Meadows in north Routt County, Colorado, were bare in spots on Feb. 9 after a slow start to this winter’s snowpack. Scott Franz/KUNC
Click the link to read the article on the KUNC website (Scott Franz):
February 13, 2026
This story is part of ongoing coverage of the Colorado River, produced by KUNC in Colorado and supported by the Walton Family Foundation. KUNC is solely responsible for its editorial coverage.
Jay Fetcher and other ranchers in northwest Colorado measure snowpack each winter using their barbed wire stock fences.
A healthy level is called a three wire winter, when the snow piles up past the third wire above the ground. But on Feb. 9, the region was experiencing a zero wire winter.
โWe just have no snow, and I have never seen it, in my 75 years here, I have never seen this,โ Fetcher said Monday as he navigated patches of mud on his ranch in the Elk River valley north of Steamboat Springs.
Jay Fetcher poses on his ranch in northwest Colorado on Feb. 9. Low snowpack is adding pressure to negotiations on how to conserve the dwindling Colorado River. Scott Franz/KUNC
Many of the hills and meadows surrounding his ranch were brown and bare. The thermostat on Fetcherโs truck read 50 degrees, and the last patch of snow was melting fast off the roof of a barn.
This year, Fetcherโs ranch is on the frontlines of record-low snowpack across the West that is adding a sense of urgency among seven states to finalize a plan for how to conserve the dwindling Colorado River.
The snow in the nearby Zirkel wilderness melts into the Elk River and irrigates Fetcherโs fields before the water eventually joins the Colorado River and flows to millions of people downstream.
But things have been changing near Fetcherโs ranch over the past decade, and it could have implications for states competing for the water supply.
Since 1951, the Fetchers have tracked how long the snow stays on their meadows by marking the date in a little red journal. The data shows the snow is melting sooner in the valley.
โIn the past 10 years, the snow leaving the meadow has moved up by 12 days,โ he said. โThis winter is a real indication of climate change, with bare meadows in the middle of February. I mean, what date am I going to write down for (when) snow left the meadow this year? Did it ever come?โ
Jay Fetcher walks through a barn door on his ranch in Routt County, Colorado. Scott Franz/KUNC
The dwindling water supply in the Colorado River basin is driving intense negotiations among the seven states over how to share it in the future. Some forecasts predict water levels at Lake Powell could get so low this year that its dam would stop producing electricity. States have until Saturday to come to an agreement and the pressure has been building.
If they donโt, they might end up fighting each other in the Supreme Court.
Downstream states, including California and Arizona, say Colorado and states in the upper basin should pitch in with mandatory water restrictions during dry years.
But leaders in the Rocky Mountains are digging in.
They say ranchers and cities are already enacting conservation plans, and more cuts should not be forced on them.
โIf we don’t choose how to live within the river’s limits, the river will choose it for us, and she will not be gentle,โ Becky Mitchell, Coloradoโs top river negotiator, said in a speech to a water conference in January. โOperations (of the riverโs reservoirs) must be supply based, not demand based, not entitlement justified, and not built on a hope that the next big year will save us.โ
Negotiators in the lower basin are calling for compromise. J.B. Hamby is Californiaโs water negotiator.
โItโs going to take everyone chipping in and making the necessary (water) reductions to balance the supply with the demand we have moving forward,โ he said during a speech last month.
The Yampa River in downtown Steamboat Springs was mostly ice free on Feb. 9 as temperatures rose above 50 degrees. Scott Franz/KUNC
Sitting on a patio on his ranch in northwest Colorado, Fetcher said Monday heโs not confident the lower and upper basins will resolve their differences anytime soon.
He said heโs willing to donate some water he doesnโt use each year downstream to California, but under current regulations, he would risk losing his water rights under a โuse it or lose itโ system.
โI know that we will be able to irrigate these meadows just fine, because of our water rights, because of where we are, because of the ranch being on the Elk River. So from a personal standpoint, I’m okay with it,โ he said. โThe challenging question is, what happens with the lower basin? They’re just going to have to think about how to get by with less water and not have so many golf courses out there.โ
The deadline for the seven states to agree on a long-term plan for how to conserve the Colorado River is Saturday.
Westwide SNOTEL basin-filled map February 12, 2026.
A photo of Glen Canyon Dam from 2022, when the dam’s intake points were 33 feet away from minimum power pool. The top of the grate-like penstocks can be seen in this photo.ย Luna Anna Archey / High Country News
Floyd Dominy, the commissioner of the federal Bureau of Reclamation in the 1960s, was largely responsible for the construction of Glen Canyon Dam on the Colorado River. In 1963, when the dam was completed, he could not have foreseen the climate situation we find ourselves in today, with declining snowpack, record-high temperatures and alarmingly low water levels in Lake Powell, year after year. But he and his engineers could have, and should have, foreseen that the way they designed the dam would leave little room to maneuver should a water-supply crisis ever impact the river and its watershed.
Indeed, a state of crisis has been building on the Colorado for decades, even as the parties that claim its water argue over how to divide its rapidly diminishing flows. Lately, things have entered a new and perilous phase. Last Nov. 11 was a long-awaited deadline: Either the states involved โ California, Arizona, Nevada, Utah, New Mexico, Colorado and Wyoming โ would have to agree on a new management plan, or else the federal government would impose its own, something none of the parties would welcome. Meanwhile, the 30 tribes that also hold claims to the river have historically been and continue to be excluded from these negotiations.
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2025. Note the tiny points on the annual data so that you can flyspeck the individual years. Credit: Brad Udall
That deadline came and went, and instead of acting, the government punted, this time to Feb. 14. Nobody was surprised: Unmet deadlines and empty ultimatums have been business as usual on the river for years. Decades of falling reservoir levels and clear warnings from scientists about global warming and drought have prompted much hand-wringing and some temporary conservation measures, but little in the way of permanent change in how water is used in the Colorado River Basin.
The downstream face of Glen Canyon Dam, which forms Lake Powell, Americaโs second-largest water reservoir. Water is released from the reservoir through a hydropower generation system at the base of the dam. Photo by Brian Richter
For decades, the seven Basin states have used more water than the river delivers by drawing their entitlements from surpluses banked in reservoirs during the wet 1980s and โ90s, chiefly in Lake Mead and Lake Powell. Never mind that those entitlements were based on an over-estimate of river flows in 1922, when the Colorado River Compact was established, rendering the โpaperโ water of the entitlements essentially a fiction, not to mention a source of continual conflict. That savings account has now been drained: Mead and Powell are each below 30% full, and the trend is steadily downward. Global warming has only accelerated the decline: So far this century, the riverโs flow has fallen 20% from its long-term annual averages, and scientists forecast more of the same as the climate continues to heat up.
The back of Glen Canyon Dam circa 1964, not long after the reservoir had begun filling up. Here the water level is above dead pool, meaning water can be released via the river outlets, but it is below minimum power pool, so water cannot yet enter the penstocks to generate electricity. Bureau of Reclamation photo. Annotations: Jonathan P. Thompson
Meanwhile, the physical infrastructure that enables Colorado River water management is on the verge of its own real and potentially catastrophic crisis โ and yet Reclamation has barely acknowledged this, with the exception of an oblique reference in an unpostedย technical memorandumย from 2024. The falling reservoir levels reveal another, deeper set of problems inside Glen Canyon Dam, which holds back the Colorado and Lake Powell. The 710-foot-tall dam was designed for a Goldilocks world in which water levels would never be too high or too low, despite the well-known fact that the Colorado is by far the most variable river in North America, prone to prodigious floods and extended droughts. But the Bureau, bursting with Cold War confidence โ or hubris โ chose to downplay the threat. In the record-breaking El Niรฑo winter of 1983, the Bureau almost lost the dam to overtopping, due to both its mismanagement and its design, because the dam lacks sufficient spillway capacity for big floods. Only sheets of plywood installed across its top and cooler temperatures that slowed the melting of that yearโs snowpack saved Glen Canyon Dam.
The four 96-inch diameter steel pipes of the River Outlet Works. If the damโs penstocks are closed, these pipes are the only remaining way to pass water through the dam, and are unsafe to use for extended intervals. Luna Anna Archey / High Country News
Gus Levy, Glen Canyon Damโs plant facility manager, walks past hydropower turbines. In 2022, due to the low water level of Lake Powell, only five of the eight turbines operated on a daily basis, though all eight were kept in working order. Luna Anna Archey / High Country News
Today, the dam is threatened not by too much water but too little. In March 2023, the water level of Lake Powell dropped to within 30 feet of the minimum required for power generation, known as โminimum power pool.โ At 3,490 feet above sea level, minimum power pool is 20 feet above the generatorsโ actual intakes, or penstocks, but the damโs eight turbines must be shut down at minimum power pool to avoid cavitation โ when air is sucked down like a whirlpool into the penstocks, forming explosive bubbles which can cause massive failure inside the dam.
Even more worrisome is what would happen next. At minimum power pool, the penstocks would have to be closed, and the only remaining way to pass water through the dam is the river outlet works, or ROWs: two intakes in the rear face of the dam leading to four 96-inch-diameter steel pipes with a combined maximum discharge capacity of 15,000 cubic feet per second. However, the ROWs, also known as bypass tubes, have a serious design flaw: They are unsafe to use for extended intervals, and start to erode when the reservoir is low.
In 2023, when the ROWs were used to conduct a high-flow release into the Grand Canyon at low-reservoir levels, there was, in fact, damaging cavitation, and the Bureau has warned that there would likely be more in the event of their extended use. In practice, safe releases downstream may only be a fraction of their claimed capacity โ and if the tubes begin to experience cavitation, flows may need to be cut off entirely. Such a scenario would compromise the damโs legal downstream delivery requirements, or, to put it bluntly, its ability to deliver enough water to the 25 million people downstream who rely on it โ as well as the billions of dollarsโ worth of agriculture involved. This means that Lake Powell โ and with it, the entire Colorado River system โ is perilously close to operational failure.
If reservoir levels drop to the ROWsโ elevation of 3,370 feet above sea level, Lake Powell would reach โdead pool,โ where water would pass through the dam only when the riverโs flow exceeded the amount of water lost to evaporation from the reservoir. No other intakes nor spillways exist below the ROWs. There is no โdrain plug.โ Yet there is more dam โ 240 feet more before the bottom of the reservoir, effectively the old riverbed. This not-insignificant impoundment โ about 1.7 million acre-feet of water โ would be trapped, stagnant and heating in the sun, prone to algal blooms and deadly anoxia. The lake would rise and fall wildly, as much as 100 feet in a season, because of the martini-glass shape of Lake Powellโs vertical cross section.
Illustration from the report, <a href=”https://utahrivers.org/blog-post/2022/8/9/lenapost“>Antique Plumbing & Leadership Postponed</a> from the Utah Rivers Council, Glen Canyon Institute and the Great Basin Water Network. Courtesy of Utah Rivers Council
Insufficient or no flows through Glen Canyon Dam would be a disaster of unprecedented magnitude, affecting vast population centers and some of the biggest economies in the world, not to mention ecosystems that depend on the river all the way to the Gulf of California in Mexico. The Lower Basin states of California, Arizona and Nevada warned as much in a recent letter to Interior Secretary Doug Burgum, saying that Reclamationโs failure to mention the damโs plumbing problems in its current environmental impact statement for post-2026 operations is against federal law. The letter reads: โAddressing the infrastructure limitations may be the one long-term measure that would best achieve operation and management improvements to the Glen Canyon Dam.โ
To date, however, the Bureau has made no formal response.
One thing is clear: Glen Canyon Dam will need to be modified to meet its legal and operational requirements. In the process, the health of the ecosystems in Glen Canyon, above the dam, and in Grand Canyon, below it, must be considered. The best way to avoid operational failure and the economic and ecological disasters that would follow is to re-engineer the dam to allow the river to run through it or around it at river level, transporting its natural sediment load into the Grand Canyon.
Sketches by Floyd Dominy show the way he’d end the Glen Canyon Dam. From the article “Floyd Dominy built the Glen Canyon Dam, then he sketched its end on a napkin” on the Salt Lake Tribune
As it happens, Floyd Dominy himself provided us with a simple and elegant plan for how to do it. In 1997, the former commissioner sketched on a cocktail napkin how new bypass tunnels could be drilled through the soft sandstone around the dam and outfitted with waterproof valves to control the flow of water and sediment. What it prescribes is treating the patient โ the Colorado River, now on life support โ with open-heart surgery, a full bypass. Dominyโs napkin, which he signed and gave to my colleague Richard Ingebretsen, the founder of Glen Canyon Institute, is effectively a blueprint for a healthier future for the Colorado River and the people and ecosystems that depend on it.
But the window for action to avoid dead pool is dauntingly narrow and closing fast, especially given the time that would likely be required for the government to study, design and implement a fix. The Trump administrationโs gutting of federal agency expertise and capacity adds yet more urgency to the issue. Whatever may or may not get decided on Feb. 14, the feds and the basin states need to look beyond the water wars and start building a lasting, sustainable future on the Colorado River.
The seven states that take water from the Colorado River have a deadline of February 14 to come up with a river management plan that they can all agree on. And every day that passes it looks as if that deadline, not the first one they have faced, will also be missed. Valentines Day may not be one of shared love by all.
The Colorado River basin is experiencing the greatest drought and loss of flows in the past 1200 years and the various agreements crafted to deal with deepening drought, particularly the 2007 Interim Guidelines and subsequent Drought Contingency Plans, are set to expire at the end of this year.
