read that I say, ‘Man, if you can’t find your way to a consensus past that document, you better go back to school, because there’s all kinds of possibilities out there of reconciling these differences rather than stacking them up and sending out our respective advocates to build anticipatory cases,” he said.
Big River, Big Vision
Much of the discussion about Colorado River water use involves semantics. Can the many agreements enacted through years be categorized as incremental progress or evidence of a grander vision? Or is that characterization even the right way to view all the actions that have built dams and aqueducts, solidified water sharing agreements and provided for environmental needs.
Long-time policy participants say the scale and scope of what’s occurred in the past century has not been done piecemeal.
“The Colorado River Compact was not incremental,” Jim Lochhead, chief executive officer and manager of Denver Water, said at the symposium. “It was based on a huge idea of a major dam on the river and the All-American Canal. And it was premised on a lot of structural development in the Upper Basin.”
On the flip side, he said, there have been environmental actions — the Endangered Species Act, Clean Water Act, Wilderness Act and the National Environmental Policy Act — that created a legacy of stewardship and balance on the river.
Babbitt said stakeholders can be locked into a narrow focus on the river and their relationship with it.
“All of us have tended for these vision discussions to be compartmentalized into sort of Lower Basin/Upper Basin, as if there’s kind of a virtual curtain across the basin line in which our best efforts at vision tend to look into our basin,” he said.
Major players “need to be out there in this basin, working the vision not via a negotiation, but by some real outreach to talk about the future,” Babbitt said.
One possible element of a bold, visionary approach that has been talked about would remove the Lower Basin’s legal right to “call” for water during dry times that was established by the Compact. Under the Compact, the Upper Basin cannot cause flow of the river at Lee Ferry to be depleted below an aggregate of 75 million acre-feet for any period of 10 consecutive years.
According to a November white paper called “The Risk of Curtailment Under the Colorado River Compact,” a debate has swirled since the drafting of the Compact as to whether this imposes a delivery obligation on the Upper Basin states, or merely a requirement that those states not deplete the flows of the river beyond that amount. That debate has intensified as projections of a drying basin have raised concerns that the water won’t be there to meet the obligation to the Lower Basin.
“A delivery obligation (as opposed to a non-depletion obligation) would mean the Upper Basin must absorb any climate change reductions to the flows in the Colorado River … even if that requires curtailing existing uses,” says the paper, written by Anne Castle, senior fellow with the Getches-Wilkinson Center at the University of Colorado Law School, and John Fleck, director of the University of New Mexico’s Water Resources Program.
Meanwhile, American Indian tribes in the Colorado River Basin want access to water allocations that are rightfully theirs, but which have not been developed. Combined, tribes have rights to more water than some states in the Basin. That means inclusion, collaboration and cooperation are crucial.
“What I’m advocating for is that the Basin states engage with tribes early on and incorporate them into the decision-making process,” Gov. Stephen Roe Lewis of the Gila River Indian Community said at the symposium. “Especially if tribes can bring something meaningful and innovative to the table to help address the difficult challenges we all face in managing our water resources.”
Looking Ahead to 2026
Because the task of creating a revised framework for the operation of the Colorado River in 2026 is so monumental, leadership from key players is critical, said Michael Cohen, senior researcher with the Pacific Institute, a water think tank that promotes sustainable water policy.
Through the years, Colorado River water users have deployed several tools to hone water use accounting and conducted mutually beneficial interstate sharing agreements, actions that were previously unheard of and far from incremental in nature, he said.
“There’s been significant changes in the river to date, and we like to call them incremental, and that’s how they’re framed,” Cohen said. “But what we’ve seen is dramatic change.”
The 2007 Interim Guidelines to better coordinate the operations of Lake Powell and Lake Mead are an example of the dramatic change that’s enabled users to prevent Lake Mead dropping to levels that crash the system. Forged from long-standing water accounting issues between the Upper and the Lower Basins, including the obligation to meet water deliveries to Mexico, the imbroglio resulted in then-Interior Secretary Gale Norton essentially strong-arming the Basin states to get together and resolve their disputes.
Former Reclamation Commissioner Robert Johnson said at the symposium that Norton warned stakeholders that if they didn’t solve the problem, she would.
“She was basically throwing down the gauntlet, an approach that Bruce Babbitt took frequently when he was secretary,” Johnson said. “That was the start of the 2007 guidelines, and true to form, the Basin states came through. They went far beyond just defining on an interim period. I’m sure that the disagreement over the legal aspects of the delivery to Mexico is still there, but the interim guidelines solved that problem for 20 years by putting operational procedures in place.”
Chuck Cullom, manager of Colorado River programs with the Central Arizona Project, said programs such as the 2007 guidelines, compensated conservation programs and voluntary use reductions demonstrate what can happen within the existing framework of laws and regulations to achieve resiliency.
There is a “false choice” between visionary focus and incrementalism, he said, adding that he describes it as incremental transformation. That transformation is evident in interstate and intrastate agreements in which people invested their time and resources to take concepts from development to implementation.
“It is not possible to understand all of the intended and unintended costs of an incremental transformation without testing it first,” Cullom said. “Metropolitan Water District took that concept in the early 90s to demonstrate that water could be saved in Lake Mead by investing with Palo Verde Irrigation District. There was no clear accounting framework to make all that happen, but they created a pathway for intentionally created surplus to be something that we’re all using on the river today.”
The challenges facing Colorado River water users are varied and complicated. The decline of water levels in Lake Mead spurred Basin states to sign on to a Drought Contingency Plan in May after more than five years of discussion. Yet Imperial Irrigation District, the river’s largest water rights holder, walked away from the agreement because it failed to address air and water quality issues of a shrinking Salton Sea.
If the past is a reliable indicator, the answers going forward will build on the legacy of cooperation and innovation while steering away from precedent-setting action.
“There’s lots of increments that have gotten us to where we are today,” Palumbo with Reclamation said. “And those are visionary actions that were taken. They were visionary at the time and as we reflect on them, they’re visionary today.”
Water providers are “too humble” in describing the collective efforts taken to brace against the conditions caused by drought and an overallocated system, Cullom said. “We talk about increments,” he said. “We need to say these are visionary. The system conservation project (in which agricultural users were compensated for conserving water) is a visionary thing instead of an incremental approach to protecting Lake Mead.”
Reclamation Commissioner Burman said she believes there is much left to be done to solidify river management between the Upper and Lower basins.
“I don’t think we’re even close to being done with innovation and flexibility,” she said. “We have tools we haven’t invented yet and we have so much still to learn and do and cooperate and collaborate on this river.”
Does that mean renegotiating the Colorado River Compact is off the table?
“If you merely asked should we reopen the Compact, perhaps everyone can imagine that outcome would be better for their interest group, but I really question how could it be simultaneously better for all of our interest groups?” Burman said. “Looking for a panacea in that Compact renegotiation is just the wrong investment of time and talent.”
Castle with the University of Colorado Law School said the time is now for communities to bolster themselves against a future supply shock through varying responses, including clarifying shortage sharing rules and setting up voluntary, compensated water conservation programs.
“We think that any of those discussions need to be based on an objective risk assessment that could lead to either incremental or more radical approaches to Colorado River management,” she said in an email, referring to herself and Fleck, her research paper coauthor.
Castle, who served as assistant secretary for water and science at the Department of the Interior in the Obama administration, believes there is a false dichotomy between the incremental and visionary characterization of river management.
“I suggest that the best way to proceed is to have an articulated visionary goal with specific incremental steps to get there,” she wrote. “The vision is needed to guide choices along the way, but it’s not either desirable or realistic to suddenly make big changes in operations on the river, precipitously undermining investments and reliance on the previous status quo.”
Scientists warn that a drying climate means Colorado River flows could diminish substantially in the next 50 years. The prospect of steep declines in flows adds a sense of urgency because of the potential impacts to the environment, cities and agriculture.
“This river can turn on a dime, and we need to be prepared for it as a Basin,” said Lochhead, with Denver Water. “If we take too incremental of an approach, we could be caught short. We need to be aspirational in terms of what we think we can achieve and reach for that and get as far as we can in this next set of negotiations.”
Kowalski, with the Walton Family Foundation, urged stakeholders to be innovative and not be afraid to act.
“We need to remember the river in all of this,” he said. “It’s critically important to take care of the river as well as your service requirements. I want to challenge you … as we’re looking at the renegotiations, how do we do that and not just have it be for the benefit of the system but for the benefit of the river that sustains us all?”
Reach Gary Pitzer: email@example.com, Twitter: @gary_wef
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The country’s top federal water manager said it was not time to renegotiate rules for managing water among the seven states and two countries that share the river. The current guidelines for the Colorado River are governed by a 2007 agreement that expires in 2026.
First, the U.S. Bureau of Reclamation, which operates a series of dams and reservoirs in the watershed, will conduct a review of how the current rules have worked and report back by the end of next year. That review will encompass input from the states, tribes and other water users. After the review is complete, negotiations for a new set of guidelines are set to begin in 2021.
“This is an important, foundational task,” said Brenda Burman, who leads the agency.