The major sticking point is centered around how water diversions from the river will be cut, and there will be substantial cuts. Most of that burden will fall on the Lower Basin states of California, Arizona and Nevada. They are the largest users of Colorado River water. Cuts for the four Upper Basin states; Colorado, Wyoming, Utah and New Mexico are not considered in either the previous guideline and agreements nor in the recently released Draft Environmental Impact Statement (DEIS) for Post-2026 Operational Guidelines and Strategies for Lake Powell and Lake Mead by the Bureau of Reclamation. The DEIS only looks at the river below the upper reaches of Lake Powell.
This has the Lower Basin up in arms. They are demanding mandatory, verifiable and enforceable cuts by the river diversions in the Upper Basin. The Upper Basin is refusing this demand, and Arizona in particular is threatening to unleash its historical use of litigation to try and get what it wants.
Underlying this, however, is a very fundamental misunderstanding of how water diversions work between the Lower and Upper Basins. Iโm starting to think that misunderstanding is deliberate, primarily to mislead the public constituents within the Lower Basin states. [ed. emphasis mine]
Tom Buschatzke, director of Arizonaโs Department of Water Resources, has said, โWe need certainty there are reductions in upper basin usage because that is one of the two tools that we haveโฆ You canโt make it snow or rain. But you can reduce your demandโ.
But in the Upper Basin that is not as easy as it sounds.
I have read that the true skill of a good negotiator is in being able to truly understand the other sides position. There are skilled and knowledgeable negotiators in the Lower basin, but I donโt think that they truly understand the Upper Basins position. They have been accustomed, some would say addicted, to the reliable delivery of stored water for all their needs since Hoover Dam was built and began releasing stored water some 90 years ago. Only until very recently, even in the face of an unrelenting drought, have they had to deal with shortages. For the Upper Basin shortage is an annual reality.
The Lower Basin takes water from the Colorado River mainly through a small handful of very large diversions such as the All American Canal, which provides water for Imperial and Coachella Valley agriculture, the Central Arizona Project (CAP) providing water for Pheonix, Tucson, Tribes, and Arizona agriculture and the California Aqueduct, which provides water for Los Angeles, San Diego and most Southern California cities. While distribution from these few large diversions to individual contract uses may be complicated by drought, reducing the intake at their diversion points isnโt.
That situation is very different in the Upper Basin. In Colorado, Wyoming and New Mexico there are many thousands of small diversions taking water from the Colorado River, the Green River and their myriad headwater tributaries. There are a few large diversions in the Upper Basin, primarily for water taken out of the basin to Coloradoโs East Slope cities and farms and to Utahโs Wasatch Front, but these diversions are still quite small compared to those in the Lower Basin.
The largest reservoirs in the Upper Basin are those built through the Colorado River Storage Act (CRSP, 1956), such as Flaming Gorge, Blue Mesa and Navajo. These reservoirs were not built to supply Upper Basin water needs, but to provide a โbank accountโ for Colorado River Compact compliance. In other words, for the benefit of the Lower Basin. Releases from these reservoirs are contemplated in the Post-2026 DEIS to maintain water elevations in Lake Powell that protect vital dam infrastructure and hydropower generation.
Lake Powell is also an Upper Basin reservoir in the CRSP Act of 1956. It was built entirely for Compact compliance and water deliveries to the Lower Basin. It has no water supply benefit to the Upper Basin other than as a Compact savings account.
A major wrinkle in any mandatory curtailments in Upper Basin diversions is simply in administrative logistics. It would be a complete nightmare for water administration and the State water engineers offices. And in Colorado it would be in the Water Courts as well.
A little legal background is needed here as well.
See Article 6.
All of the Colorado Basin states have Prior Appropriation as the bedrock doctrine for their water laws. California has a bit of a mix with Riparian law, but as far as the Colorado River diversions are concerned prior appropriation rules. Prior appropriation is the doctrine of โfirst in time, first in rightโ to divert the available water. Colorado was the first to codify prior appropriation in its state constitution, in 1876. Article 16, Section 6:
“The right to divert the unappropriated waters of any natural stream to beneficial usesย shall never be denied. Priority of appropriation shall give the better right as between those using the water for the same purpose; but when the waters of any natural stream are not sufficient for the service of all those desiring the use of the same, those using the water for domestic purposes shall have the preference over those claiming for any other purpose, and those using the water for agricultural purposes shall have preference over those using the same for manufacturing purposes.“
In Colorado you donโt actually need a court decreed right to divert water to a beneficial use. Just a shovel and a ditch. However, you are still subject to prior appropriation and can be the first cut off if a call is placed on the stream. There are a lot of such small diversions without an adjudicated right. I used to water my lawn in Eagle that way.
The Colorado River Compact of 1922 was created to avoid prior appropriation between the states. The US Supreme Court had decided that when there is a dispute over water between States that held prior appropriation as their foundational water law, seniority applies across state lines. Southern California was starting to grow at a much more rapid pace than the other states, greatly alarming the headwater, Upper Basin states. The Compact was crafted so that water from the river could be allocated โequitablyโ, allowing each state to grow and develop its water at its own pace. The Compact became the foundation of what is now known as the Law of the River. Laws based on prior appropriation still govern water use and administration within each State.
Arizona and California began arguing and litigating almost immediately, with Arizona usually on the losing end. That changed in 1963 when the US Supreme Court handed down a decision that once and for all set the water allocations for the Lower Basin, based on the allocations created in the 1928 Boulder Canyon Project Act, which finally ratified the Compact and paved the way for Hoover Dam, Lake Mead and the All American Canal.
Then the seniority picture between states changed with the passage of the 1968 Colorado River Projects Act that authorized construction of Arizonaโs long fought for dream of the Central Arizona Project. To get passage, Arizona had to subordinate its water rights to California, making it the junior and first to take cuts in times of drought.
Upper Colorado River Basin map via the Upper Colorado River Commission.
None of that extended into the Upper Basin, where the States had been getting along just fine, mostly, since the Compact was signed. These four states drafted their own Upper Colorado River Basin Compact in 1948, mainly so they could get more money from the Federal Government to build water storage and delivery projects. They did something novel, allocating each states share by a percentage of the rivers flow, not by set volumes of water as the 1922 Compact had done.
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2025. Note the tiny points on the annual data so that you can flyspeck the individual years. Credit: Brad Udall
Everything was fine so long as the major reservoirs of Lakes Mead and Powell were full. That has changed considerably since the onset of the current mega, or Millennial drought began in 2000. The two reservoirs have dropped to very low levels, levels never anticipated or planned for.
Here is the crux of the matter. The Lower Basin is demanding mandatory cuts from Upper Basin uses so that more water can flow downstream for their use. The 1922 Compact says clearly that the Upper Basin states โwill not cause the river flow at Lee Ferry to be depleted below and aggregate of 75,000,000 acre feet for any period of ten consecutive yearsโฆโ. The Lower Basin states argue that this constitutes an โobligationโ to deliver that much water to them. The Upper Basin states say no, there is no delivery obligation. It is a non-depletion requirement, that through diversions and actual consumption the states canโt let those flows drop below 75 million acre feet (maf) in a ten year running average.
That has never been a problem, until now. The 1922 Compact and its non-depletion requirement is a priority right in itself. Any water right in the Upper Basin that was adjudicated, perfected by actual use and consumption, after 1922 is subject to curtailment for fulfilling the non-depletion requirement. Any and all rights perfected prior to November 1922 are exempt.
So far, as of 2026, the required flows over a ten year running average have not yet hit that non-depletion trigger of 75 maf running average over ten years. Not yet, but it could be getting close.
The Upper Basin states live by a โrun of the riverโ system as there are no large storage units dedicated to their use as the Lower Basin has with Powell and Mead. There are many small reservoirs used for a single irrigation season, filled with the spring runoff and then empty by the end of the growing season. But they also are subject to how much water comes in the spring and downstream senior calls.
Every year, especially since this mega drought and increased aridification began, Upper Basin irrigators are curtailed each summer as the streams shrink and the small reservoirs are drained. Some years this curtailment includes water rights that are senior to the Compact as well.
The Upper basin, in short, is forced to live within its means, with what it has and no more than Mother Nature provides with the winter snowpack. As Tom Buschatzke said, โYou canโt make it snow or rain. But you can reduce your demandโ. The Upper Basin does exactly that every year, especially in years like this with a record low snowpack.
The mandatory, verifiable and enforceable cuts demanded by the Lower Basin would be more than difficult to achieve. And again, it would be an administrative and legal nightmare for those assigned the task on the thousands of relatively small, individual diversions that make up the Upper Basinโs water use from the Colorado River. There are those larger trans-basin diversions to the Colorado East Slope and cities, but even if they took substantial cuts, it would still be a pretty small amount of water. No where near the amounts that the Lower Basin has become accustomed to.
Right now the Upper Basin uses roughly half their Compact allocation, roughly around 4 maf a year, while the Lower Basin has historically used more than their full Compact allocation. To their credit, the Lower Basin has made substantial cuts, some voluntary and some enforced by agreements and obligations. California was forced to cut their water use by 800,000 acre-feet with the 2007 Interim Guidelines, back to their actual decreed limit, a cut some claim as an example of how much โsacrificeโ they have made. They and Arizona have made additional cuts as well, now taking around 6 maf, from a historic high near 10 maf per year.
I agree that the Upper basin needs to work harder at conservation, and they have been trying hard over the last few years. They havenโt been hording water or ignoring the needs of the Lower Basin or those spelled out in the Compact and subsequent agreements as some in the Lower Basin claim. But โmandatoryโ cuts beyond those already happening each and every summer will require significant changes with state water law and administration. In Coloradoโs case it could well require a change to Article 16, Section Six, of the stateโs constitution which has held unaltered since 1876.
We live now in a very different world from the 1800โs and 1922 when the Compact was drafted, using highly optimistic flow calculations that they already knew were wrong. But the men who drafted it were boosters, as were their fathers, seeing the West as they wanted to, not as it really was. Americaโs westward expansion has always been driven by dreams of abundance, and for a while the river was able to provide that through massive engineering, a still small but growing population and some pretty wet years. Many still hold on to that misguided dream of abundance in an increasingly arid region.
That has all evaporated. All water users in the West, especially the Colorado River basin, expect certainty and reliability, as Tom Buschatzke declared. Weโve built an entire system, and an entire economy based on those principals. Certainty and reliability are now fading rapidly in the rear view mirror, if we dare to look. Many wonโt. The Colorado River has made the desert bloom and let us build great cities. But its dwindling supply is placing all that in jeopardy. We need to adapt. The only certain and reliable future is one with less water, greater aridity and warmer and much drier climate.
Maybe our great civilization built on a desert river will go the way of the Hohokam who filled the valley Pheonix now inhabits with irrigation canals and a thriving population. Maybe. We can change that scenario if we adapt to the new reality. That will be both hard and painful. Parochial self-interest must be balanced with regional ties and interests, and that is never easy. Nor is it politically palatable. The Lower Basin is railing against the Upper Basinโs refusal to provide water it just doesnโt have. The Upper Basin is living within its means while honoring its commitments to the Compact as best it can.
The Bureau of Reclamation in its DEIS for Post-2026 river management introduced a new concept, at least new for Colorado River management. Decision making under Deep Uncertainty, or DMDU. Many, seemingly, arenโt familiar with that concept. Even the Bureauโs recommendations may not go far enough with that concept. They donโt seriously engage the reality that both Powell and Mead are headed for deadpool, meaning that the only water available from either reservoir will be what flows in. There will be no storage to rely on. None. That will have far more devastating impacts than what any of the alternatives contemplate. [ed. emphasis mine]
But when the well runs dry there isnโt much we can do. A few years ago the concept of stationarity in climate norms, basing predictions within the parameters of historical extremes, was declared dead. The ideas of certainty and reliability are now headed for the same graveyard.
Colorado River “Beginnings”. Photo: Brent Gardner-Smith/Aspen Journalism
A 2013 complaint that Texas was being deprived by New Mexico of its equitable apportionment of Rio Grande Compact water has finally been resolved and the compact decree approved by the special master in the case.
In a Fourth Interim Report dated Feb. 6, Hon. D. Brooks Smith agreed with the negotiated settlement by the states and the federal government that specifies how much compact water released by Colorado ends up with New Mexico and how much with Texas.
The proposed compact decree, which has to be accepted by the U.S. Supreme Court, employs use of the โEffective El Paso Index (โIndexโ),โ which provides a means of tracking the movement of water below Elephant Butte Reservoir for Texasโ accounting.
โMuch like the river whose water the parties have quarreled over for decades, this original action has proceeded in a meandering fashion. First articulated by Texas in its 2013 Complaint, the dispute, in some sense, began about 8,000 years ago, in ancient Mesopotamia, when the Sumerians invented the concept of irrigation and incited a run on Earthโs navigable waterways,โ Smith wrote in his report to the U.S. Supreme Court.
For its part, New Mexico countered that it was โexcess water consumption in Texasโ that interfered with the compact reporting. The standoff between the two states, with Colorado as a third party, lasted until July 3, 2023, when then-Special Master Michael J. Melloy issued a Third Interim Report (โTIRโ) on the matter, which began: โTexas, New Mexico, and Colorado . . . have filed a joint motion to enter a consent decree compromising and settling โall claims among them arising from the 1938 Rio Grande Compact.โโ
The proposed 2023 compact decree was filed with the U.S. Supreme Court, which rejected it at the request of the federal government, and appointed a new special master in Smith. He brought the states and federal government back together for another round of talks, and in June of 2025 visited the lower Rio Grande to talk to farmers and to familiarize himself with the features of the basin.
โI am grateful to the parties, the amici, and all of counsel for their cooperative efforts in organizing and carrying out what was a highly informative and comprehensive real-time view of both the waters of the Lower Rio Grande and the Project,โ Smith wrote in his report.
The Effective El Paso Index (โIndexโ), which is a feature of the proposed compact decree, measures compliance based on the amount of water that actually passes through the El Paso Gage.
โI am pleased that the Special Master has recommended the U.S. Supreme Court accept the partiesโ proposed settlement of the Rio Grande Compact litigation. The settlement is the result of collaboration between Texas, New Mexico, Colorado, and the United States; it includes entry of a proposed Compact Decree and dismissal of the United Statesโ claims,โ said Colorado Attorney General Phil Weiser. โI appreciate the Special Masterโs thoughtful engagement in the matter and his recommendation supporting this collaborative result. His recommendation gets even closer to the finish line.โ
The last step will be a decision from the Supreme Court, which Weiser said he hopes to receive by June.
Map showing new point to deliver Rio Grande water between Texas and New Mexico, at an existing stream gage in East El Paso. (Courtesy of Margaret โPeggyโ Barroll in the joint motion)
The outflow at the bottom of Navajo Dam in New Mexico. Photo: Brent Gardner-Smith/Aspen Journalism
From email from Reclamation Western Colorado Area Office:
The Bureau of Reclamation has scheduled a decrease in the release from Navajo Dam from 350 cubic feet per second (cfs) to 300 cfs for Tuesday, February 10th, at 8:00 AM.ย
Releases are being made through the 4×4 gates while the powerplant is down for maintance.
Releases are made for the authorized purposes of the Navajo Unit, and to attempt to maintain a target base flow through the endangered fish critical habitat reach of the San Juan River (Farmington to Lake Powell). The San Juan River Basin Recovery Implementation Program recommends a target base flow of between 500 cfs and 1,000 cfs through the critical habitat area. The target base flow is calculated as the weekly average of gaged flows throughout the critical habitat area from Farmington to Lake Powell.
This scheduled release change is subject to changes in river flows and weather conditions. ย If you have any questions, please reply to this message, call 970-385-6500, or visit Reclamationโs Navajo Dam website atย https://www.usbr.gov/uc/water/crsp/cs/nvd.html
Map of the San Juan River, a tributary of the Colorado River, in Arizona, Colorado, New Mexico and Utah, USA. Made using USGS National Map data. By Shannon1 – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=47456307
U.S. Interior Secretary Doug Burgum, center, speaks during a gathering with governors from six states in the Colorado River basin on Friday, Jan. 30, 2026. Photo credit: Lowell Whitman/Department Of Interior
Click the link to read the article on the KUNC website (Scott Franz):
February 2, 2026
This story is part of ongoing coverage of the Colorado River, produced by KUNC in Colorado and supported by the Walton Family Foundation. KUNC is solely responsible for its editorial coverage.
Governors and negotiators from the seven Colorado River basin states met behind closed doors for about two hours in Washington on Friday [January 30, 2026] to talk with Interior Secretary Doug Burgum about the dwindling waterwayโs future.
After they left the meeting, governors were quick to issue statements praising the gathering as โproductiveโ and โmeaningful,โ but no deal among the states was announced by Monday afternoon.
โThere isโฏstill a lot of work ahead to get to an agreement, but everyone wants an agreement, and weโll work together to create a pathway forward,โ New Mexico Governor Michelle Lujan Grisham said in a statement.
Arizona Gov. Katie Hobbs said she was โencouraged to hear Upper Basin governors express a willingness to turn water conservation programs into firm commitments of water savings.โ
Upriver in Colorado, Gov. Jared Polis said in a statement he โdefended our mighty Colorado River.โ
Colorado Gov. Jared Polis speaks Friday, Jan. 30 at a meeting about the future of the Colorado River at the Interior Department in Washington. Photo credit: Lowell Whitman/Department Of Interior
โI always fight to defend our water, whether itโs at the Department of Interior, Congress, or the courtroom,โ he said.
Utah Gov. Spencer Cox said he left the meeting โhopeful that weโll avoid the path of litigation.โ
โNo one wins going down that path,โ he said in a statement.
And Wyoming Gov. Mark Gordon issued perhaps the most optimistic statement of the group.
โI am wholeheartedly encouraged by our conversation and believe there is a definitive pathโ toward a deal, he said.
California Gov. Gavin Newsom missed the meeting, but his natural resources secretary, Wade Crowfoot, was in the room.
Crowfoot said in a statement afterward that he was โcautiously optimistic that an agreement is possible, and weโre working hard to make it happen.โ
Negotiators from the lower and upper basins entered the meeting at a yearslong impasse over how water restrictions should be managed during dry years.
They now have less than two weeks until a federal Feb. 14 deadline to reach an agreement.
Pressure to reach a deal is building.
Forecasts for the water supply from the Colorado River continue to grow worse as snowpack lags far behind normal across the West.
And negotiators from the basins have said there are โsticking pointsโ that remain in the negotiations in recent weeks that even marathon talks have failed to resolve.
“Some in the lower basin wanted some sort of guaranteed supply, irrespective of hydrologic conditions,โ Becky Mitchell, Coloradoโs top negotiator, told KUNC last week on the eve of the DC summit. โAnd I think asking people to guarantee something that cannot be guaranteed is a recipe that cannot get to success.โ
Californiaโs negotiator, J.B. Hamby, said during a recent speech that โcontinued back and forth between the basins havenโt really been moving the ball forward.โ
He welcomed potential federal intervention to help strike a deal.
โThe administrationsโฆhave this important role in sometimes knocking heads together, sometimes encouraging consensus, and having diplomatic discussions between the states to be able to move conversations forward,โ he said.
Click the link to read the article on the KJZZ webdsite (Howard Fischer). Here’s an excerpt:
February 4, 2026
Gov. Katie Hobbs said Monday that unless Upper Basin states actually offer up some firm commitments to conserve water she won’t agree to any deal for Arizona to cut its own withdrawals from the Colorado River. And that would lead to either Interior Secretary Doug Burgum imposing his own solution on the seven states that draw water from the river โ or the situation having to be hashed out in court. Only thing is, Burgum has so far refused to do more than bring the governors of the affect states together, as he did on Friday. And Terry Goddard, president of the Central Arizona Water Conservation District, which oversees the state’s Colorado River supply, said the options put forward by the Interior Department “are not palatable to Arizona or California,” one of the two other Lower Basin states.
“All Burgum’s done is set us up for litigation,” he told Capitol Media Services. “And I think that’s sad.”
Still, [Governor Hobbs] said she thinks it doesn’t necessarily have to wind up in court, even though Arizona already has set aside $3 million for litigation.
“While we didn’t leave with a lot of specifics โ the details are to be worked out through negotiation โ I think that we came away with hearing that nobody wants to end up in litigation,” Hobbs said. “We want to find a way to get to a deal.”
But Hobbs said that means recognizing that Arizona, which already has agreed to give up 27% of the water it has been getting from the Colorado River, won’t give up a drop more unless there are firm and enforceable promises that the Upper Basin states will share in the burden.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
Division engineer Craig Cotten, left, and Pat McDermott of the Colorado Division of Water Resources, deliver the state water resources report on the final day of the 2026 Southern Rocky Mountain Ag Conference. Credit: The Citizen
An unconfined aquifer that is getting โworse and worse,โ not better.
Such is the reality of the situation for the Upper Rio Grande Basin and warnings given to the San Luis Valley farming and ranching community on the final day of the 2026 Southern Rocky Mountain Ag Conference.
If youโre a praying sort, it isnโt too early in 2026 to fold your hands together toward the heavens. If not, a good wish or two would be fine as well.
The outlook is that dire. Except for the hope that a changing weather pattern from La Niรฑa to El Niรฑo at some point this year will deliver the goods and avoid even more of a collapse.
โWe do anticipate at this moment, at this date that itโs going to be a poor runoff in 2026,โ said Pat McDermott of the Colorado Division of Water Resources. It is customary for him and state division engineer Craig Cotten to provide a look back at the recent water year and a look ahead to the next spring runoff.
McDermott typically attempts a positive spin for the large audience that fills the main conference room at the Outcalt Center of the Ski Hi Complex in anticipation of the state water resources report. He did his best by pointing to a rosier outlook in the 2026 Farmerโs Almanac, the last annual edition.
It is the state, after all, that governs groundwater pumping in the San Luis Valley and has metrics Valley farmers are required to meet to stay in business. One is the recovery of the unconfined aquifer through buy-and-dry and reduced groundwater pumping strategies.
โIt just kind of gets worse and worse every year that we look at it,โ said Cotten in referencing the storage levels of the Upper Rio Grandeโs unconfined aquifer and the greater level of recovery efforts crop producers in Subdistrict 1 are facing as a result.
โUnfortunately itโs going in the wrong direction and it has been for quite some time here,โ Cotten said in referencing the latest five-year average for storage.
THE NUMBERS
Rio Grande 2025
493,000 acre-feet โ Annual index flow or 80 percent of long-term average past 30 years
125,000 acre-feet โ Obligation to New Mexico and Texas under Rio Grande Compact
Rio Grande saw an increase of 95,000 acre-feet due to October 2025 rain.
Conejos River 2025
205,000 acre-feet โ Annual index flow or 68 percent of the long-term average of 300,000 acre-feet
46,900 acre-feet โ Obligation to New Mexico and Texas
Conejos River saw an increase of 15,000 acre-feet due to October 2025 rain.
Februaryโs current conditions
Statewide snowpack: 55 percent of median
Upper Rio Grande snowpack: 48 percent of median
Warmest December on record for nine western states based on 131 years of temperature data.
Nathan Coombs and Heather Dutton, both key players in the water conservation world locally and at the state level, gave further explanation on the changing weather patterns that are impacting the basin and the amount of water available for irrigation.
Coombs pointed to the problem of overnight temperatures in the late fall and winter months, and the fact the Valley just isnโt getting the sub-zero temperatures it used to.
Look at December 2025, which saw an average daily low for the month of 11 degrees โ double digits overnight โ when the normal low for December is 0.8 degrees. January of this year had an average daily low of 4 degrees instead of the -1 that is a normal overnight low temperature for the month. It would have been higher than 4 degrees were it not for sub-zero overnight lows in 5 of the last 7 nights of January.
โWeโre not sunburning that much harder, weโre just losing the cold,โ Coombs said to his fellow farmers.
The timing of when the moisture comes is off, too. Look at the past two water years โ 2024 and 2025 โ when heavy rains in October came through and added to the total overall amount of water in the Rio Grande and Conejos River systems.
Too late to help irrigators, but good enough to help the amount of water in the Rio Grande and Conejos River, overall.
โLook at how itโs changing,โ Coombs said. โUseful water for irrigation is changing in more ways than just volumes. Weโre seeing timing change. So thatโs part of what this is. Mother Nature is playing a big role in this. Weโve got to figure that component out a little better. We donโt need to look across the fence at what our neighbors are or arenโt doing. Letโs figure out how we correct to that.โ
Rio Grande and Pecos River basins. Map credit: By Kmusser – Own work, Elevation data from SRTM, drainage basin from GTOPO [1], U.S. stream from the National Atlas [2], all other features from Vector Map., CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=11218868
With another federal deadline only weeks away and record-low snowfall further drying out the watershed, states have begun talking about whether they are prepared for litigation
Time and water are running low on the Colorado River.
Amid one of the driest winters on record, representatives from seven Western states have less than two weeks to meet an already-delayed federal deadline to find a new way to share the dwindling Colorado Riverโone that recognizes the megadrought and overconsumption plaguing the basin.
The current guidelines for implementing drought contingencies expire later this year, but as the Feb. 14 deadline looms, basin states, particularly Arizona and Colorado, have begun discussing the prospect of settling their disputes in court, suggesting that a deal is far from guaranteed. And while a meeting last week in Washington, D.C. between the Interior Department and all seven basin states brought some hope, state negotiators have again dug in their heels.
โIโll certainly own whatever failure attaches [to me for] not having a seven-state agreement,โ said Tom Buschatzke, the director of the Arizona Department of Water Resources and the stateโs lead negotiator, in a meeting among the stateโs stakeholders on Monday. โThe only real failure for me, when I look in that mirror, is if I give away the state of Arizonaโs water supply for the next several generations. That ainโt gonna happen, and I wonโt see that as failure if we canโt come to a collaborative outcome. To me, thatโs successfully protecting the state of Arizona.โ
Those who hoped for a repeat of the winter of 2022-2023, when heavy snowfall across the West temporarily and partially replenished critical reservoirs, easing pressure on negotiators, are out of luck. With 2026โs winter about halfway over, it would take record amounts of snowfall for the Colorado River basin to climb back to merely average snowpack levels, said Eric Kuhn, the retired general manager of the Colorado River District and an author on Colorado River issues.
โPeople are mobilizing for potential litigation, and the question is, is somebody gonna pull a trigger?โ Kuhn asked. โHydrology may be the driving force. It may not be human action. It may be nature that forces us into litigation.โ
The Colorado River basin spans parts of Arizona, California, Colorado, New Mexico, Nevada, Utah and Wyoming, and serves over 40 million people across the seven states, 30 tribes and Mexico. It contains dozens of watersheds, all but one of whichโthe Green River basin in Wyoming and slivers of Colorado and Utahโhave experienced below-average or well below-average precipitation since October, when the new water year begins.