But the history of the Colorado River is a history of ongoing deliberation within a legal framework that has traditionally overestimated how much water the river could deliver to farms, cities and businesses from Wyoming to Mexico. Agreements tend to be complex. Although five years might seem like enough time to hammer out a deal, water users expect reaching a deal to be a difficult task.
“It’s going to be a much more complex set of agreements that we’ve done on the river,” said Bill Hasencamp, who oversees Colorado River resources for the Metropolitan Water District of Southern California.
Even though the negotiations won’t start for at least another year, top water managers were already laying the foundations for future talks last week, or at least identifying the questions that are likely to come into play. How do you prepare for the uncertainty of climate change on a river that is already strained? How do you share risk in a fair way? Who gets to be at the table?
‘Most water secure area’
Of the seven states that share the Colorado River, Nevada has the smallest share. At the same time, Las Vegas gets 90 percent of its drinking water from the river.
In recent years, the Southern Nevada Water Authority has spent hundreds of millions of dollars on new infrastructure to ensure that it can access water from Lake Mead, even if the man-made reservoir behind Hoover Dam ever fell so low that other states couldn’t access their supplies. With increased conservation and turf removal, the water authority has also decreased how much total water it removes from the reservoir each year. It consumes less than 80 percent of its total share.
“Between our physical security and our [conservation efforts], I really do feel that we’re the most water secure area in the Colorado River Basin,” water authority General Manager John Entsminger said during an interview at the conference…
Who’s at the table?
In 2007, the 29 federally recognized tribes in the Colorado River Basin were largely left out of the negotiations of the guidelines. But several speakers, including Burman, stressed the importance of tribal participation moving ahead.
Together, tribes are entitled to a share of water equal to about one fifth of the Colorado River, with many of their claims unresolved. Their water rights tend to be the most senior and protected from shortages. Tribal leaders say that it is all the more reason that they should be part of long-term river planning negotiations.
“Somebody used the word certainty,” Daryl Vigil, a member of the Jicarilla Apache Nation in New Mexico, said during a panel discussion on Thursday. “If you don’t include tribes in the conversation, given the nature of the volume of water rights that they have, how is that we start to create certainty if there is a big piece of the puzzle missing in terms of water rights in the basin?”
He said the track record is that states have not protected tribal rights in negotiations. Not including tribes now, he said, would be “irresponsible.”
“We have a long way to go,” he said…
Climate rhetoric and reality
In addition addressing equity issues in the upcoming negotiations, water managers will be tasked with a new challenge looming over the river: how to prepare for climate change. Warming temperatures and more evaporative demand are expected to decrease river streamflow. River flows could decline by about 20 percent in the middle of the century, according to climate scientists.
During a panel, Entsminger stressed the importance of being prepared for that.
“Success is knowing in advance objectively what everyone’s pain is going to be,” he said, when asked how to prepare for a climate change scenario of low river flows…
Other water managers who were representing Arizona, California and Colorado stressed the importance of addressing climate change, acknowledging a need to use less water. But their direct rhetoric contrasted with the rhetoric from federal officials who spoke at the conference. When one reporter asked about human-caused climate change, federal officials gave non-answers.
Despite that, Fleck said “Reclamation is taking climate change seriously.”
Given the administration’s position (President Trump is withdrawing the U.S. from the Paris Accords), he said that “they use their language with care.”
In an interview with reporters, Interior Secretary David Bernhardt said the climate was changing, but his rhetoric about how it fit into the calculus was restrained.
“I certainly believe the climate is changing,” he said. “I spend a lot of time with our scientists and I spend a lot of time with our models. Scientists tell me the best thing we can do is make sure we use multiple models and multiple ranges within each model.”
He added that scientists say it is the most “speculative” part of forecasting.
Although the negotiations heading into 2026 will encompass more issues, some water managers cautioned against biting off too much at once.
Ted Cooke, who manages the Central Arizona Project, a canal that runs that delivers water to Tucson and Phoenix, said that the guidelines should not be viewed as the only opportunity to revisit how the Colorado River is managed.
Here’s a report from Andrew Davey writing for Nevada Today. Click through and read the whole article, here’s an excerpt:
Around this time last year, Commissioner Brenda Burman delivered this ultimatum to CRWUA attendees: “Close isn’t done, and we are not done. Only done will protect this basin.” This year, as in just yesterday, Burman said, “It was truly remarkable to have the divergent interests of the basin forge a compromise and make the difficult agreements to complete the DCP.”
And unlike last year, when Burman urged officials from across the Colorado River Basin to finish the DCP already, this year she urged patience on matters like renegotiating the 2007 agreement that turned Lake Mead into a sort of regional water bank. On that, Burman declared, “It’s not yet time to take up that task.”
Yet despite Burman’s more relaxed approach, some at CRWUA want to see more “fierce urgency of now”. While the DCP successfully fended off the threat of federal water rations, and while Upper Colorado River Basin snowpack is currently running 15% above average, ongoing legal concerns and the ever escalating threat of climate change may yet upend the delicate peace that the DCP has ushered in for now…
While Burman voiced confidence in the states’, municipal water agencies’, and Native American tribal authorities’ ability to cooperate, some of these very local officials were voicing notes of warning and caution. Shortly after Burman’s presentation on the main stage, Southern Nevada Water Authority (SNWA) Director of Water Resources Colby Pellegrino noted their use of data from the U.S. Geological Survey and UNLV’s Center for Business and Economic Research (CBER) showing less Colorado River water for everyone to work with in the next 50 years.
As Pellegrino described this challenge, “It’s a pretty severe stress test for our water resource portfolio.” Pellegrino then noted how SNWA and the larger community have already been rising to this challenge with conservation programs like outdoor watering schedules and turf removal. As Pellegrino put it, “There’s significant water savings to be achieved by changing the mindset of how we use it.”
Later in the day, I caught up with Pellegrino to talk some more about her presentation and the challenges that lie ahead for her agency and the entire region. When asked how SNWA plans to handle those future challenges, she replied, “Conservation is still right here, under our noses, the quickest and most cost effective way.”
[Friday], it was Interior Secretary David Bernhardt’s turn to make news here in Nevada. And make news he did, as Bernhardt announced the federal government will launch an early start of its review of the 2007 Interim Guidelines (as in, the 2007 agreement that launched the ICS program to manage the Lower Basin’s water supply).
Soon after his main floor presentation, Bernhardt spoke with reporters about this and other pressing water issues. On his announcement to jump-start review of the Interim Guidelines, Bernhardt said, “We have an opportunity right now. We have the people in place. We might as well build on the success we have here.”
So what can we expect in this review? And for that matter, what kinds of future changes might we expect in federal oversight of the Colorado River? When I asked Bernhardt whether he’d take into account climate science and the changing needs and consumption patterns of the increasingly urban American Southwest, he replied, “I’ve never taken a position of what we need to tell a city or county what they need to do.”
Yet as Bernhardt’s discussion with reporters continued, the conversation occasionally veered into other environmental matters. And when a couple reporters asked about the proposed oil and gas leases on public lands that have run into local opposition, including right here in Nevada, in the Ruby Mountains outside Elko and in parts of Lincoln County that supply drinking water for Mesquite, Bernhardt declared, “The president was clear when he ran for office what his policy is on energy. He supports an ‘all of the above’ approach.” Bernhardt also suggested these leases are required by federal statute, even though the Obama administration took a more cautious and targeted approach toward such fossil fuel extraction on public lands…
Funny enough, one of my takeaways from my conversation with SNWA’s Colby Pellegrino on Thursday was that regardless of what becomes of the long-fought pipeline plan, SNWA has enough water available to keep the Las Vegas region going for the next 50 years. Also, I noticed that regardless of the Trump administration’s curious comments on climate change and “all of the above” approaches to water infrastructure and fossil fuels, SNWA officials recognize the clear and present danger of climate change, and they’re already acting on it.
And it may not just be SNWA doing this. Even as Trump appointees are skirting around acknowledgement of climate science, fossil fuel pollution, ongoing regional tensions, or the reality of urban and suburban growth in the Colorado River Basin, federal civil servants continue to collect data, analyze trends, and manage the water we all share. We’ll talk more about that next week.
Still, there’s a rather large gap between the rhetoric and overarching policies of the Trump administration and the promises of strong climate action that U.S. Senators Elizabeth Warren (D-Massachusetts) and Bernie Sanders (I-Vermont), former Vice President Joe Biden, and the other 2020 Democratic presidential candidates are providing. And yet, we don’t hear as much about the Colorado River and our fragile water supply as you’d expect considering their environmental and geopolitical importance. Yet no matter how much we ignore it, all we have to do is glimpse at Lake Mead to remember how important it truly is to our very livelihood.
U.S. Bureau of Reclamation Commissioner Brenda Burman told federal, state and local water managers that abiding by the promises they made will be crucial to ensuring that more painful cuts aren’t required…
“We need to be proud of what we’ve done,” Burman told hundreds at the annual Colorado River Water Users Association conference at a Las Vegas Strip resort, while also warning of “tougher challenges in the future.”
Arizona, Nevada and Mexico will start taking less water from the river Jan. 1 under a drought contingency agreement signed in May. It followed lengthy negotiations and multiple warnings from Burman that if the seven states didn’t reach a deal, the federal government, which controls the levers on the river, could impose severe water restrictions.