A storm in mid-January, which started in the West and brought several inches of snow to eastern parts of the country, did little to alleviate the drought.
โItโs a very critical situation right now,โ Kuhn said. โThis is climate change at work.โ
Low Water, High Pressure
Low snowpack will result in less water melting into reservoirs across the basin come spring and summer. With less water stored, the Bureau of Reclamationโs options for managing the federal infrastructure along the river, including lakes Powell and Mead, the largest reservoirs in the nation, and their respective Glen Canyon and Hoover dams, will be constrained.
Loveland Pass in Summit County on Dec. 24, 2025. The lack of snow is clearly visible on the higher peaks. Photo credit: Denver Water.
The dams provide hydroelectricity for more than a million people in the Southwest, but must hold water well above the turbines that generate power. If water levels at Lake Powell dip below โminimum power poolโ for an extended period of time the agency would have to bypass the turbines, turning off the electricity they produce, and deliver water to the Lower Basin through lower outlets on Glen Canyon Dam, which could compromise the structure. At that point, the Bureau of Reclamation would have to choose between damaging the second-highest concrete-arch dam in the U.S. or reducing water releases to Arizona, California and Nevada, which would be a devastating blow to the regionโs cities and economy. Some experts have predicted that could happen as soon as next summer or sooner if this winterโs dry spell continues.
Last September, Kuhn and a consortium of other hydrologists and Colorado River experts authored a report that found that if the current winter was similar to last yearโs, Colorado River users would overdraw the river by 3.6 million acre-feet, and there would need to be โimmediate and substantialโ reductions in water use across the basin to prevent a total collapse of the system. One acre-foot is enough to supply water to two to four households.
Now, with winter looking even more dismal than initially forecast, Kuhn says the Bureau of Reclamationโs options are โfurther constrained, unless things get wetter in the next two months.โ
One option that Kuhn found likely was a big release from Flaming Gorge near the Wyoming-Utah border, the largest federally managed dam upstream of Lake Powell. He guessed the release could be anywhere from half a million to 1 million acre-feet of water.
While todayโs drought and low streamflows are a product of nearly three decades of aridification, water forecasters cannot say for sure how climate change will impact future water supplies. Under some models, precipitation remains low and consistent, but rising temperatures dry out soils across the basin, leading them to absorb more snowmelt and further reduce streamflow.
Other hotter futures could also be wetter, Kuhn said, but this would not reinvigorate the river. โWeโre expecting stream flows to continue their downward trend,โ he said.
And if that is the case, Mother Nature may be the deciding factor between a successful negotiation and litigation.
Hydrologically speaking, we are living through a winter where โthatโs a possibility,โ Kuhn said. โI think itโs gotta put a lot of pressure on the states.โ
Looming Litigation
A resolution in the courts is looking increasingly likely.
During her state of the state address on Jan. 12, Arizona Gov. Katie Hobbs said the โUpper Basin states, led by Colorado, have chosen to dig in their heels instead of acknowledging realityโ during negotiations.
The state, she said, had established a $1 million legal fund in anticipation of litigation, with a bipartisan bill introduced to add another $1 million to it. This will โkeep putting Arizona first and fight for the water we are owed,โ she said.
โAs negotiations continue, I refuse to back down.โ
Arizona Governor Katie Hobbs at signing ceremony November 19, 2024. Photo credit: ADWR
A week later, Colorado lawmakers asked Becky Mitchell, the stateโs lead negotiator, about its prospects in litigation. โWe are gonna have the best lawyer,โ she said. โWe will be ready.โ
Earlier in the week, Colorado Attorney General Phil Weiser assured state lawmakers that he is prepared to go to court and blamed the other basin for the lack of a deal.
โThe reason itโs hard to get a deal is you need two parties living in reality. And if one party is living in la la land, youโre not going to get a deal,โ he said. โIโm committed to not getting a bad deal just to get a deal.โ
The Upper Basin states of Colorado, New Mexico, Utah and Wyoming, and the Lower Basin states of Arizona, California and Nevada sounded far apart on a deal at the annual Colorado River Water Users Association conference in Las Vegas last December. Some negotiators advocated for a short-term agreement while others called for greater federal pressure.
Last week, negotiators from all seven basin states met in D.C. to try to break the impasse. After the meeting, governors Spencer Cox, of Utah, and Mark Gordon, of Wyoming, said in a joint statement that โall acknowledged that a mutual agreement is preferable to prolonged litigation,โ and both felt encouraged by the results of the meeting.
In a separate statement, Arizona Gov. Hobbs said she was also encouraged, and that the states โreaffirmed our joint commitment to protecting the river.โ Arizona has been and remains willing to continue bringing solutions, she added, โso long as every state recognizes our shared responsibility.โ
Earlier this month, the federal government released aย range of alternativesoutlining how it would manage the system if no deal is reached by Feb. 14. If that deadline passes without an agreement, the political and environmental situation across the basin may become as grim as the snowpack.ย
Arizona officials have said any of the federal governmentโs proposals would likely lead them to pursue litigation and that the Bureau of Reclamationโs draft Environmental Impact Statement puts all the risk of the riverโs decline on the Lower Basin and does not comply with the bedrock law of the river. Under the outlined federal proposals, the vast majority of the cuts would affect Arizona, which relies heavily on the river for water but holds junior rights, often making it the first to face significant reductions. The state has already had a third of its water rights to the river cut.
โThe entire weight of the river cannot fall on Arizonans, the Valley [Phoenix] and the Tucson metro areas,โ said Brenda Burman, general manager of Central Arizona Project, the entity delivering Arizonaโs Colorado River water, at a press conference Monday. โThatโs not acceptable. We, as water managers โฆ we will make sure that there is water flowing.โ
The structural deficit refers to the consumption by Lower Basin states of more water than enters Lake Mead each year. The deficit, which includes losses from evaporation, is estimated at 1.2 million acre-feet a year. (Image: Central Arizona Project circa 2019)
The Lower Basin has volunteered to cut 1.5 million acre-feet, the amount of water lost to transpiration and evaporation in a year, and asked that the Upper Basin share in cuts after that amount. The Upper Basin, which has never used the full amount it is entitled to on paper, has proposed making only voluntary cuts to its use.
Sarah Porter, director of the Kyl Center for Water Policy at Arizona State University, said sheโs felt litigation is increasingly likely since the basin states missed their initial federal deadline in the fall and their negotiations began to deteriorate.
โI believe that everybody has kind of stared it down and concluded that litigation isnโt such a horrible idea that it needs to be avoided,โ she said.
As a former litigator, Porter said the threat of legal action may force both sides to develop their arguments along with facts and data supporting them, which could provide the clarity needed for a settlement. But a lawsuit would extend the uncertainty surrounding the regionโs water supply, Porter said, affecting the planning of cities, tribes and farmers waiting for new guidelines.
Litigation would likely focus on one of the most crucial sections in the 1922 Colorado River Compact: Article III(d).
Under this part of the agreement, the Upper Basin โwill not cause the flow of the river at Leeโs Ferry,โ a point just south of Glen Canyon dam, โto be depleted below an aggregate of 75,000,000 acre-feet for any period of ten consecutive years.โ Should the average flow at Leeโs Ferry fall below an average of 7.5 million acre-feet, which is a possibility given current hydrological conditions, the Lower Basin could sue the Upper Basin for failing to uphold this part of the compact.
โHigh-Stakes Pokerโ
Any lawsuit would be risky.
โThat language has never been interpreted by a court,โ said Anne Castle, a senior fellow at the Getches-Wilkinson Center at the University of Colorado and a former assistant secretary for Water and Science at the Interior Department. โThis is high-stakes poker for both basins.โ
The Lower Basin would presumably argue that Article III(d) means the Upper Basin has an obligation to deliver water, so it would have to adjust its consumption to ensure the Lower Basin receives 7.5 million acre-feet annually.
But the Upper Basin could counter that Article III(d) only prohibits it from overconsuming the river and leaving less than 7.5 million acre-feet at Leeโs Ferry, and climate change is actually responsible for the meager flows. In that case, they would bear no obligation under the compact to make cuts.
Porter said the Upper Basinโs interpretation flies in the face of history. The whole reason the compact exists was the fear California would take all of the riverโs water at the time, she said, because thatโs where the growth was.
โIt is silly to think that California would agree to a deal with the Upper Basin that said they have no responsibility to leave water for California,โ she said.
For decades, the Upper Basin cited its delivery obligation to California, Arizona and Nevada to justify building a series of dams and reservoirs above Lake Powell, Porter said.
โThereโs a huge amount of evidence that the Upper Basin states โฆ needed those reservoirs upstream because they had an obligation to deliver water to the Lower Basin,โ she said.
Even if Congress originally authorized Upper Basin reservoirs to help satisfy provisions in the compact, โthat doesnโt tell us what those obligations actually are,โ Castle said. โFixed number obligations donโt work with a changing climate that is causing shrinking flows.โ
Not every state is eager to initiate litigation. Wyoming Senior Assistant Attorney General Chris Brown appeared before state lawmakers in January and warned of the pitfalls of letting Congress or the Supreme Court dictate what happens on the river.
Still, โas a headwater state, Wyoming has a long history of zealously defending its rights to use interstate waters, and the rights of its water users,โ Brown said in an email. โThe Colorado River is no different.โ
Tina Shields, water manager for the Imperial Irrigation District, which is Californiaโs biggest and most senior water rights holder, said in a statement that the state continues to work on finding a consensus agreement among all the states that depend on the Colorado River, but could not comment on the status of those negotiations.
โThe Colorado River hydrology is unlikely to wait for a court decision, so any speculation about litigation is premature,โ she said.
Although Arizonaโs Lower Basin counterparts have not touted litigation as an option, Buschatzke said he is confident they will support the state, as compliance with Article III(d) affects them too, though less severely.
And the states may not be the only entities to sue. Under a 2004 water settlement, the Gila River Indian Community receives 653,000 acre-feet of Colorado River water a year, a significant allocation. But getting that water depends on the Central Arizona Project (CAP) not getting its water allotment cut.
Any unilateral action by the Department of the Interior to reduce that flow โwould, in our view, constitute a blatant violation of the United States trust responsibility to protect our CAP water as established by Congress under the Arizona Water Settlement Act,โ said Gila River Indian Community Gov. Stephen Roe Lewis at the Arizona meeting of water stakeholders.
While litigation may clear up some of the murkier language in the compact, Castle wasnโt sure that it is the best way forward for the riverโs stakeholdersโparticularly since these kinds of disputes can take years to resolve.
โWe might get answers to a few questions after years,โ she said, โbut we have a river to operate in the meantime.โ
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
Carly Jerla speaking at the Colorado River Water User’s Association Conference December 5, 2024. Photo credit: USBR
From email from Brian McNeece:
January 27, 2026
Colorado River negotiations have bogged down, but dozens of experts at the Bureau of Reclamation (BOR) have been streaming right along. On Jan. 14, the BOR released its draft Environmental Impact Statement (EIS), which is bureaucratese for a report on options for the negotiators after the current rules expire this year.
Itโs a bit complicated. The report includes a modeling of 1,200 possible future scenarios for the entire Colorado River system and runs 1,600 pages. Just the Executive Summary is 66 pages. The theme of this massive undertaking is deep uncertainty. In fact, that is the name of the modeling process: Decision Making Under Deep Uncertainty.
Whatโs uncertain? Well, in a word: the weather. And not just the weather, but also population growth and water use patterns. Most scientists agree that climate change includes aridification, or a general drying of the Colorado River basin, but itโs impossible to quantify reliably. Thus the 1,200 futures.
This massive report took two and a half years to compile with the help of around 150 people with expertise in everything from hydrology to chemical engineering to wildlife management to socioeconomics to anthropology to law. Browsing through it, I marveled at the depth of analysis and the advanced computational and mathematical tools brought to bear on a question, which at the end of the river, is a political one. I thought, does anyone understand all of it? But when I looked at the top of the list of preparers, I realized that yes, someone does.
And that is Carly Jerla. Sheโs the Senior Water Resources Program Manager for the Bureau of Reclamation. Ms. Jerla was hired by the BOR in 2005 as a graduate student at the University of Coloradoโs Center for Advanced Decision Support for Water and Environmental Systems. She is trained in civil and environmental engineering and public policy. Twenty years on, sheโs the boss of this effort.
Iโve watched Ms. Jerla in action at several of the recent Colorado River Water Users Association (CRWUA) conferences in Las Vegas. A petite woman, Carly has a disarmingly low, warm voice. Speaking to a crowd of 1,700 people, she talks as if sheโs having an over-the-fence conversation with a neighbor. But as the overlays of data stacked up on her slides, I could sense her losing the audience. It was just too much.
We saw a draft of the current report in 2024. Since then, it has grown massively, but the same dilemma exists and can actually be summed up simply. In re-writing the rules for how the water of the river gets divvied up, they need to decide what triggers shortage conditions, how much cuts each contractor must take under those conditions, and where shortages are measured. In the past, Lake Mead and Lake Powell had separate conditions, and the reservoirs above Lake Powell were not in play. Ms. Jerlaโs report emphasizes that the entire system should be considered in the rules, not just the two giant reservoirs.
There are currently five major alternatives being proposed. This first one, called the No-Action Alternative, is also the no-go alternative, since it returns us to the world prior to the 2007 guidelines for shortages. The No-Action Alternative would drain the reservoirs. So negotiators must choose one of the other four alternatives. All of them make heavy cuts, either based on prior appropriation (i.e. the Law of the River) or pro rata (i.e. proportional cuts for everyone).
Is there a Goldilocks alternative among the other four? One that splits the difference between the historical, asymmetrical Law of the River and the fairness in a pro rata plan? No, there isnโt. Thatโs why weโre stuck.
Thereโs one future scenario that is completely omitted from the alternatives. Coloradoโs negotiator Becky Mitchell has repeatedly called for the Upper Basin states to get MORE water. She points out that the Colorado River Compact of 1922 allocated the Upper Basin the same amount allocated to the Lower Basin states โ 7.5 million acre feet. But thatโs 3 million more acre-feet than the Upper Basin has ever drawn from the system.
None of the five alternatives, and apparently not one of Carly Jerlaโs 1,200 possible futures, includes that premise. So if the Upper Basin negotiators are staking their claim on the river to include more water for them, they are way off the mark. Their next best hope is to take no cuts, but that option wonโt float in the Lower Basin.
Trying to make a decision under Deep Uncertainty is tough, tough work. Carly Jerla and her team have laid out the buffet for the representatives from the states along the Colorado River. Time to pick from the menu.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
โKen Neubecker, a long-time Colorado River observer affiliated with environmental groups, said mandatory cuts to Colorado River water use would require an amendment to Coloradoโs state constitution and likely those of other upper-basin states. Coloradoโs constitution has beenโฆ https://t.co/qwkPJDPF7G
Click the link to read the article on the Big Pivots website (Allen Best):
February 2, 2026
Snowpack realities must be recognized by all seven Colorado River Basin states, says Becky Mitchell, Coloradoโs chief negotiator
Becky Mitchell was particularly busy during the last week of January. On Wednesday, Jan. 28, she opened the annual Colorado Water Congress conference with a 1,100-word speech (the prepared remarks are below) that reiterated Coloradoโs position in the stalemated Colorado River discussions.
Lower-basin states, said Mitchell, Coloradoโs chief negotiator in Colorado River affairs, must fully come to terms with the changed realities on the Colorado River. โThis means releases from Lake Powell must reflect actual inflows, not political pressure,โ she said. โIf reductions arenโt real, reservoirs wonโt recover.โ
The next day, Mitchell was in Washington D.C. along with Colorado Gov. Jared Polis and the governors of five of the six other basin states. California Gov. Gavin Newsom, who cited pre-existing family commitments, was the only governor absent.
The New York Times on Saturday reported that the governors achieved โno breakthrough โ and whether they made progress was unclear.โ Mitchell was quoted in that story saying upper basin states โcannot and will not impose mandatory reductions on our water rights holders to send water downstream.โ
In other words, as she had said Colorado water users must live with the hydrologic realities, including this one of almost no snow. Colorado does not have the giant reservoirs of Powell and Mead upstream.
Others, including Eric Kuhn, the former general manager of the Glenwood Springs-based Colorado River Water Conservation District, have urged a new model based on proportionate cutbacks, not absolute numbers. See: โDancing With Deadpool on the Colorado River,โ Big Pivots. Dec. 12, 2025.
That is how the four upper-basin states among themselves apportioned their share of the river flows in their 1948 compact. The 1922 compact used absolute numbers, i.e. 7.5 million acre-feet for each basin.
The Colorado River Compact of 1922 among the seven basin states uses some language that can be interpreted very differently about delivery obligations. That is a long, involved story โ that may eventually be decided by the Supreme Court.
The Arizona Daily Star, however, reported a nuance of possible importance in statements made by Mitchell and Polis afterward. Mitchell emphasized โvoluntaryโ conservation in the upper basin, while Polis said Colorado remained โcommitted to working collaboratively to find solutions that protect water for our state, while supporting the vitality of the Colorado River and everyone who depends on it.โ
An Arizona source told the Daily Starโs Tony Davis that some Upper Basin governors appeared open to possible mandatory, as opposed to voluntary, conservation measures. โI think the other Upper Basin states expressed a willingness to put water on the table in a way that Colorado has not,โ said the source, who asked for anonymity to protect continued participation in interstate river discussions.
But again, Colorado insists that it already has mandatory cutbacks โ the ones imposed by Mother Nature. Using the prior appropriation doctrine to sort out priorities, Colorado restricts uses even in the more water-plentiful years. This year, the most โjunior usersโ will most definitely not get water.
The black line in this chart represents snow-water equivalent in Coloradoโs snowpack as of Feb. 1 relative to 1991-2020, a time frame of which about two-thirds consisted of drought and aridification. The map below shows the snow-water equivalent as of Jan. 31 by basin.ย ย More can be found at the Natural REsources Conservation Service.
Amy Ostdiek, the Colorado Water Conservation Boardโs chief for interstate, federal, and water information, made that point in remarks at the Water Congress the day after Mitchellโs speech.
โThese reductions in the upper basin are mandatory. Theyโre uncompensated. Theyโre the job of each state engineerโs office to go out and shut off water rights holders when that water isnโt available. And what that means in practice is that many years you have pre-compact water rights dating back to the 1800s getting shut off.โ
The complications of mandatory reduction of water uses also came up in a session with state legislators at the Water Congress.
Ken Neubecker, a long-time Colorado River observer affiliated with environmental groups, said mandatory cuts to Colorado River water use would require an amendment to Coloradoโs state constitution and likely those of other upper-basin states.
Coloradoโs constitution has been amended repeatedly since 1876, when Colorado achieved statehood, but the provision setting forth prior appropriation has not been touched.
โI donโt think you will get an amendment that will give the state any kind of authority to enact mandatory cutbacks beyond existing administrative cutbacks,โ said Neubecker. โThatโs just not in the cards.โ
The upper-basin states also differ fundamentally with lower-basin states in that the lower basin states have just a few giant diversions, such as the Central Arizona Project and the Imperial Valley. The headwaters states have thousands of legal diverters. That also makes application of mandatory diversions more difficult.
These facts would together make mandatory costs a legal and logistical nightmare to administer.
The states have a deadline imposed by the federal government, as operator of the dams, to agree how to share a shrinking river.
Later this year, Mother Nature may impose an even harsher deadline if current thin snowpack continues to prevail. The statewide snowpack was 58% of averageย as of late Januaryย when the Water Congress conference was getting underway.
One barometer, if imperfect, of the snowpack is the snowpack on Vail Mountain. On Jan. 15, the Vail Dailyโs John LaConte reported that the Snotel measuring site at the ski area showed the worst snowpack reading in 44 years of measurements.
The opening of Vailโs Back Bowls also testifies to dryness of the Colorado River headwaters. As recently as 2012, a notoriously dry year, that south-facing ski terrain was not opened until Jan. 19, according to David Williams of the Vail Daily. On Jan. 26, he reported another foot of snow was necessary to open it.
In June 2023, Polis appointed Mitchellto her current position, as Coloradoโs first full-time commissioner to the Upper Colorado River Commission. She had previously overseen the Colorado Water Conservation Board.
โMitchell will now navigate the deep challenges of the Colorado River in this upgraded position, supported by an interdisciplinary team within the Department of Natural Resources and support from the Colorado Attorney Generalโs Office,โ said the announcement.
โThe next few years are going to be incredibly intense as we shift the way that the seven basin states cooperate and operate Lakes Powell and Mead,โ Mitchell said in that 2023 announcement. โClimate change coupled with Lower Basin overuse have changed the dynamic on the Colorado River and we have no choice but to do things differently than we have before.โ
Colorado River “Beginnings”. Photo: Brent Gardner-Smith/Aspen Journalism
Click the link to read the article on the Summit Daily website (Ali Longwell). Here’s an excerpt:
January 27, 2026
As Colorado continues to negotiate with the seven Colorado River basin states on the post-2026 operations of Lake Powell and Lake Mead, the stateโs attorney general and lead negotiator are ready for a legal battle if the states continue to clash.
โIf it comes to a fight, we will be ready,โ said Becky Mitchell, the Colorado River commissioner, who represents the state on the Upper Colorado River Commission, at the Jan. 23 SMART Act hearing for the Colorado Department of Natural Resources, where the agency provided its annual update on priorities and programs to lawmakers.
After two years of back and forth, Colorado River basin states remain deadlocked, unable to agree on the guidelines for how Lake Powell and Lake Mead should operate beyond 2026. The operations of these two critical reservoirs have widespread implications for the approximately 40 million people, seven states, two counties and 30 tribal nations that rely on the river…In Colorado, the Colorado River and its tributaries provide water to around 60% of the stateโs population.ย
โWe developed priorities that continue to serve as my north star as we negotiate these post-2026 operational guidelines,โ Mitchell said. โThe most important of these priorities is to protect Colorado water users. This means that our already struggling water users and reservoirs cannot be used to solve the problem of overuse in the lower basin.โย
[…]
Despite disagreements over how the reservoirs should operate in an uncertain future, reaching a consensus between the seven Colorado River basin states remains the objective for all involved, but time is ticking.ย The U.S. Bureau of Reclamation โ which manages Lake Powell and Lake Mead โ has given the states until Feb. 14 to reach an agreement before the federal agency steps in and makes the decision itself.ย Mitchell told lawmakers that she was still โoptimisticโ about reaching a consensus by the deadline, adding that she will โsit in the room with the full intent to negotiate,โ as long as there are โwilling parties.โย
โFolks should start worrying when Iโm no longer in the room,โ she said. โI will, 100%, be focused on a deal until thereโs not a deal to be had.โ
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
Click the link to read the article on the Tucson.com website (Tony Davis). Here’s an excerpt:
January 31, 2026
Arizona Gov. Katie Hobbs and leaders of the six otherย Western states that rely on the Colorado Riverย ended a Friday meeting in Washington, D.C. with no deal to endย a stalemate over rights to the river’s dwindling water supply. Hobbs indicated that progress was made thanks to newfound flexibility from upstream states over their willingness to make commitments to cut some of their river water use, as the Lower Basin states, including Arizona, have already done. But Colorado officials all but directly contradicted Hobbs’ comments, saying they and Upper Colorado River Basin states were sticking to their position opposing any mandatory water use cuts on their part. The meeting was hosted by U.S. Interior Secretary Doug Burgum…
โI was encouraged to hear Upper Basin governors express a willingness to turn water conservation programs into firm commitments of water savings,โ [Katie] Hobbs posted on social media after the two-hour meeting. “Arizona has been and will continue to be at the table offering solutions to the long-term protection of the river so long as every state recognizes our shared responsibility…
Mitchell said, “Colorado is committed to being part of the solution, and with our Upper Basin partners, we have offered every tool available to us. This includes making releases from our upstream reservoirs and establishing a contribution program as part of a consensus agreement. However, any contributions must be voluntary, and we have real ideas and plans to achieve the goals…”As several upper basin governors clearly stated at the meeting, we cannot and will not impose mandatory reductions on our water rights holders to send water downstream,” she wrote. “Our water users are already facing uncompensated reductions through state regulation. In many cases, these reductions impact 1880s water rights that predate the (Colorado River) Compact. Any contribution program must recognize our hydrologic realities: we simply cannot conserve water that we do not get to begin with.โ
[…]
Mitchell spoke in even stronger terms earlier in the week at a public talk she gave in Aurora, a suburb of Denver. She spoke at the annual meeting of the Colorado Water Conference, a professional association that advocates for policies and laws that protect the stateโs waters.
โFor more than a century, we built a system on optimism and entitlement. We planned for abundance, labeled it normal, wrote it in the law, and when the water showed up, we spent it,โ Mitchell told the gathering, in remarks reported by the Colorado Sun news website. โWhen it didnโt, we blamed the weather, climate change or each other. Anything but the simple math.โ
The seven states need to tie reservoir releases more closely to the actual amount of water coming in, Mitchell said in an interview after the speech. That was a nonnegotiable for the Friday meeting, she said. Overuse by the Lower Basin is draining the system, Colorado officials say.
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2025. Note the tiny points on the annual data so that you can flyspeck the individual years. Credit: Brad Udall
With the deadline to reach a water usage agreement looming, leaders from the seven Colorado River Basin states expressed cautious optimism that their โhistoricโ meeting in Washington, D.C., will spur the compromise needed to reach a consensus.
U.S. Secretary of the Interior Doug Burgum called the meeting at the request of Arizona Gov. Katie Hobbs, after the states blew past a Nov. 11 deadline to reach an agreement. The new Feb. 14 deadline was set by the Bureau of Reclamation, which manages water in the West under the Interior Department.
Arizona stands to see the largest cuts if the states canโt reach an agreement, because its Central Arizona Project is one of the newest users of the river water, making it legally one of the first to be cut.
The Colorado River is a vital source of drinking water for 40 million people in the seven basin states, Mexico and 30 Native American tribes, and provides water for farming operations and hydroelectricity.
One of the biggest disagreements between the Lower Basin states โ Arizona, Nevada and California โ and Upper Basin states โ Colorado, New Mexico, Utah, and Wyoming โ is over which faction should have to cut back on their water use, and by how much.
โThis is one of the toughest challenges facing the West, but the Department remains hopeful that, by working together, the seven basin governors can help deliver a durable path forward,โ Burgum, the former governor of North Dakota, said in a statement. โLooking at this as a former governor, the responsibility each of them carries to meet the needs of their constituents cannot be understated, and we are committed to partnering with them to reach consensus.โ
The meeting in the nationโs capital lasted more than two hours, Christian Slater, a spokesman for Hobbs, told the Arizona Mirror. The governors of all of the basin states attended the meeting, except for Gov. Gavin Newsom of California, who had a prior family commitment and sent California Natural Resources Secretary Wade Crowfoot in his place.