California would voluntarily cut water deliveries if reservoir levels keep falling at the river’s largest reservoir, Lake Mead…
Cuts will most affect farmers in Arizona. The Central Arizona Project will stop storage and replenishment operations and cut water for agricultural use by about 15%. The agency gets more than half of Arizona’s entitlement of water from the Colorado River…
The drought contingency plan is a voluntary agreement to use less water than users are allowed, and its success is measured at the surface level of Lake Mead, behind Hoover Dam east of Las Vegas.
The agreements are designed to prevent a more drastic drought-shortage declaration under a 2007 pact that would cut 11.4 percent of Arizona’s usual river water allocation and reduce Nevada’s share by 4.3 percent. That amount of water, combined, would serve more than 625,000 homes.
California would reduce its Colorado River use by about 6 percent.
Due to a relatively wet winter, Lake Mead is now 40% full and Lake Powell, an upstream reservoir, is at 53% capacity, Bureau of Reclamation spokeswoman Patricia Aaron said. A year ago, Lake Powell was 43% full, and Lake Mead was at 38%…
Water managers have called the last 20 dry years a drought, but climate researchers warn the river will continue to carry less water in coming years.
“Respected climate scientists have conservatively estimated declines in river flows of 20% by the middle of the 21st century and 35% by the end of the century,” researchers Anne Castle of the University of Colorado Law School and John Fleck of the University of New Mexico wrote in a study released in November.
The report refers to a “structural deficit” under which states and Mexico are promised more water than the river usually carries and encourages the seven states to clarify rules for handling future shortages.
Arizona, Nevada and Mexico will start taking less water from the Colorado River in January as a hard-fought set of agreements kicks in to reduce the risk of reservoirs falling to critically low levels.
The two U.S. states agreed to leave a portion of their water allotments in Lake Mead under a deal with California called the Lower Basin Drought Contingency Plan, or DCP, which the states’ representatives signed at Hoover Dam in May.
California agreed to contribute water at a lower trigger point if reservoir levels continue to fall. And Mexico agreed under a separate accord to take steps to help prop up Lake Mead, the nation’s largest reservoir near Las Vegas, which now sits 40% full after a nearly 20-year run of mostly dry years.
The agreements, including another deal in the river’s Upper Basin, increase the odds of Western states making it through the next seven years without reservoir levels crashing. But researchers examining the latest climate projections have also warned of the possibility that declines in the river’s flow could force water curtailments in the coming years, and they’ve suggested looking at options to reduce risks.
For the first time since signing the drought contingency deals, representatives of seven states will meet this week at a conference in Las Vegas to talk over their next steps in managing the Colorado River…
Arizona will see a cut of 192,000 acre-feet in water deliveries next year, or 6.9% of its total allotment of 2.8 million acre-feet. Nevada’s share will be reduced by 8,000 acre-feet, while Mexico’s will take 41,000 acre-feet less.
That water will remain in Lake Mead, and will only be recovered in future years once the reservoir rises above an elevation of 1,100 feet. Its level now stands about 15 feet below that threshold.
The cuts under the deal represent 12% of the total water supply for the Central Arizona Project, which delivers water by canal to Phoenix, Tucson and other areas. The agency that manages the canal has said the cuts will reduce deliveries for agriculture by about 15% and eliminate water that would have been available for storing underground and replenishing groundwater at facilities along the CAP Canal…
According to Bureau of Reclamation figures, Arizona and California together conserved 316,000 acre-feet in 2018, and are on track to conserve an estimated 685,800 acre-feet in 2019. Burman said voluntary conservation efforts by the states have helped, and the drought contingency plan has incentivized more conservation…
Arizona’s plan for managing the water cutbacks involves deliveries of “mitigation” water to help lessen the blow for some farmers and other entities, as well as compensation payments for those that contribute water. The payments will be covered with more than $100 million from the state and the Central Arizona Water Conservation District.
Much of the money will go toward paying for water from the Colorado River Indian Tribes and the Gila River Indian Community…
In one study, climate scientists Brad Udall and Jonathan Overpeck used climate models to estimate a business-as-usual scenario of greenhouse gas emissions. They projected that without changes in precipitation, warming will likely cause the Colorado River’s flow to decrease by 35% or more by the end of the century…
In a new report, water researchers Anne Castle and John Fleck warn that the Colorado River’s water supply could decline so much in the next decade that the ability of the four Upper Basin states “to meet their legal obligations to downstream users in Nevada, Arizona, California, and Mexico would be in grave jeopardy.”
Castle and Fleck examined the latest science on projected flows and analyzed the legal framework governing the Colorado River…
Patti Aaron, a spokesperson for the Bureau of Reclamation, responded to the researchers’ findings.
“We applaud a continued focus on the Colorado River, particularly regarding the risks we all are facing going forward,” Aaron said in an email. “We have a solid history in this Basin of finding solutions to complex problems by working together in an open and collaborative way. Reports of this nature help us stay on that path.”
California signed on to the deal, but the state’s Imperial Irrigation District balked at participating.
Imperial holds the single largest share of Colorado River water, which flows to farms producing crops such as alfalfa, broccoli and Brussels sprouts. Imperial’s officials have called for the state and federal governments to urgently address a worsening environmental crisis at the Salton Sea, which is shrinking and exposing dry lake bed that sends dust blowing into surrounding communities.
The sea has been shrinking more rapidly under a 2003 deal that is transferring water from the Imperial Valley to growing urban areas in San Diego County and the Coachella Valley.
In October, the Imperial Irrigation District’s board members voted unanimously to declare an emergency at the Salton Sea, pressing for California officials to break through years of wrangling and red tape to get working on dust-control and habitat projects along the retreating shores.
Last month, the IID board adopted a resolution laying out parameters for IID’s involvement in future Colorado River negotiations. They said in the resolution that “the linkage between the Colorado River and the Salton Sea is inextricable.”
Burman, who is scheduled to speak, said the drought contingency plan has laid a foundation that will help the states and other parties work through their next steps.
“Our history on the Colorado River is making improvements and incremental progress as we go,” Burman said. “It’s important that we’re out there talking about the challenges. It’s important that we’re out there talking about possible solutions.”
I finished Eric Kuhn and John Fleck’s new book in the hotel last night on my way to Las Vegas for the Colorado River Water Users Association Annual Conference.
It’s a page-turner that charts the history of the “Law of the River” and how politics and enthusiastic engineers that loved the big projects mostly trumped science in the debate and decisions since the Colorado River Compact negotiations. That trumping set the stage for we users of the Colorado River going forward. The book has praise for current decision makers and the deliberate effort to listen to the scientists regarding the hydrology of the river and the acidification in the basin due to the climate crisis.
Click here to order your copy of “Science be Dammed”.
There was more buzz this week at two big Colorado River Basin events about the idea of a “grand bargain” to deal with coming collisions between water overallocation and the Law of the River.
The idea crept into the title of the Water Education Foundation’s 2019 Santa Fe Symposium – “Can We Build a Bridge to a Grand Bargain in the Basin?”. It also came up repeatedly at the Colorado River Water Conservation District’s fall water seminar, including in a luncheon keynote by the University of Colorado’s Doug Kenney, who has done a lot of the analytical heavy lifting on the idea.
While most of the people yakking about it in public right now are folks unaffiliated with organized water interests (folks like, well, me), the interesting thing right now is the behind-the-scenes conversations among decision makers within the system. There’s been positive interest across geographic and water-using communities, including both Upper and Lower Basin folks, and both ag and municipal water users.
My collaborator Eric Kuhn, the former general manager of of the Colorado River Water Conservation District well known as a staunch defender of rural Colorado West Slope water interests, is in the middle of all this, speaking at both events. While the ideas has many parents, Eric has come to be identified with it in part because, now that he’s retired, he can thrown down a bit more than when he had the portfolio of obligations that comes with running an agency.
The idea’s been kicking around for more than a decade, but it was in fact Eric who first publicly documented what to that point had been private discussions. In a widely read 2012 white paper (p. 41, pdf here), Eric detailed a conversation at a 2005 meeting of the basin states principles at a hotel here in Albuquerque. The details are arcane (click through for Eric’s explanation) but the idea is that each basin gives up politically treasured but practically unrealistic interpretations of the Law of the River in a compromise that avoids litigation and provides more certainty for the water management communities in both basins.
Click here to read the newsletter. Here’s an excerpt:
RISK STUDY RESULTS
Phase III of the Colorado River Risk Study spearheaded by Colorado’s Colorado River District and Southwestern Water Conservation District has yielded some modeling results on the risks of Lake Powell dropping to critical levels, as well as how various curtailment scenarios could impact Colorado River uses from different sub-basins in Colorado. The final report won’t be out until the end of the summer, but a slide show was presented at the Four West Slope Basin Roundtable meeting on June 20 in Grand Junction, and it is posted here.
FromThe Conversation (Brad Udall, Douglas Kenney, John Fleck):
As Midwest states struggled with record spring flooding this year, the Southwest was wrestling with the opposite problem: not enough water. On May 20, 2019, federal officials and leaders from seven states signed the Colorado River Drought Contingency Plan, a sweeping new water management agreement for this arid region.