โItโs actually a pretty historic meeting, and I donโt use those words lightly,โ John Entsminger, Nevadaโs Colorado River negotiator, said. โIโve been working on the river for more than 25 years, and Iโve never seen that many governors and a cabinet secretary in one room talking about the importance of the Colorado River.โ
โI was encouraged to hear Upper Basin governors express a willingness to turn water conservation programs into firm commitments of water savings,โ Hobbs wrote. โArizona has been and will continue to be at the table offering solutions to the long-term protection of the river so long as every state recognizes our shared responsibility.โ
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2025. Note the tiny points on the annual data so that you can flyspeck the individual years. Credit: Brad Udall
Reaching a water usage agreement is vital to the basin states because the Colorado Riverโs water supply has been in decline for around 25 years due to a persistent drought spurred on by climate change. The decline is expected to continue into the future.
Water levels in the two major reservoirs on the river, Lake Mead and Lake Powell, have also been in decline for the last quarter century.
โOne thing is certain: Weโll have less water moving forward, not more,โ New Mexico Gov. Michelle Lujan Grisham said in a statement. โSo, we need to figure this out. There isโฏstill a lot of work ahead to get to an agreement, but everyone wants an agreement, and weโll work together to create a pathway forward.โ
Lower Basin states want all seven states to share mandatory water cuts during dry years under the new guidelines. But the Upper Basin, which is not subject to mandatory cuts under the current guidelines, argue that they already use much less water than downstream states and should not face additional cuts during shortages.
State negotiators for both the Upper and Lower Basin have said they would prefer a seven-state agreement over alternative river management options proposed by the federal government.
Tom Buschatzke, director of the Arizona Department of Water Resources, told reporters last week that the Grand Canyon State does not like the options proposed by the federal government as they place almost the entire burden for cuts on Lower Basin states.
The Colorado River Compact dates back to 1922, when the seven states made their initial agreement, allocating 7.5 million acre-feet of water each year to be shared by the Upper Basin states and another 7.5 million to be used among the Lower Basin states.
In 2025, for the fifth year in a row, the federal government imposed water allocation cuts on the Colorado River due to the ongoing drought and Arizonaโs cut amounts to a loss of 512,000 acre-feet of water for the year.
โTodayโs discussion was productive and reflected the seriousness this moment requires,โ Colorado Gov. Jared Polis said in a statement. โSince 2022, Colorado and the Upper Basin states have shown up to the negotiating table ready to have hard conversations. We have offered sacrifices to ensure the long-term viability of the Colorado River and we remain committed to working collaboratively to find solutions that protect water for our state, while supporting the vitality of the Colorado River and everyone who depends on it.โ
Complicating matters this year is scant snowpack in the Rocky Mountains. Small snowpack means very little runoff, the source for almost all of Coloradoโs water.
The Lower Basin states have undertaken significant conservation efforts for Colorado River water since 2014 and have reduced their consumption from 7.4 million acre-feet in 2015 to just over 6 million in 2024.
The Upper Basin states have increased their usage in the past five years, from 3.9 million acre-feet in 2021 to 4.4 million in 2024.
Buschatzke, who attended the meeting in D.C. on Friday alongside Hobbs, has remained insistent that itโs time for the Upper Basin states to do their part. Hobbsโ statement indicated that the states had made some progress toward that.
If the states canโt reach an agreement and are forced to take one of the federal governmentโs proposals, it will likely lead to litigation โ something that the states agree they would prefer to avoid.
โWe all have to keep working together,โ Entsminger said. โWe have to find a compromise, and we have to find a way that the states stay in control of this process and donโt turn it over to the courts.โ
Last year, Arizona put a total of $3 million to its Colorado River legal defense fund, and Gov. Katie Hobbsโ proposed budget for this year would put another $1 million toward that fund.
Entsminger said that he thinks the meeting improved the chances of the states meeting the Feb. 14 deadline.
โWhether we have a final deal on February 14 or not, weโre still going to have to keep working,โ he said. โThatโs not to say I donโt think weโll meet the deadline, but I do think we keep working until we have a deal, regardless of what day in the future that occurs.โ
Jeniffer Solis of the Nevada Current contributed to this report.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
Rebecca Mitchell, John Entsminger, Estevan Lopez, Gene Shawcroft, JB Hamby, Tom Buschatzke at the Getches-Wilkinson Center/Water and Tribes Initiative Conference June 6, 2024. Photo credit: Rebecca Mitchell
Click the link to read the remarks on the Coyote Gulch website. Thanks to Michael Elizabeth Sakas for sending them in email:
January 28, 2026
Fellow Coloradans,
First I want to thank Christine Arbogast and the Colorado Water Congress for allowing me to speak today. I will be brief as Amy Ostdiek will be on a panel tomorrow giving a bit more detail of the status of the negotiations. I will be heading to Washington DC with my fellow commissioners to have more discussions.
Letโs start with a truth that somehow still feels radical:
The Colorado River is not broken.
We are.
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2025. Note the tiny points on the annual data so that you can flyspeck the individual years. Credit: Brad Udall
The river is doing exactly what rivers do when you take too much from them for too long. It is responding to reality. And right now, for many, reality is inconvenient.
For more than a century, we built a system of optimism and entitlement. We planned for abundance, labeled it โnormal,โ and wrote it into law. When the water showed up, we spent it. When it didnโt, we blamed the weather, climate change, or each otherโanything except the simple math.
The river never signed those agreements. And it is not interested in our love story with the past.
Lake Powell and Lake Mead were supposed to protect the system. Instead, we turned them into shock absorbers for delay.ย We wanted them to be savings accounts, when in reality we treated them like credit cardsโuse now, pay later.
Well, interest has accrued and the bill has arrived. Both reservoirs are in a treacherous situation.
The Colorado River fills Glen Canyon, forming Lake Powell, the nationโs second-largest reservoir. The reservoir could drop to a new record low in 2026 if conditions remain dry in the Southwestern watershed. (Alexander Heilner/The Water Desk with aerial support from LightHawk)
Lake Powell was never meant to be drained so that hard decisions could be postponed downstream. It was designed to stabilize the system, to smooth out highs and lows; not to prop up demand that no longer matches supply. Year after year, Powell has been drawn down to protect uses elsewhereโeven as inflows decline and the margin for error disappears.
Hoover Dam at low water. Jonathan P. Thompson photo.
Lake Mead tells the same story from the other end. Despite conservation programs, pilot projects, and voluntary agreements, Mead keeps dropping. Not because we lack creativityโbut because we are still taking more water out of the system than the river is putting in.
Reservoirs donโt lie.They are the silent accountants of what we actuallydo, not what we say weโre doing.
Here in Colorado, when the river runs low, the impacts are immediate. We donโt have a giant reservoir upstream to hide behind. Shortages here are hydrologic. They are real. Farmers fallow fields. Municipalities restrict use. Communities adaptโnot next year, not after another study or more modeling, but now. These impacts should be the indicator of the level of action that is needed across the entire Basin.
That lived experience mattersโespecially as we head into a post-2026 world.
Post-2026 is not just another chapter in the Law of the River, it is a reckoning.
The Interim Guidelines were written for a different riverโ-a river of the past. The drought contingency plans were emergency patchesโnot as a permanent fix but to buy time at a cost of more than a billion dollars until the next deal. We all know now those bandaids donโt fix holes in reservoirs. And the idea that we can simplyย extendย these frameworks or merely modify them โwhile Powell and Mead hover near critical elevationsโis not leadership. Itโs hope, not based on reality or experience, but avoidance.
In the post-2026 world, operations must be supply-based. Not demand-based. Not entitlement -justified. And not built on the hope that the next big year will save us. The harm will be irreversible because the Colorado River is NOT TO BIG TO FAIL.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
Right now, the Basin States have a chance to prevent further irreversible damage and try to avoid bankruptcy. But that will only be possible if we all work together and see the stark reality of our present circumstances with clear eyes. We must build a framework that recognizes and adapts to the math problemโsupplies that regularly give us all less than our full rights and entitlements, that improves efficiencies for water intensive sectors, allows us flexibilities to help our neighbors when we can, and requires full transparency for measurement, monitoring, and accounting across the Colorado River System to build trust between us. Trust is difficult to rebuild when some donโt acknowledge or adhere to the agreements already made.
That means releases from Lake Powell must reflect actual inflows, notpolitical pressure.
It means protecting critical elevations is not optional.
And it means Lake Mead cannot continue to serve as a pressure valve for overuse.
We cannot manage scarcity with delay.
We cannot store our way out of imbalance with water that isnโt there-that may never be there.
And we cannot negotiate with the simple arithmetic, no matter how many times we tell ourselves it will be different this time.
As sparks fly in the interstate negotiations, it is important to keep these realities in mind despite the rhetoric that attempts to distract.
Colorado is often told to โcome to the table,โ as if weโve been absent. But weโve been here the entire timeโbringing hydrology, realism, and a simple message:ย if reductions arenโt real, reservoirs wonโt recover. It is telling that what some refer to as an extreme negotiating position is based solely on the simple facts of hydrologyโusing more than the supply will bankruptthe entire system for everyone. How does the saying go? Doing the same thing over and over again and expecting a different result is the definition of insanity.
We are not asking for special treatment. We are not asking for a pass on doing our part to help save the system from collapse. We are asking for honesty. For reductions from both basins that are measurable, enforceable, and in proportion to useโnot in proportion to who can avoid the truth the longest.
Because if we donโt choose how to live within the riverโs limits, the river will choose for us. And it will not be gentle.
This is not a call for conflict.
Itโs a call to face the reality of this unprecedented situation and come together to manage the River with wise and mature decision-making.
Lake Powell and Lake Mead are no longer warnings. They are verdicts. They are telling usโclearly and without spinโthat the era of surplus,overuse, of clever deals is over.
The question facing all of us post-2026 is simple:
Do we align the rules with the river we actually haveโor keep clinging to a past that no longer exists?
So as I head East I take you with me, because I know you all are doing the real work back on the home front. This year’s current hydrology demands it. I know Coloradans will be prepared, like they always have been. Fields will be fallowed, municipalities will be preparing to manage within their resources, deals will be made to protect fish and flows. Junior priority water users know that years like this one will call for collaboration and innovation, senior priority water users will work within the law and with those that are suffering, you will help each other pay the bill from Mother Nature because you know we all rise and fall together.
You all are here doing the real and hard work, and I will take that with me.Coloradans should be proud that we are choosing reality over fantasy, science over slogans, and responsibility over delay.
That is not weakness.
Thatโs leadership.
Colorado River “Beginnings”. Photo: Brent Gardner-Smith/Aspen Journalism
Water policymakers from (left to right) Utah, New Mexico, Colorado and Wyoming speak on a panel at the Colorado River Water Users Association conference in Las Vegas on December 5, 2024. State leaders are deeply divided on how to share the shrinking water supply, and made little progress to bridge that divide at the annual meetings. Photo credit: Alex Hager/KUNC
Click the link to read the article on the KUNC website (Scott Franz):
January 29, 2026
This story is part of ongoing coverage of the Colorado River, produced by KUNC in Colorado and supported by the Walton Family Foundation. KUNC is solely responsible for its editorial coverage.
Governors in the Colorado River basin and their negotiators are meeting with Interior Secretary Doug Burgum in Washington on Friday to try and break a yearslong impasse among states over how to share the dwindling waterway.
On the eve of the high-stakes summit, negotiators from both the upper and lower river basins are not sounding confident they can reach an agreement before a fast-approaching Feb. 14 deadline.
โIt depends on the day that you ask me,โ Coloradoโs negotiator, Becky Mitchell, said Tuesday when asked by KUNC News if she thinks the states are heading toward a court battle. โBut I will tell you the level of commitment that we have, both within Colorado and the upper basin, is strong to try to find some way to make a deal. Thereโs some things that we can’t give on.โ
Mitchell said negotiators are continuing to talk at least twice each week.
But leaders from the upper and lower basin states say they still have sticking points.
They continue to differ on how water cuts should be handled and how releases from Lake Powell should be managed during dry years.
“Some in the lower basin wanted some sort of guaranteed supply, irrespective of hydrologic conditions,โ Mitchell said. โAnd I think asking people to guarantee something that cannot be guaranteed is a recipe that cannot get to success.โ
The lower basin states of California, Arizona and Nevada are proposing to cut 1.5 million acre feet of their water use. Theyโre also asking for water restrictions to be mandatory and shared among all seven states.
Negotiators from the different basins spoke at public events on Wednesday to set the stage for the summit in Washington.
โItโs tough to say I’m looking forward to it, because that would be a lie,โ Mitchell told a large crowd Wednesday at a water conference in Aurora.
Her speech was fiery at times.
Colorado River negotiator Becky Mitchell speaks to the Colorado Water Congress convention in Aurora on Jan. 28, 2026. Scott Franz/KUNC
โOperations must be supply based, not demand based, not entitlement justified, and not built on a hope that the next big year will save us,โ she said. โThat harm will be irreversible, because the Colorado River is not too big to fail.โ
As Mitchell was addressing the water conference in a hotel ballroom, Californiaโs water negotiator, J.B. Hamby, was talking to roughly 600 people on a webinar about his take on the state of negotiations.
He largely focused on his desire to still find a compromise among the seven states in the river basin.