The plan is historic: It acknowledges that southwestern states need to make deep water use reductions – including a large share from agriculture, which uses over 70% of the supply – to prevent Colorado River reservoirs from declining to critically low levels.
But it also has serious shortcomings. It runs for less than a decade, through 2026. And its name – “Drought Contingency Plan” – suggests a response to a temporary problem.
As scholars who have spent years researching water issues in the West, we know the Colorado River’s problems are anything but temporary. Its waters have already been over-allocated, based on a century of false optimism about available supply. In other words, states have been allowed to take out more than nature puts back in.
Now the river is being further depleted by climate change-driven aridification. The next steps, post-2026, require a recognition that Arizona, Nevada and California will likely have to come to terms with permanent reductions in their Colorado River supply. For their part, Wyoming, Utah, Colorado and New Mexico must abandon dreams of taking ever-larger gulps from the Colorado River to support future growth.
Draining western reservoirs
The Drought Contingency Plan is an important step in that direction. By creating a new layer of rules that temporarily reduces water allocations, it significantly reduces the chance of emptying Lake Mead, the massive reservoir on the Arizona-Nevada border that supports residents of Arizona, Nevada, California and Mexico. Without the plan, the lake conceivably could have been sucked dry – a devastating prospect for 40 million people who live in the Colorado River Basin.
As a seven-year stopgap, the plan comes just in time. After 19 years of unprecedented low flows, the nation’s two largest reservoirs – Lakes Mead and Powell – collectively contain only 40% as much water as they held in 2000. And while the winter of 2018-2019 was a big snow year, it merely balances the previous year, when record-setting warm and dry weather in large parts of the basin lowered water levels in Lake Powell by over 40 feet.
Dry years like 2018 are the far more likely future. From 2000 through 2004, annual runoff totaled only 65% of the 20th-century average. And in 2012-2013, it was just 60% of the 20th century average. More episodes like these would seriously compromise the system’s ability to provide water to the seven Colorado River Basin states and Mexico.
A hotter, drier future
Climate change is and will remain a significant issue. Since 2000, Colorado river flows have been 16% below the 20th-century average. Temperatures across the Colorado River Basin are now over 2 degrees Fahrenheit warmer than the 20th-century average, and are certain to continue rising.
Studies show that higher 21st-century temperatures have been reducing runoff. Warmer temperatures increase evaporation from soils and water bodies, and increase sublimation from snowpacks – direct conversion of snow and ice into fog or steam, without melting first. And they increase plant water use, due to a longer growing season and more warmth on any given day.
In a 2017 study, one of us (Brad Udall) and Jonathan Overpeck found that higher temperatures due to climate change had reduced the flow of the Colorado River by approximately 6%. The study projected that additional warming could reduce flows by approximately 20% in 2050 and up to 35% by 2100 if precipitation levels did not change. A 2018 modeling study estimated the flow losses due to higher temperatures at about 10%.
Overuse in the Lower Basin states of Arizona, Nevada and California is the second major problem. This problem is officially known as the “Structural Deficit” – a 1.2 million acre-foot gap, representing 8% of the river’s flow, between allocations made in the early 20th century and the amount of water the river can provide.
Cities from Las Vegas on the north to Tucson and Phoenix on the south and west to San Diego and Los Angeles all have come to depend on that water. Meanwhile, agriculture – including important areas like Yuma and the Imperial Valley, where much of the nation’s valuable winter produce is grown – uses 70% of the river’s water.
Looking past 2026
With the contingency plan only running until 2026, Basin leaders are already discussing the framework of a new planning effort. In our view, the process should be open and inclusive, given the huge number of competing interests in the region, including municipalities, agriculture, tribes and the environment.
An effective long-term plan should solve the overuse problem in the Lower Basin, while preparing for extended and unprecedented low flows. It should revisit a number of long-standing assumptions about how the river is managed, including the Upper Basin’s so-called “delivery obligation” to the Lower Basin, which leaves the upper states – Wyoming, Utah, Colorado and New Mexico – bearing the burden of climate change, while the Lower Basin states remain free to overuse. And it will have to address the reality that there is not enough water for users in the Upper Basin to continue exporting ever more water to growing cities like St. George, Utah, and Colorado’s Front Range.
Solving the twin problems of climate change and overuse will not be easy. The good news is that water users in the basin have found ways to work together for everyone’s benefit, first in a set of water management guidelines negotiated in 2007, and then with the Drought Contingency Plan.
Now, after staving off worry that system reservoirs could drop to calamitous levels, water users and managers can focus on these pressing longer-term issues. It is time to step back, look at the big picture and design a water management system that works for all stakeholders in the basin for the next several decades.
Brad Udall, Senior Research Scientist, Colorado Water Institute, Colorado State University; Douglas Kenney, Senior Research Associate and Director, Western Water Policy Program, University of Colorado, and John Fleck, Professor of Practice in Water Policy and Governance and Director, Water Resources Program, University of New Mexico
This article is republished from The Conversation under a Creative Commons license. Read the original article.
Session One: The Pre-Amble to IG 2.0
The Interim Guidelines introduced major changes in river management, and established an operational framework and collaborative environment supporting additional reforms, including the recent DCPs (Drought Contingency Plans). How does this background inform and influence the path forward to new rules?
The Colorado River is short on water. But you wouldn’t know it by looking at a slate of proposed water projects in the river’s Upper Basin states of Colorado, Utah and Wyoming.
The river and its tributaries provide water for 40 million people in the Southwest. For about the last 20 years, demand for water has outstripped the supply, causing its largest reservoirs to decline.
In the Bureau of Reclamation’s 2012 Colorado River Basin Water Supply and Demand Study, you can pinpoint when the lines crossed somewhere around the year 2002. It’s a well-documented and widely accepted imbalance.
That harsh reality — of the river’s water promised to too many people — has prompted all sorts of activity and agreements within the seven Western states that rely on it. That activity includes controversial efforts in some states in the Colorado River’s Upper Basin to tap every available drop before things get worse.
The utility that owns [Gross Reservoir], Denver Water, wants to increase the size of the dam by 131 feet, and fill the human-made lake with more water from the headwaters of the Colorado River via a tunnel that traverses the Continental Divide.
Imagine a tractor trailer hauling dam-building materials making this turn, Long says.
“If they truck all of this material up our canyon, people in our community are gonna get killed by those trucks. Period,” Long said. “There’s a lot of other issues here but the safety thing should really be a serious priority.”
Long and his wife, April Lewandowski, live near the reservoir in a community called Coal Creek Canyon. Like many of her neighbors, Lewandowski commutes from the sparsely populated canyon to her job on the state’s dense Front Range. Her daily commute on the canyon’s two-lane highway is the same as a haul route for trucks needed to build the dam addition.
Long pulls up to a small parking area that overlooks the dam. It’s a deep wall of concrete, stretched between the tree-lined canyon walls of South Boulder Creek.
“I mean you look at how the land splays out, you can see why they want to (build it),” Long said. “It’s so much wider all the way around.”
If the expansion goes through, the place where we’re standing will be submerged in water. The addition to Gross Dam will raise it to 471 feet in height, making it the tallest dam in Colorado…
Denver Water first started taking an expansion of Gross Reservoir seriously after the dry winter of 2002. Exceptional drought conditions took hold across the Mountain West. The utility’s CEO, Jim Lochhead, said in the midst of those historic dry conditions, a portion of its service area nearly ran out of water.
“This is a project that’s needed today to deal with that imbalance and that vulnerability and to give us more drought resiliency,” Lochhead said.
Since then, Denver Water has filed federal permits to start construction, and negotiated an agreement with local governments and environmental groups on the state’s Western Slope to mitigate some effects of the additional water being taken from the headwaters.
Before leaving office, former Colorado Democratic governor and current presidential hopeful John Hickenlooper threw his weight behind the project, giving it an endorsement and suggesting other water agencies in the West take notice how Denver Water approached the process.
But despite the political heft behind the project, it faces considerable headwinds.
Environmentalists are suing, arguing the expansion will harm endangered fish. A group of local activists say the additional water will spur unsustainable population growth along the state’s Front Range. In recent months, the utility began sparring with Boulder County officials over whether they were exempt from a certain land use permit.
Building a 131-foot dam addition does come with baggage, Lochhead said. But he argued his agency has done its part to address some of the concerns, like reducing the number of daily tractor trailer trips up Coal Creek Canyon and planning upgrades to the intersection where trucks will turn onto Gross Dam Road.
“It is a major construction project. I don’t want to gloss over that. It will have impacts to the local community,” Lochhead said.
Denver Water staff are doing more outreach in the canyon as well, Lochhead said.
“We are committed to the project and seeing it through. We’re also committed despite the opposition to working with the local community in doing this the right way,” he said…
The latest scuffle with Boulder County has brought the Gross Dam expansion squarely back into public view. At a county commissioner’s meeting in March, residents criticized Denver Water on all fronts, from specific concerns about the construction itself, to broader concerns about water scarcity in the Colorado River basin…
“This project represents an effort by Denver Water … to actually grab water while they can, before federal legislation and management of the Colorado River Basin is imposed,” McDermott said.
What McDermott is referring to is a stark disconnect in the Colorado River watershed. States downstream on the river — Arizona, Nevada and California — signed a new agreement in May called the Drought Contingency Plan that keeps them from becoming more reliant on the Colorado River. It requires cutbacks to water deliveries should levels in Lake Mead, the river’s largest reservoir, continue to drop.