โIt’s better to be able to work something out across the negotiating table, to do something that makes sense and protects our users and people and agriculture in our state, and as a result of that, getting a seven-state agreement that protects those interests,” he said.
Hamby said the federal government is โleaning inโ and becoming more involved in the negotiations by offering potential options.
Hamby called the feds’ ideas helpful.
โContinued back and forth between the basins havenโt really been moving the ball forward,โ he said. โThe administrationsโฆhave this important role in sometimes knocking heads together, sometimes encouraging consensus, and having diplomatic discussions between the states to be able to move conversations forward.โ
โItโs going to take everyone chipping in and making the necessary (water) reductions to balance the supply with the demand we have moving forward,โ Hamby said.
Members of the Colorado River Commission, in Santa Fe in 1922, after signing the Colorado River Compact. From left, W. S. Norviel (Arizona), Delph E. Carpenter (Colorado), Herbert Hoover (Secretary of Commerce and Chairman of Commission), R. E. Caldwell (Utah), Clarence C. Stetson (Executive Secretary of Commission), Stephen B. Davis, Jr. (New Mexico), Frank C. Emerson (Wyoming), W. F. McClure (California), and James G. Scrugham (Nevada) CREDIT: COLORADO STATE UNIVERSITY WATER RESOURCES ARCHIVE via Aspen Journalism
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2025. Note the tiny points on the annual data so that you can flyspeck the individual years. Credit: Brad Udall
Click the link to read the report on the Center for Colorado River Studies website (Kathryn Sorensen1, Sarah Porter2, Anne Castle3, John Fleck4, Eric Kuhn5, JackSchmidt6, Katherine Tara7). Here’s the executive summary and recommendations:
January 2026
As Colorado River supplies and demands reach razor-thin margins, new tools to provide adaptive capacity will play a critical role in sustaining communities across the West. We mustย reduce our consumption of water, while finding ways to cushion the impact. One of the most innovative tools for doing this, developed over the last two decades, is โAssigned Waterโ – giving users the ability to store conserved water earmarked for their own future use.
Originally developed as โIntentionally Created Surplusโ in the 2007 Colorado River Interim Guidelines, Assigned Water has been revised and expanded through U.S.-Mexico Treaty Minutes and as part of the 2019 Drought Contingency Plan. While conceptually simple and demonstrably valuable – a savings bank for conserved water – it is crucial to get the policy tools right as Colorado River management rules evolve.
For agencies granted access to the tool, Assigned Water provides important adaptive capacity to prepare for and manage shortfalls on a volatile river with shrinking supplies. But nearly two decades of operational experience also have exposed unintended consequences. With Assigned Water likely to play a critical role in basin management going forward – including its potential expansion to the Upper Colorado River Basin – it is important to review the strengths of the existing program, and essential lessons learned, to guide the development of river management policies after the current operating rules expire at the end of 2026.
HOW ASSIGNED WATER WORKS
Assigned Water allows some users to either conserve water that would have been used, import some categories of tributary water to the mainstem, or to fund system improvements to conserve water that would otherwise have been lost to inefficiencies. This water is then earmarked for the creating agenciesโ use, sitting outside of the priority system through which the rest of the Colorado Riverโs water is allocated. Agencies can pay users to take out their lawns, or fallow farm fields, banking the saved water for future use. By planning ahead, water agencies secure a reliability hedge against shortages as the river shrinks.
But at a time when overall water supplies are declining, Assigned Water creates a category of โprivate water,โ available only to specific users, while remaining water allocated to all users under the existing priority system continues to shrink.
Assigned Water created a tool to overcome the โuse it or lose itโ problem that left little incentive for water agencies to conserve. Its usefulness and subsequent expansion have led to the existence of 3.5 million acre feet now are stored in Lake Mead, representing the bulk of the available water currently in the reservoir.
UNINTENDED CONSEQUENCES
Delaying Shortage Actions
By keeping Lake Mead levels higher than they otherwise would have been, Assigned Water delayed formal shortage declarations in the Lower Colorado River Basin. While this was an intended benefit, it has had the practical effect of putting off water use reductions to the detriment of reservoir storage.
Subsidizing Evaporation
Although current rules apply some reductions to Assigned Water accounts, they often fail to fully account for actual evaporation. This results in a subsidy for Assigned Water holders at the expense of water available to everyone else.
Crowding Out
Assigned Water creates incentives for agencies to focus their conservation efforts primarily on programs that benefit their own users, potentially at the expense of the kind of broader efforts that will ultimately be needed to bring Colorado River Basin use into balance with physical supply. We must remember that Assigned Water does not permanently reduce the use of a quantity of water; instead it stores it for later, simply deferring that use to the future.
Inequitable Access
Assigned Water is currently available only to a select group of major Colorado River water agencies, depriving other users of the program’s benefits.
KEY RECOMMENDATIONS
Operational Neutrality
Assigned Water should not be included in the reservoir levels used to make shortage declaration and determine reservoir operations.
System Assessment
Agencies granted access to Assigned Water should pay a โsystem assessmentโ for the privilege. This mechanism would credit their earmarked storage account for a portion of the conserved water while converting the remainder to โSystem Water,โ helping to rebuild storage and meet broad Basin needs.
Evaporation Assessment
Accounting for evaporation should use the best available science, to avoid subsidizing Assigned Water accounts at the expense of the rest of the Basinโs water users.
Expand Access
A wider range of users should be given the opportunity to participate in and benefit from Assigned Water tools.
ADDRESSING THE COLORADO RIVER BASINโS TRAGEDY OF THE COMMONS
For more than a century of development, Colorado River governance has lived under a tension between individual communitiesโ desires to use more water and the collective need to balance basin-scale supply and use for the benefit of the region as a whole. Incentives favoring individual communities at the expense of the collective good have brought us to the edge of the current crisis.
Going forward, Assigned Water can provide a crucial management tool, but the policies we use to implement it must find the balance between individual benefit and collective good.
GLOSSARY OF KEY TERMS
Priority Water:ย Water diverted within the U.S. generally under the prior appropriation system of water allocation.
Mexican Water:ย Water that flows past the international border into Mexico pursuant to the 1944 U.S.-Mexico treaty
Assigned Water: Water resulting from water use reduction programs that is stored in Colorado River Basin reservoirs earmarked for the specific use of the users who created it, outside the normal priority system. Assigned water functions as a sort of private water savings account for those agencies granted the privilege of using the tools.
System Water:ย System Water: The collective term for all water in the reservoirs, including Priority, Mexican, and Assigned Water.
Intentionally Created Surplus: The term used for the Assigned Water initially created under the 2007 Colorado River Interim Guidelines, which became the prototype for similar programs that followed.
System Conservation: Programs that fund reductions of water use to benefit the
Colorado River Basin as a whole by creating System Water for rebuilding reservoir storage or general use under the priority system rather than being allocated to the accounts of specific users.
APPENDIX OF ALL RECOMMENDATIONS
NEUTRALITY
In any newly developed operational guidelines for Lake Powell and Lake Mead,volumes of Assigned Water created after 2026 should be invisible for purposes ofdetermining shortage conditions.
Other than for flood control releases, volumes of Assigned Water created after2026 should be invisible for purposes of determining surplus in Lake Mead.
Volumes of Assigned Water in Lake Mead and Lake Powell created after 2026should spill before all other water, a condition that also functions as a de-factolimit on total accumulation of Assigned Water.
In any newly developed operational guidelines for Lake Powell and Lake Mead,volumes of Assigned Water created after 2026 and held in Lake Mead or LakePowell should be invisible for purposes of calculating annual releases from LakePowell.
EVAPORATION
Reclamation should establish evaporation coefficients applicable to calculation ofevaporation caused by storage of Assigned Water. These evaporationcoefficients should be based on on-going monitoring and best available scienceand appropriately funded. Evaporation coefficients should be reassessed everyfive years, especially in light of a changing climate.
Future volumes of Assigned Water in any reservoir should be assessed arealistic and conservatively high annual evaporative loss based on thesecoefficients and on the amount of Assigned Water in storage.
Future deliveries of Assigned Water should be assessed transit losses whereappropriate. Transit losses should also be estimated based on best availablescience, updated by monitoring and scientific studies, and revised every fiveyears.
Future volumes of Assigned Water in any reservoir should proportionately sharethe evaporative (and transit) losses that occur due to Mexican Water deliveryobligations (other than for Mexican Assigned Water, which should bear its ownlosses) and should be assessed a realistic and conservatively high annualevaporative loss based on these coefficients and due to Mexican Water deliveryobligations. The evaporative assessment should reflect the proportionate shareof Assigned Water and Priority Water in storage.
Evaporative losses should be assessed under all conditions, including shortage.
SHORTAGES AND DELIVERIES
Deliveries of Assigned Water should be restricted if necessary to protect criticaldam infrastructure.
Alternative: The federal government should compel the sale of Assigned Waterfor immediate conversion to System Water during years in which reservoirs are atcritically low levels.
PARTICIPATION
In years in whichย System Water storage in Lake Powell and Lake Mead isdeemed to be inadequate, any Assigned Water developed or acquired by thefederal government in those years should immediately be converted to SystemWater. Use for other purposes should be allowed only in conditions in whichSystem Water storage is adequate.
Dedication of federally-controlled Assigned Water for purposes other thanconversion to System Water should occur through a robust and transparentpublic process.
Because they are among those most exposed to involuntary shortage, CAWCDsubcontractors that rely on deliveries of Colorado River water to surface watertreatment plants should be allowed to create, own and acquire Assigned Water.
Entities without an entitlement to Colorado River water should not be allowed toown Assigned Water.
The Secretaryโs approval should be required for all agreements for creation,transfer, or sale of Assigned Water.
Any Colorado River entitlement holder, with the concurrence of the Secretary,should be allowed to participate in transactions in any state to develop, own oruse Assigned Water created from projects in the U.S. (So long as adequateprotections are afforded Priority Water and there is agreement between thestates regarding accounting for Assigned Water deliveries under the Compact).
To avoid profiteering, the Assigned Water held by any given Colorado Riverentitlement-holder should be proportional to its Colorado River entitlement. Theannual accumulation and balance of Assigned Water for a single entity in anyreservoir should be limited to some (relatively small) multiple of its annualentitlement to Colorado River water.
To ameliorate concerns about permanent water transfers between states,agreements to create Assigned Water from consumptive-use reductions in onestate for delivery in another state should be structured such that there isreasonable means for entities within the state in which the reduction inconsumptive-use derives to make use of that water within the state in the future.One means to do so would be to allow agreements to create Assigned Waterfrom consumptive-use reductions in one state for delivery in another state only ifthe agreements expire after five years and do not include a provision forautomatic renewal. Existing Assigned Water storage could continue beyondexpiration.
To ameliorate controversies associated with the transfer of agricultural water formunicipal use, agreements to create Assigned Water from consumptive-usereductions in agriculture should include a requirement that the funder of theAssigned Water pay a tax assessed per acre-foot paid to the county or countiesfrom which the consumptive-use reductions derive. The tax could derive from thevalue of the agricultural economy. Waivers could apply if the Assigned Watercreation program creates a net increase in economic value in an agricultural area(e.g., crop switching or crop insurance).
ASSIGNED WATER CREATED THROUGH SYSTEM EFFICIENCIES
The federal government should fund efficiency projects for creation of SystemWater up until the amount of water that results from such projects sufficientlyameliorates the impacts of the annual, national obligation to Mexico to PriorityWater users.
Thereafter, the creation of Assigned Water via efficiency projects in theU.S. should only be allowed if a) System Water storage in Lake Powelland Lake Mead is deemed to be adequate or b) the efficiency projectbenefits System Water over Assigned Water on a ratio of 90/10 over theensuing five years.
To the extent participation is offered, participation in efficiency projects in the U.S.in exchange for Assigned Water should be awarded based on an allocationmethod determined through an open and transparent process (e.g. highestbidder) and should be subject to any limitations on participation,ย total AssignedWater annual accumulation and balance for that entity.
The federal government should hold the right of first refusal to purchase anyMexican Assigned Water up for sale and to fully fund any conservation projects inMexico that can become Assigned Water during years in which System Waterstores are deemed to be inadequate for the sole purpose of converting it toSystem Water.
Mexican treaty obligations increase the risk of shortage in the Lower Division andincrease the risk of a Compact call. Those in the Lower Division with lowestpriority contracts and subcontracts and those in the Upper Division most at risk ofcurtailment due to a Compact call should be given the second right of refusal upto an amount that equals projected involuntary cuts to Priority Water for eachentity over the next two years.
Thereafter, purchase of Mexican Assigned Water should be awarded to domesticentity with the highest bid and should be subject to any limitations onparticipation, total Assigned Water annual accumulation and balance for thatentity.
MEASUREMENT AND BASELINES
An audit independent of Reclamation should be conducted on the existingAssigned Water program in the Lower Division and Mexico. The goals of theaudit should be:
to examine claimed savings for accuracy,
to assemble a list of lessons learned on measurement and accountingfrom twenty years of program administration and
to assemble a list of qualifying activities for reduction of consumptive use,alongside recommended terms and conditions, that can form thefoundation of future agreements.
The audit should be made available to the public with and opportunity to reviewand comment.
Assigned Water in any reservoir should only be allowed under a program thataccurately measures Assigned Water creation, shepherding, storage anddeliveries.
Owners of Assigned Water should be assessed an annual fee to fund robustmeasurement and enforcement programs.