Meanwhile, upstream in Colorado, Wyoming, Utah and New Mexico, no such agreement was made. Those states wound up agreeing to study the feasibility of a program that would compensate farmers to stop irrigating their cropland if reservoirs dropped, with no solid way to pay for it. They agreed too to better coordinate releases from their biggest reservoirs to aid an ailing Lake Powell. While they figure out how to develop those two concepts, the Upper Basin states keep inching along on their development projects to divert more from the river.
The 1922 Colorado River Compact, the river’s foundational governing document, gives Upper Basin states the legal cover to continue developing projects like the Gross Reservoir expansion. In the compact, each basin is allocated 7.5 million acre-feet of the river’s water. Over the decades the rapidly growing and intensely farmed Lower Basin has used much more than that. The less populated Upper Basin has never reached its full allotment. Those state have been using roughly 4.5 million acre-feet for the last 13 years, with the rest flowing downstream for the Lower Basin to use as it sees fit…
Conservation programs tend to be less expensive than massive new projects, [Doug] Kenney said. But additional water supplies stored in reservoirs give more security and reliability. It’s why water leaders push for them, even when the economics don’t make sense.
FromThe Steamboat Pilot & Today (Eleanor C. Hassenbeck):
The collective group of [recently signed] agreements is called the Colorado River Drought Contingency Plan.
It aims to raise the unprecedented low water levels in the largest reservoirs on the Colorado River system, Lake Powell and Lake Mead, to enable them to continue to deliver water and produce hydropower.
In Colorado, it calls for three possible actions:
Creating a bank of stored water in federally owned reservoirs upstream of Lake Powell. This water would be released into Lake Powell in order to make sure Colorado continues to meet obligations to deliver a certain amount of water to downstream states under the Colorado River Compact.
Increasing cloud seeding and removing deep-rooted, invasive plants that take up a lot of water, such as tamarisk.
Creating a voluntary program that would temporarily pay agricultural water users to fallow their land and send water they have a right to downstream. This is called demand management.
Of the options on the table, demand management — the option that would pay farmers not to use their water — is the one most likely to impact Routt County…
Demand management is still only a hypothetical, so the Yampa River Basin could opt out of a program if it doesn’t work for the area.
The Colorado Water Conservation Board has assembled workgroups on topics related to demand management. These groups are now meeting behind closed doors to develop preliminary reports outlining how the program might work.
Brown said once these reports are completed and released to the public, there will be opportunities for community members to provide input on the idea. She said there will be the “opportunity for a real, thoughtful conversation, especially in the Yampa and White (river) basins.”
Here’s the release from the Bureau of Reclamation (Marlon Duke/Patti Aaron):
The Department of the Interior, Bureau of Reclamation and representatives from all seven Colorado River Basin states gathered today and signed completed drought contingency plans for the Upper and Lower Colorado River basins. These completed plans are designed to reduce risks from ongoing drought and protect the single most important water resource in the western United States.
“This is an historic accomplishment for the Colorado River Basin. Adopting consensus-based drought contingency plans represents the best path toward safeguarding the single most important water resource in the western United States,” said Reclamation Commissioner Brenda Burman. “These agreements represent tremendous collaboration, coordination and compromise from each basin state, American Indian tribes, and even the nation of Mexico.”
In addition to the voluntary reductions and other measures to which the basin states agreed, Mexico has also agreed to participate in additional measures to protect the Colorado River Basin. Under a 2017 agreement, Minute 323 to the 1944 U.S. – Mexico Water Treaty, Mexico agreed to implement a Binational Water Scarcity Contingency Plan but only after the United States adopted the DCP.
The Colorado River, with its system of reservoirs and water conveyance infrastructure, supplies water for more than 40 million people and nearly 5.5 million acres of farmland across the western United States and Mexico. The reservoirs along the river have performed well—ensuring reliable and consistent water deliveries through even the driest years. But, after 20 years of drought, those reservoirs are showing increasing strain; Lake Powell and Lake Mead, the two largest reservoirs on the system and in the United States, are only 39% and 41% full respectively. And, while the basin experienced above-average snowpack in 2019, the total system storage across the basin began the water year at just 47% full.
“The urgency for action in the basin is real, and I applaud all of the parties across the seven states and Mexico for coming together and reaching agreement to protect the Colorado River,” said Burman. “I’m glad to finally say that ‘done’ is done.”
The Colorado River just got a boost that’s likely to prevent its depleted reservoirs from bottoming out, at least for the next several years.
Representatives of seven Western states and the federal government signed a landmark deal on Monday laying out potential cuts in water deliveries through 2026 to reduce the risks of the river’s reservoirs hitting critically low levels.
Yet even as they celebrated the deal’s completion on a terrace overlooking Hoover Dam and drought-stricken Lake Mead, state and federal water officials acknowledged that tougher negotiations lie ahead. Their task starting next year will be to work out new rules to re-balance the chronically overused river for years to come.
Figuring out how to do that will be complicated because the Colorado River, which supplies water for vast farmlands and more than 40 million people, is managed under a nearly century-old system of allocations that draws out more than what flows in from rain and snow in an average year.
The river’s reservoirs have fallen since 2000 during one of the driest periods in centuries, and global warming is cranking up the pressures by contributing to the declines in the river’s flow.
“Look at all we have accomplished by working together,” said federal Reclamation Commissioner Brenda Burman, who signed the agreements alongside the states’ representatives. “All the states should be commended for finding a path forward.”
She called the deal historic and said it adds an important new chapter to the rules that govern the river.
“But our work is not done,” Burman said. “We know we have even greater challenges ahead.”
Federal and state officials began talking about the need for a drought deal in 2013, and the negotiations got underway in 2015.
The set of agreements includes two separate but interrelated drought contingency plans: one for states in the river’s Upper Basin — Colorado, Wyoming, Utah and New Mexico — and the other for the Lower Basin states — Arizona, Nevada and California.
The drought plans are designed to prop up the levels of Lake Mead and Lake Powell, the nation’s largest reservoirs, between 2020 and 2026. Lake Powell is now 40% full, and Lake Mead sits 41% full.
During the talks on the agreement last year, Lake Mead had appeared headed for a first-ever declaration of a shortage by the federal government. But this winter left the Rocky Mountains blanketed with heavy snow, unleashing a bounty of runoff that’s expected to avert a shortage for another year.
“One good year is helpful,” Burman said. “But it doesn’t fix a 19-year drought and it doesn’t do anything to predict for us what’s going to happen next.”
The audience of water managers and government officials broke into applause after the signing and posed for photos with the Hoover Dam, its low water levels starkly outlined, in the background.
Missing from the celebration was the largest single user of the Colorado River, California’ Imperial Irrigation District, which is suing to challenge the deal.
A new reality driven by global warming
Water managers and supporters of the deal have praised the Lower Basin’s Drought Contingency Plan, or DCP, as “bridge solution” to get the region through the next several years until 2026 while reducing the risks of a crash. But they also stress that it’s merely a stopgap measure — a temporary fix on top of the existing 2007 guidelines for managing shortages — and that it will provide a short window of time to start to plan bigger steps.
“We’re in a moment where we’re going to take a pause and recognize the progress we’ve made. But I think it needs to be a short pause so that we get working on the renegotiation of the guidelines,” said Kevin Moran, who leads the Environmental Defense Fund’s Colorado River program. “I think it’s in everyone’s interest that we move those conversations as quickly as possible forward.”
When water officials finished negotiating the last set of rules for dealing with a potential shortage in 2007, they had expected those rules to work through 2026. But only halfway through that period, they realized the measures weren’t nearly strong enough. And that forced them to negotiate the new set of drought agreements to finish off the period…
Adapting that system to a hotter planet, Moran said, will require posing tougher questions and looking at ways of boosting conservation and managing demand for water across the Colorado River Basin.
“The modeling looking forward would say we probably ought to be planning for somewhere between 15 and 35% additional reduction in flows driven by climate change,” Moran said. He said climate models present an outlook that is “very dire” and demands action…
A shortage is unlikely next year
Cynthia Campbell, a water adviser for Phoenix, said the challenges that lie ahead for negotiators are sobering.
“They know that they have a daunting task ahead of them, beginning in 2020, to try to come up with new operating rules that are going to keep us sustainable further into the 21st century,” Campbell said. “When they come back, Arizona is certainly going to be on the business end of cuts.”
There’s no way around that, she said, because the state holds the junior-most position in the water priority system. Under the framework that emerges from the next round of negotiations, she said, the state will probably face bigger reductions during a shortage than under the newly signed drought plan.
The latest projections by the U.S. Bureau of Reclamation show that in 2020 it’s unlikely a shortage will be declared at Lake Mead. The reservoir’s level now stands at 1,088 feet above sea level, about 13 feet higher than the threshold that would trigger a shortage declaration…
Critics: Arizona plan is not sustainable
Arizona water officials have called the state’s internal plan a landmark consensus agreement that effectively “shares the pain” and will address the water shortfall for the next several years.
But Arizona’s plan has also drawn criticism.
Some experts and environmentalists are concerned about the plan’s promotion of more groundwater pumping in parts of the state. They say using state money to drill more wells in Pinal County will only lead to declining aquifers. They also argue the state missed an opportunity to do more to encourage conservation.
“It is positive that the Colorado River basin states are looking at cutting back on river water use, but it is unfortunate that our state has chosen to augment the river water with more groundwater pumping,” said Sandy Bahr, director of the Sierra Club’s Grand Canyon Chapter. “Sadly, the Arizona plan is not sustainable and is designed to keep Arizona doing more of the same — unsustainable and thirsty agriculture and more and more sprawl development.”
She said looking past 2026, all the states should consider the river’s long-term water deficit, the effects of climate change, and how to do more for conservation while considering the health of the river.
“It is way past time for a Colorado River sustainability plan that centers on a healthy river that flows all the way to the sea and that provides for people, plants, and animals along the way,” Bahr said. “There is not time for patting ourselves on the back. We need to do more, now.”
In the meantime, even as the drought has eased across the West with the wet winter, concerns remain that the 19-year run of mostly dry years could continue. Earlier this month, a group of experts in a state advisory group recommended to Gov. Doug Ducey that a declaration of drought in Arizona should remain in effect.
Tom Buschatzke, director of the Arizona Department of Water Resources, called the Drought Contingency Plan “a huge incremental step forward.”
“It sets us up to have good conversations about what we need to do to deal with the projections of our drier future, climate change forcing reductions in flow, etcetera,” Buschatzke said. Discussions on the next round of plans should start soon in Arizona, he said, because “keeping the momentum going is really important.”
Now that we have a DCP, what does this mean in practice?
According to the most recent Bureau of Reclamation 24-month study, Lake Mead is projected to end 2019 at elevation ~1,085 feet above sea level. Prior to the DCP, Lower Basin water users (Mexico, Arizona, Nevada, California) got a full allocation of water as long as Lake Mead’s elevation was above 1,075. Under the DCP, a new shortage tier has been added between elevations 1,090 and 1,075. The result is that, for the first time in the history of Colorado River management, there will now be mandatory water use reductions on the Colorado River.
What does this mean in practice? I ran down a quick summary this morning of the relevant data, comparing recent use with the cuts mandated under the DCP. It shows that, at this first tier of shortage, permitted use is less than the voluntary cuts water users have been making since 2015:
In other words, all of the states are already using less water than contemplated in this first tier of DCP reductions.
From the Public Policy Institute of California (Gokce Sencan):
A much-anticipated plan to address chronic water shortages in the Colorado River Basin was recently signed into law by President Trump. This drought contingency plan (DCP) aims to slow the long-term decline in Lake Mead’s water levels caused by over-allocation of Colorado River water and 19 years of drought, as well as address future water shortages in the basin.
The DCP is the fruit of a decade of negotiations among the seven basin states to resolve the over-allocation problem through cuts and water storage. (Mexico receives water from the river but is not part of this plan.) California has the largest share of the Colorado, with senior rights to more than a quarter of the river’s average annual flow.
Lake Mead is a water source for 600,000 acres of farmland and 19 million people in Southern California. California agencies can also store up to 250,000 acre-feet of water in Lake Mead.
Without the DCP, Lake Mead’s water level could drop too low to allow releases from Hoover Dam. As the lake nears this threshold, senior water right-holders in California might be tempted to withdraw their water before it becomes inaccessible. While such a move would be permissible, it would accelerate the drop in the lake level and affect future deliveries for junior water right-holders in the other lower-basin states.
The DCP eliminates this concern and delivers an orderly and mutually agreed upon method to manage shortages until 2026. It provides assurance against curtailments for water stored behind the dam. This is especially important for the Southern California water agencies, whose ability to store water in Lake Mead is crucial for managing seasonal demands.
Some significant challenges must still be addressed, however. The Imperial Irrigation District, the largest Colorado River water user, opted out of the plan due to a dispute over funding to restore the shrinking Salton Sea. The district also filed a lawsuit that calls for the DCP to be suspended until an environmental review of the plan is completed.
The lawsuit alleges that the Metropolitan Water District (MWD), which would contribute most of the water required to fulfill California’s obligations under the DCP in times of system-wide shortage, unlawfully approved the DCP. IID claims that MWD did not consider the “sources of water that would be necessary for [it] to fulfill its commitment and the environmental effects associated with obtaining water for those sources.” The outcome of this lawsuit is uncertain.
Currently, the Colorado supplies about a third of all water used in Southern California’s urban areas. The region’s water agencies are taking steps to develop more local supplies and increase water efficiency to help them meet water demand if DCP cuts are triggered during a future water shortage.
The plan won’t cause immediate water cuts. This year’s wet winter means that Lake Mead’s elevation, currently 1,090 feet above sea level, may remain above the 1,045-foot threshold at which the mandate is triggered for California. But the basin states now have a plan in place to address the next dry spell.
Anybody who has gone camping in the desert for more than a day has asked the same questions that John Currier, the chief engineer at the Colorado River Water Conservation District, has been obsessing about the past 18 months.
How much water do we have left?
How much water have we been using?
How much water will we have if our friends join us and they don’t bring water?
And while many campers ask these questions standing over a 5-gallon plastic jug, for Currier, the water-storage vessel he’s concerned about, Lake Powell, holds 24 million acre-feet of water.
But the giant reservoir, formed by Glen Canyon Dam, was under 40 percent full the last week of April.
And a lot of water is still being released from the reservoir, more demands on the water are expected, and the water supply above the reservoir, in the sprawling Colorado River system, is expected to decrease.
So Currier, along with John Carron of Hydros Consulting in Boulder, has been asking questions familiar to all campers, but asking them on a much larger scale. And with a lot more at stake.
How much water in Western Slope rivers is currently being depleted, or consumed, mainly through irrigation and transmountain diversions?
How much more water is likely to be consumed on the Western Slope, and the upper basin states of Utah, Wyoming and New Mexico?
If more water is consumed on the Western Slope and the upper basin, what does that do to the risk of Lake Powell falling below 3,525 feet above sea level? That level is beneath the intakes to the dam’s hydropower plant, aka minimum power pool.
To try to get the answers, Hydros has developed a water model for the river district’s “risk study” that uses information from two other hydraulic models: one used by Colorado called StateMod, which includes detailed information about water rights and use in Colorado; and the other used by the Bureau of Reclamation called Colorado River Simulation System, which provides a regional look at the river system.
“To the best of my knowledge, I don’t think anybody has ever practically linked StateMod with CRSS, so I think the work that Hydros is doing here is out in front of anything anybody has gotten done,” Currier told the River District’s board of directors, who represent 15 Western Slope counties, on April 15. “And they are just now really getting into the guts, the interesting stuff, of the study.”
Detailed results from the risk study are slated to be shared June 20 in Grand Junction at a regional meeting of Western Slope water users and providers.
Studying the options
To handle the supply side of the scenarios, Hydros is using the recorded hydrology from 1988 to 2015, a period that was drier than even the most severe climate-change models show. As such, it’s called the “stress test” hydrology.
To model potential future depletions, Hydros has taken guidance from a series of programmatic biological opinions, or PBOs, done in various river basins as part of managing endangered fish populations.
The study is focused on the five major river basins on the Western Slope that contribute water to the Colorado River system above Glen Canyon Dam: Yampa, White, Colorado, Gunnison and San Juan.
With supply-and-demand assumptions in hand, Currier said the model can be asked a question on many people’s minds in Colorado: How might consumptive use of water be curtailed or reduced on either a mandatory or voluntary basis in order to maintain targeted elevations at Lake Powell, such as minimum power pool at 3,525 feet?
Minimum power pool makes a good target elevation for the model, because not only is the produced electricity valuable, but the elevation level also serves as a good proxy for staying in compliance with the 1922 Colorado River Compact.
If Lake Powell stays above minimum power pool, there is almost zero chance the compact will be violated, Currier told the river district board.
Colorado also is studying curtailment options using its own methodologies, but unlike the River District, it is not releasing its findings due to concerns of potential litigation.
The Front Range Water Council, an ad-hoc group of the largest water providers between Fort Collins and Pueblo, is also conducting studies that ask questions similar to those being asked by the state’s curtailment study and the river district’s risks study, according to Currier.
The river district’s model is exploring two ways a potential mandatory curtailment in Colorado could be implemented, or administered, by the Division of Water Resources.
The first way is based on the priority system in Colorado of first in time, first in right.
Say the state, in order to not violate the compact, set a goal of sending 100,000 acre-feet of water a year to Lake Powell from the Western Slope, water that otherwise would have been used or consumed.
And say the state began curtailing water rights, starting with the most junior rights, and proceeded down the list of rights, by date, until it reached rights that carry a date prior to Nov. 24, 1922, when the compact was signed.
Such pre-compact water rights are exempt from its terms.
How far down the list would the state have to curtail to put 100,000 acre-feet in Lake Powell?
And which junior rights, in each the five basins, would be curtailed first?
For example, almost all of the 600,000 acre-feet of water diverted through transmountain diversions was developed after 1922, and so the Front Range cities and farmers relying on that water are vulnerable to a compact call.
Knowing how a mandatory curtailment, administered in priority, rolls out “would really be useful for a lot of users,” Currier said.
Another way to potentially administer a curtailment is to do it on a pro-rata basis
For example, of all of the post-compact depletions occurring in Colorado, 70% are happening in the Colorado River basin proper, which includes flows above Grand Junction.
Currier said, for example, that a preliminary model run shows if the state wanted to curtail 300,000 acre-feet of post-compact water today, do so on a pro-rata basis among the Western Slope basins, the Colorado basin would have to come up with 69% of the water. And the White River basin would have to come up with just 1% of the water.
Currier said the results of the risk study will not only help how a mandatory curtailment would be implemented, it will also help inform how a voluntary program could be set up.
The CWCB is currently developing such a “demand management” program,” as are the other upper basin states. Colorado’s program is to be voluntary, temporary, compensated and equitable between basins and water users.
The framework for the nascent demand management programs was approved recently approved by an act of Congress, along with a series of other DCP agreements.
As part of DCP, the upper basin secured the option of storing 500,000 acre-feet of water in Lake Powell in a new regulatory pool that is exempt from the 2007 interim guidelines that now dictate how water is stored and released from Lake Powell.
The guidelines have a goal of equalizing the levels in both Powell and Mead, and upper basin water managers say the result is that more water is being released from Powell, to the benefit of Mead, and is reducing the upper basin’s operating cushion in Lake Powell.
This new pool of water in Powell must come from actual savings in water use, or water that otherwise would have been consumed by agriculture or cities, but instead was not used and was sent downriver to Lake Powell.
Today across the Western Slope, an annual average of 2.6 million acre-feet is being depleted, or consumed, according to StateMod. And the risk study estimates an average annual increase in depletions of 287,000 acre-feet.
The Colorado River basin, above Grand Junction, accounts for 1.2 million acre-feet of those depletions, the Gunnison for 575,000, the San Juan for 500,000, the Yampa for 197,000 and the White for 62,000.
The estimated 287,000 of total future average depletions on the Western Slope represents an 11 percent increase in water use, Currier said.
If that 11% increase is applied to the current use in the other upper basin states, it means another 390,000 acre-feet of water could be depleted in the future above Lake Powell.
Which leads to the posing of a series of questions to the Hydros model, and reflected in a chart that shows how different measures lower the risk of reaching minimum power pool.
Let’s say an additional 390,000 acre-feet of water is developed in the upper basin, the dry stress-test hydrology is applied over 25 years, and the upper basin reservoir re-operations, recently approved by Congress as part of a drought contingency planning program, are not yet in effect. What, then, happens to Lake Powell?
Well, this scenario shows there is a 17% chance that Lake Powell will fall below 3,525 feet, or minimum power pool. The risk study calls this the “baseline, future” scenario.
Now, let’s say that the new 390,000 acre-feet of depletions are made, but the drought contingency planning measures are applied, including releasing water from three big upper basin reservoirs.
This scenario, called “DCP, future,” cuts the risk level at Lake Powell to 10 percent.
Now, say that no new water is developed, or consumed, but the DCP measures are not yet in place.
That scenario, “baseline, current,” cuts the risk to about 5%.
And finally, assume that no new water is developed, but the DCP water conservation and supply measures are in place.
The risk drops to about 3%, in the “DCP, current” scenario.
“You get down to maybe a 3% chance that you’re going to drop below 3,525,” Currier said.
Given the 3% risk factor, should the upper basin also shore that number up by adding 500,000 acre-feet of water into a new demand-management pool?
If demand management — difficult and expensive to implement — is going to provide only a small pillow against minimum power pool, is it worth doing?
If it helps answer the question, Currier said the 500,000 acre-foot demand-management pool at Powell amounts to 8 feet of additional elevation, once the reservoir has dropped to 3,525 feet.
“We’re not talking a huge pillow here to save us, with 500,000 acre-feet,” Currier said.
But he noted that trying to fill that pool could still yield benefits.
First, it could show the lower basin states that the upper basin states can actually use less water, and securely get it to Lake Powell — which might lead the lower basin states to agree to an even larger demand-management pool.
Also, it could help water users in Colorado figure out how to use less water on a voluntary basis.
If they do that, they might be able to camp out a little longer with the water they have.
Aspen Journalism covers rivers and water in collaboration with The Aspen Times and other Swift Communications newspapers. The Times published this story on Monday, April 29, 2019.
The petition, filed in Los Angeles Superior Court, alleges violations of the California Environmental Quality Act by the Metropolitan Water District of Southern California, and names the Coachella Valley, Palo Verde and Needles water districts as well. It asks the court to suspend the Lower Basin Drought Contingency Plan until a thorough environmental analysis has been completed.
“The logic in going forward without (us) was that the (drought plan) couldn’t wait for the Salton Sea,” Henry Martinez, IID general manager, said in a statement. “This legal challenge is going to put that logic to the test and the focus will now be where it should have been all along — at the Salton Sea.”
Martinez said in an interview that the district also had to act because of the continuing threat of possible mandatory water cuts, especially to farm districts like IID, if Metropolitan and others can’t meet their obligations. MWD committed to keep 2 million acre feet of water in the reservoirs under the plan, and its general manager, Jeffrey Kightlinger, has said his staff concluded this year’s healthy precipitation meant they could do it.
But Martinez said that was a short-term fix. “When you go through a drastic drought, you have to keep cutting back and cutting back. It is our opinion that Met cannot supply all of the water … that would be required,” he said. If mandatory cuts were ordered, “politically, urban water users are the heavyweights at the end of the day. … Humans will beat out plants.”
IID’s petition alleges that MWD wrongly committed to enter into agreements on behalf of itself and all other California contractors.
In a statement, Kightlinger said, “We are disappointed that the Imperial Irrigation District is using litigation as a tool to block implementation of the Drought Contingency Plan. Parties on the Colorado River need to collaborate during this time of crisis, not litigate.”
IID was cut out of the drought plan after MWD stepped in and said it would contribute its rural neighbor’s required share of water in drought years. The districts had previously signed contracts technically making the swap possible.
In his statement, MWD general manager Kightlinger said, “During our negotiations on the Drought Contingency Plan, it was our goal to find an approach that had no adverse impacts on the Salton Sea. That goal was achieved — the contributions to Lake Mead that will be made by Metropolitan and others will not decrease water going to the sea.”
Reclamation and state water officials, including California, signed a joint letter to Congress requesting the drought plans be approved on March 19, without IID. The legislation passed rapidly and overwhelmingly, and was signed into law by Trump on Tuesday. Mexico will also be a party per a previous agreement. State representatives now need to finalize their approvals.
The ripples of IID’s lawsuit were felt in the Arizona legislature on Wednesday, where top water officials gave an update on the drought plan to the Senate Committee on Water and Agriculture. Arizona Department of Water Resources Director Tom Buschatzke testified that although the potential impact of the lawsuit was unknown, he doesn’t see it affecting much. He is encouraging more dialogue to bring IID back into the deal.
“They’re choosing right now to go down this path, but from my perspective, this will not prohibit us in moving forward and signing the Drought Contingency plan,” he said.
Buschatzke said the focus is on implementing the Drought Contingency Plan as is. If MWD doesn’t sign as a result of the litigation, others will “assess where we’re at” then.
IID’s Martinez said that the timing of the lawsuit the same day as Trump signed the legislation was coincidental. The district was up against a deadline to act once Metropolitan’s board voted to approve taking on IID’s share of water, he said.
Here’s the release from the Metropolitan Water District of Southern California (ebecca Kimitch/Maritza Fairfield):
Jeffrey Kightlinger, general manager of the Metropolitan Water District of Southern California, issues the following statement on Imperial Irrigation District’s legal challenge alleging violations of the California Environmental Quality Act.
“During our negotiations on the Drought Contingency Plan, it was our goal to find an approach that had no adverse impacts on the Salton Sea. That goal was achieved – the contributions to Lake Mead that will be made by Metropolitan and others will not decrease water going to the sea. Moving forward, we remain committed to working with our partners on the Colorado River and with the federal government to secure funding and lasting solutions to the challenges of the Salton Sea.
“The Drought Contingency Plan will help stabilize Colorado River supplies for seven states and Mexico for the next eight years while we find lasting solutions in the basin that ensure the people, crops and ecosystems that rely on the river have a reliable water supply for generations.
“We are disappointed that the Imperial Irrigation District is using litigation as a tool to block implementation of the Drought Contingency Plan. Parties on the Colorado River need to collaborate during this time of crisis, not litigate.”
[The President] tweeted this week that he “just signed a critical bill to formalize drought contingency plans for the Colorado River.”
It was the first time that Trump had ever mentioned the Colorado River in a tweet.
And the drought contingency planning, or DCP, bill the president signed Tuesday had been whisked through Congress in just six days.
For water managers used to working in slow-moving “water time,” it was a surprise to see the federal legislation necessary to implement the DCP agreements happen so fast, and compelling for the Colorado River to be in President Trump’s hands, however briefly.
“That did go through fairly quickly, and in a relatively non-confrontational manner,” Andy Mueller, the general manager of the Colorado River Water Conservation District, told the district’s board of directors Tuesday morning during a quarterly meeting.
And by the end of the meeting, Mueller was announcing that Trump had just tweeted about signing the bill.
The brief DCP bill authorizes the Interior secretary, now David Bernhardt of Rifle, to implement the DCP agreements negotiated by water managers in the upper basin states of Colorado, Utah, Wyoming and New Mexico and the lower basin states of California, Arizona and Nevada.
Perhaps less surprising to regional water managers was that the Imperial Irrigation District, which is the biggest user of water in the lower basin, wasted no time and filed a lawsuit Tuesday in an effort to halt, or at least influence, the DCP agreements. The district is seeking funding to help restore the shrinking Salton Sea and had been vocal in its dissent when the DCP bill was before Congress.
It is not clear yet how Imperial’s lawsuit will affect the still unfolding DCP process, but James Eklund, who represents Colorado on the Upper Colorado River Commission and would sign the DCP agreements for Colorado, said Tuesday he was still optimistic the agreements would be signed this month.
If the DCP agreements are finalized, it means Colorado and the upper basin states could store up to 500,000 acre-feet of conserved water in Lake Powell, and other upper basin reservoirs, and do so in a new regulatory framework that shields the water from the current operating guidelines dictating how Lake Mead and Lake Powell are operated.
Those guidelines, which sunset in 2026, seek to balance the levels of the two big reservoirs, which have been falling due to a 19-year drought, of which this past snowy winter was a welcomed exception. (The Bureau of Reclamation announced Monday that it was forecasting runoff into Lake Powell would be 112 percent of average, up from 43 percent of average in 2018.)
In balancing the levels of Lake Powell and Lake Mead, the upper basin states feel that the guidelines require the release of too much water from Lake Powell, and they want to create a savings account they control in the big reservoir to raise the surface level and protect against a violation of the Colorado River Compact, which requires the upper basin to deliver a set amount of water to the lower basin.
With the passage of the DCP legislation, that savings account in Lake Powell is almost a reality, as is authorization for the Bureau of Reclamation to release water from Flaming Gorge, Blue Mesa and Navajo reservoirs down the Green, Gunnison and San Juan rivers to help keep Lake Powell above minimum power pool.
And next comes the part where the upper basin states each have to figure out a demand management, or water-use reduction program, to fill their new water savings account.
The conserved water is supposed to come from the reduction of consumptive use, which in Colorado means it will mainly come from applying less water to fields, pastures and urban lawns.
In Colorado, it is the job of the Colorado Water Conservation Board to figure out how, and if, to start up a demand management program.
To investigate its options, the state agency plans to create eight small working groups to tackle various aspects of demand management, and officials have given people until the end of day Friday to express interest in serving on the various work groups, which are expected to meet throughout the year.
Mueller, the manager of the Colorado River District, has informed the CWCB that the district wants to place a staff member on every one of the eight work groups, given the importance of the potential demand management program to the 15 Western Slope counties the district covers.
The River District’s board wants to ensure that a demand management program is voluntary, temporary, compensated and equitable for water users across the state.
And while the CWCB has adopted a policy that includes those goals, it has confirmed that the state also is studying how an involuntary reduction in water use might happen if necessary to avoid violating the Colorado Compact.
“The state has been working on a study that evaluates the legal elements of compact compliance,” CWCB Director Rebecca Mitchell said Thursday. “This is being done through a variety of evaluations that focus on avoiding the need for compact compliance and for options that the state engineer may want to take into consideration in case administration of the compact is necessary to address a compact deficit on the Colorado River.”
Aspen Journalism covers rivers and water in collaboration with The Aspen Times and other Swift Communications newspapers. The Times published this story on Friday, April 19, 2019.
FromThe Grand Junction Daily Sentinel (Hannah Holm):
Even as successive snowstorms obliterated drought conditions in the state of Colorado, the states that share the Colorado River put the final touches on a plan to use less water. On March 19, representatives from California, Arizona, Nevada, Utah, New Mexico, Wyoming, Utah and Colorado asked Congress to approve their “Drought Contingency Plan.” Congressed obliged, and [the President] added his signature on April 16.
The lightning speed with which the Drought Contingency Plan was approved in contentious Washington, D.C. reflects the plan’s importance. Over the past two decades, water use from the river has regularly exceed inputs from snow and rain, leading water levels in Lakes Mead and Powell to drop perilously low.
The risk is most acute for the downstream states, because if water levels get too low at Lake Mead, no one but Las Vegas will be able to get any of their Colorado River water out. Las Vegas has spent billions on an intake at the bottom of the lake, just in case. Because of that risk, the lower basin portion of the plan has a detailed schedule of delivery cuts triggered by different lake elevations. Until the snowstorms really picked up this year, the first trigger was expected to come in 2020.
Here in Colorado and the other upstream states, we catch whatever water falls from the sky on its way to Lake Powell. Water in Lake Powell is mainly useful to us for generating hydropower (and money from hydropower, which is spent on infrastructure and environmental projects) and for keeping us out of trouble with our obligations to the downstream states.
Releases to the lower basin have always met or exceeded the requirements in the 1922 compact between the states, and the obligation is calculated on a 10-year rolling average. The threat of having to cut upper basin water uses to comply with the compact is therefore somewhat distant and shrouded in both hydrologic and legal uncertainties.
Because the upper basin risk is less immediate, the upper basin portion of the Drought Contingency Plan is less tangible. It is a “plan to plan,” outlining processes for making extra releases from upstream reservoirs under certain conditions, and for developing a special account in Powell for conserved water. Water in this special account would be protected from releases to Mead under normal operations to balance water levels in the reservoirs.
The conserved water pool in Powell can’t be used unless a “Demand Management” plan is developed and unanimously agreed to by all four upper basin states. Colorado officials are currently gathering input on what such a plan should look like. Based on what they’ve already heard, fundamental criteria are that any Demand Management Plan would be based on voluntary, temporary and compensated water use reductions: no one would be forced, no uses would be permanently retired, and whoever participates will get paid for it.
It seems obvious that it’s a good idea to start building a savings account little by little through modest, deliberate, compensated water use cuts in order to avoid large, mandatory, uncompensated cuts in the future. But important concerns have been raised about how water use cuts would be balanced between the West Slope and East Slope, between urban and agricultural users, and between different West Slope basins. Since agriculture is the biggest user of Colorado River water, it is almost certain that under any Demand Management Plan, agricultural water use will decline, even if cities are roped into sharing some of the burden. That’s a tough pill for a lot of people to swallow.
It sometimes seems like proactively cutting water use is just too unpleasant and complicated, and maybe doing nothing would be better. But the Drought Contingency Plan was developed for a reason. There’s less water in the river than there used to be, and our long-term warming trend suggests that there will be even less in the future.
Last year’s miserable snowpack showed us our vulnerabilities. If the snow hadn’t come back this year, even Grand Valley farmers served by big ditches with senior rights and reservoir storage upstream would have been forced to cut their water use over the coming summer, despite a lack of compact compliance problems. And no one would have paid them for it.
At some point, we will get two really bad snow years in a row. Participation in a voluntary, temporary, compensated Demand Management program may, if done right, help fund investments in technology and crop alternatives that enhance local farmers’ ability to stay viable when less water is available. This will benefit our entire community, regardless of whether the shortage results from downstream obligations or nature’s failure to provide.
Here’s the release from the Imperial Irrigation District:
On the same day President Trump signed the Drought Contingency Plan into law, Imperial Irrigation District filed a petition in Los Angeles Superior Court alleging violations of the California Environmental Quality Act by the Metropolitan Water District of Southern California.
The petition calls on the court to suspend approvals and actions related to the Lower Basin Drought Contingency Plan until such time that an appropriate CEQA analysis and process has been completed.
“The logic in going forward without IID was that the DCP couldn’t wait for the Salton Sea,” said Henry Martinez, IID general manager. “This legal challenge is going to put that logic to the test and the focus will now be where it should have been all along – at the Salton Sea.”
IID’s petition alleges that MWD violated CEQA principles by committing to enter into agreements, on behalf of itself and all other California contractors, which will require MWD to forgo diverting up to hundreds of thousands of acre-feet of water annually from the Colorado River without considering how it will make up the shortfall.
“Metropolitan engaged in a prejudicial abuse of discretion and failed to proceed in the manner required by law,” wrongly determining that the DCP approvals were exempt from environmental laws, the suit continues.
CEQA is a statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible.
Without IID’s participation, the Bureau of Reclamation and state water officials, including California, signed the DCP on March 19.
While IID worked to be a partner in the DCP process, the district objected, citing environmental issues posed at the Salton Sea and lack of federal funding commitments for the state’s 10-year Salton Sea Management Plan.
The district maintains that the Salton Sea is an integral part of the Colorado River system and its decline presents a severe public health and environmental crisis for the Imperial and Coachella valleys and the state.
IID has pointed out that MWD’s obligation to the river, under this DCP, could be over 2 million acre-feet.
“As long as IID was part of the DCP, the Salton Sea would have been insulated from impacts because IID could have protected it,” said IID board president Erik Ortega. “But under this DCP, particularly now that MWD is calling the shots for California and acting on behalf of the rest of the Colorado River, the Salton Sea is truly on its own. That’s why IID is acting to preserve its rights – and the Salton Sea’s future – by filing this CEQA challenge.”