Assigned Water created through water savings should derive from a baseline ofhistoric consumptive use, not entitlement or filed water right claims.
FORBEARANCE/SHEPHERDING
Forbearance/shepherding should be based on qualifying activities, notparticipants. In other words, withholding of forbearance/shepherding should notbe a veto used to exclude participants that would otherwise qualify fordevelopment of Assigned Water.
The means of creating Assigned Water that meet the threshold for agreements toforbear/shepherd should be decided ahead of time. Allowing additional qualifyingactivities down the road increases flexibility but also potentially undermines trustin Assigned Water programs between participants and more importantly amongnon-participants who rely solely on the prior appropriation system.
TRANSPARENCY
Reclamation should compile a centralized, searchable, easily accessible libraryof all agreements and documents associated with Assigned Water programs.
Reclamation should develop a new Assigned Water annual report that clearlyshows ownership of the several different types of Assigned Water, the status offunding agreements and the flow of dollars, transactions involving AssignedWater, Assigned Water creation by creation category, method and partner,relevant shepherding arrangements, assessments, evaporative losses, deliveriesand ending balances and other relevant details.
Graphs and charts of reservoir elevations should clearly delineate AssignedWater by ownership and method of creation.
PROGRAM LENGTH
The ability to create or purchase Assigned Water under a given Assigned Waterprogram should expire 20 years after program initiation, a duration long enoughfor bond financing of capital projects. The ability to store Assigned Water shouldexpire no more than 5 years after expiration of the program under which it wascreated.
LOANS AND CONVERSIONS
Loans against Assigned Water balances should not be allowed where defaultdiminishes the amount of System Water in storage.
Conversion of existing Assigned Water into another form of Assigned Watergoverned by different rules should only be allowed after a robust and transparentpublic process.
Loans between Assigned Water owners for Assigned Water should be allowed infuture programs.
With proper guardrails, loans from Assigned Water owners to Priority Water usersshould be allowed, including across state lines.
With proper guardrails, loans and/or conversions from Assigned Water to thePriority Water pool should be mandatory when Priority Water stores are deemedto be seriously inadequate.
ADDRESSING THE TRAGEDY OF THE COMMONS
Future creation of Assigned Water should be assessed a percentage deductionthat becomes System Water at the time of creation to help rebuild System Waterin reservoirs.
The assessment should be determined based on a sliding scale; a 30%assessment should apply in water years in which System Water stores aredeemed to be inadequate. The assessment should then decreaseincrementally to 10% as total storage increases.
Alternative: Colorado River entitlement holders must agree to take shortagesabove and beyond shortage levels described in the 2007 Guidelines before beingallowed to create Assigned Water.
The amount of shortage should equal 30% of the proposed deposit inyears in which System Water stores are deemed to be inadequate. Theshortage should then decrease incrementally to 10% as total storageincreases.
During years in which System Water stores are deemed to be inadequate thefederal government should hold the right of first refusal to purchase any AssignedWater offered up by willing sellers for the sole purpose of converting it to SystemWater.
ASSIGNED WATER OPPORTUNITIES IN THE UPPER DIVISION
Where possible while still maintaining neutrality to Priority Water, and assumingagreement between the states on how to account for Assigned Water deliveriesbetween the Divisions under the Compact, the amount of Assigned Water storedin different reservoirs should be adjusted to optimize for hydropower,environmental and recreational benefits.
Assigned Water created in the Upper Division must be properly shepherded intothe relevant downstream reservoir and assessed appropriate transit losses.
1ย Director of Research, Kyl Center for Water Policy, former Director, Phoenix Water Services
2ย Director, Kyl Center for Water Policy
3ย Senior Fellow, Getches-Wilkinson Center, University of Colorado Law School, former US Commissioner, Upper Colorado River Commission, former Assistant Secretary for Water and Science, US Dept. of the Interior
4ย Writer in Residence, Utton Transboundary Resources Center, University of New Mexico
5ย Retired General Manager, Colorado River Water Conservation District
6ย Director, Center for Colorado River Studies, Utah State University, former Chief, Grand Canyon Monitoring and Research Center
7ย Staff Attorney, Utton Transboundary Resources Center, University of New Mexico
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
A nearby stream gauge reported that the Roaring Fork River, shown here at Rio Grande Park in Aspen, was flowing at about 9 cfs when this photo was taken in August 2021. Pitkin County plans to buy shares of Twin Lakes water to boost flows in the Roaring Fork. CREDIT: CURTIS WACKERLE/ASPEN JOURNALISM
Pitkin County is making a historic deal to buy water currently used on the Front Range and put it back into the Roaring Fork.
The county plans to buy 60 shares of water from Twin Lakes Reservoir and Canal Co. and 34 shares from Fountain Mutual Ditch Co. For $6.5 million, Pitkin County will acquire about 71 acre-feet, although only 45 of those acre-feet represent Western Slope water that is currently diverted to the Front Range.
Pitkin County Commissioner Francie Jacober made the announcement at Wednesdayโs board meeting of the Colorado River Water Conservation District.
โThis is obviously going to help with the flows in the upper Roaring Fork,โ Jacober said at the meeting. โItโs really exciting.โ
The money for the purchase will ultimately come from the Pitkin County Healthy Rivers fund, which is supported by a 0.1% countywide sales tax. However, a portion of the funds for the purchase will initially come from the general fund, and the county will issue bonds before the end of the year that will be repaid using Healthy Rivers revenues.
According to a purchase and sale agreement related to the transaction that was posted online Friday, the Twin Lakes shares are being sold by Castle Concrete Co., while the Fountain shares are owned by Riverbend Industries, which is Castle Concreteโs parent company. Historically, the water involved has been used in the operation of a gravel pit and for gravel processing.
A memo outlining the deal noted that in order to purchase the Twin Lakes shares, the seller also required the county to buy the Fountain shares, which are estimated to yield about 26 acre-feet per year, but that water is not decreed for use on the west side of the Continental Divide.
โWe are exploring options for disposing of these shares, either by trading for additional Twin Lakes shares or through sale, thereby offsetting a portion of the purchase price for the Twin Lakes shares,โ the memo says.
Jacober told Aspen Journalism that the county worked with brokers West Water Research on the deal, which is set to close on April 2. Representatives from the company declined to comment on the pending transaction.
The Healthy Rivers board approved the expenditure in a 6-1 vote Jan. 15, and the Board of County Commissioners are set to consider the deal at the Jan. 28 regular meeting.
โI think the [Healthy Rivers] board is moved by the fact that water is really scarce in Colorado and there are not that many opportunities to own and control the timing of water, and thatโs what we are excited about here,โ said Healthy Rivers chair Kirstin Neff.
Pitkin County Deputy Attorney Anne Marie McPhee said the county heard that the shares were going to become available before they officially hit the market and officials approached the seller with an offer.
โThatโs how we were able to get the shares,โ McPhee said. โBecause itโs very rare for these type of shares to come on the open market and usually the municipalities on the eastern slope are trying to get them as quickly as they can.โ
Grizzly Reservoir is part of Twin Lakesโ transmountain diversion system at the headwaters of the Roaring Fork River. Pitkin County plans to buy shares of water from Twin Lakes that are currently used on the Front Range, and put it back into the Roaring Fork River.ย CREDIT:ย HEATHER SACKETT/ASPEN JOURNALISM
Twin Lakes system
The Twin Lakes system is a complex and highly engineered arrangement of reservoirs, tunnels and canals that takes water from the headwaters of the Roaring Fork near Independence Pass and delivers it to Front Range cities in what is known as a transmountain diversion. Across the stateโs headwaters, transmountain diversions take about 500,000 acre-feet per year from the Colorado River basin to the Front Range.
Four municipalities own 95% of the shares of Twin Lakes water: Colorado Springs Utilities owns 55%; the Board of Water Works of Pueblo has 23%; Pueblo West Metropolitan District owns 12%; and the city of Aurora has 5%.
Twin Lakes collection system
The project is able to divert up to 46,000 acre-feet annually, or nearly 40% of the flows in the Roaring Fork headwaters, which can leave the Roaring Fork through Aspen depleted. Pitkin Countyโs purchase will return a small amount of that water to the Roaring Fork.
Twin Lakes President Alan Ward said the company is not directly involved in transactions between buyers and sellers of water shares. Twin Lakes must simply approve the transfer of certificates between the two.
County officials said they plan to release the water down the Roaring Fork during the irrigation season when flows are low, but not when the Cameo call is on, which already results in additional water in the Roaring Fork.
When irrigators in the Grand Valley place the Cameo call, which happens most summers, those with upstream junior water rights, such as Twin Lakes, have to stop diverting so that irrigators can get their share. When Twin Lakes shuts off, it boosts flows in the Roaring Fork.
McPhee said that although the deal is not cheap, it is a once-in-a-lifetime opportunity.
โYou donโt get these opportunities to put physical water in the river anymore, particularly up at the headwaters,โ she said. โSo we are excited about this.โ
Aspen Journalism is supported by a grant from the Pitkin County Healthy Community Fund.
I started the Land Desk five years ago this month to fill what I saw as a gap in coverage of public lands, energy, climate, water, economics, and communities in the Western U.S. โ along with the politics around all of those issues. I certainly wasnโt planning on covering national or partisan politics.
But it so happens that my first dispatch ran four days after the infamous events of Jan. 6, 2021, which had echoes โ if not direct connections โ to Western land-use politics. So, less than a week after launching, I found myself, well, delving into national partisan politics.
The United States is again in turmoil, the administration is a full-on dumpster fire, and federal agents are executing people in the streets of Minneapolis โ and then lying about it and slandering the victim.
To say Iโm horrified, outraged, and heartbroken would be an understatement.
Iโm not going to offer any analysis here โ others have done a much better job than I could. But I would plea with and urge Western elected officials from both parties to stand up and do whatever you can to curb these authoritarian and reprehensible actions, even if it means shutting down the government, and to hold the administration accountable. [ed. emphasis mine]
On a brighter note, it is the Land Deskโs fifth birthday this month.ย Actually, it was on Jan. 10, and I totally missed it until now. I just want to take this opportunity to thank all of my readers, but especially the Founding and Sustaining Members and the other paid subscribers and โBuy Me a Coffeeโ supporters who keep this thing โ and the Silver Bullet and now El Burro Blanco โ going. I couldnโt do it without you.
โ๏ธ Annals of Alfalfa ๐
Yes, Iโm going to talk about alfalfa. Again. Why? Because the Colorado River is on my mind, and as John Fleck, author, former journalist, and Writer in Residence at the Utton Transboundary Resources Center at the University of New Mexico School of Law, once wrote: โGolf and the Bellagio Fountain are easy targets. But if youโre not talking about alfalfa, youโre not being serious.โ
Thatโs because alfalfa and, to a lesser degree, other livestock forage crops, are collectively the largest users of Colorado River water. So, any serious efforts to cut consumption on the river are going to involve alfalfa, in some form or another. In recent years, this has included paying farmers to fallow some of their alfalfa fields and leave the water in the ditches, canals, or the river.
But aย report1ย published last year2ย posits a less extreme solution: Keeping the alfalfa, but watering it less during the summer months in dry years โ a practice known as deficit irrigation. The farmer could then sell the surplus water to other users to offset the losses resulting from lower crop yields. The authors estimate that this approach could save up to 3.4 million acre-feet of water annually across the Southwest3, or about 50% of total alfalfa water use.
In some ways, this method is analogous to something called โdemand responseโ on electrical power grids. Thatโs when large power users, or a collection of smaller users, are paid to reduce electricity consumption during times of high demand to ease grid strain. So, for example, during a heat wave, when everyoneโs air conditioners are running full blast, the utility or grid operator would signal a factory, say, or a data center to scale back their operations during the hottest time of the day when solar generation might be dropping off. The targeted drop in consumption has the same effect as increasing power generation would, keeping supply and demand in balance.
Alfalfa is a good crop for water-demand-response in part because it uses a lot of water in the first place, but also because putting it on a temporary water diet wonโt kill it. The authors argue that this approach is preferable to fallowing fields, replacing alfalfa with other crops, or even increasing irrigation efficiency. Alfalfa is high in nutrients and digestible fiber, making it a valuable livestock feed; its deep roots facilitate nitrogen fixation; and it has high salt tolerance.
They note that drip irrigation and fertigation (a new term to me that is where liquid fertilizer is applied with irrigation water) have increased crop yields, but have also resulted in โa water savings paradox, especially greater net consumptive use (CU) due to expansion of cropped areas and reduced groundwater recharge and return flows to streams.โ Fallowing, meanwhile, has its own unintended economic and environmental consequences, including increased weeds and dust mobilization, loss of green space, and loss of wildlife habitat.
In addition to saving between 16% and 50% of water used to irrigate alfalfa, the authors write, โSummer deficit irrigation could also be an attractive strategy for alfalfa growers particularly if market water prices at the peak of the growing season are high enough to offset the remaining alfalfa cutting revenues.โ
It all sounds good on paper, but implementing it in the fields would be far more complicated than simply shutting off the ditches for a couple of months. And whether this approach could actually pay for itself depends on the price of alfalfa, the price of water, and on whether itโs logistically feasible to sell the saved water to someone else.
Still, deficit irrigation is certainly one useful tool for farmers and water managers to consider. Because cuts are coming to the Colorado River one way or another. And it behooves everyone to make it as painless as possible.
๐ Data Dump ๐
Hereโs a few alfalfa charts for your perusing pleasure.
Alfalfa acreage has decreased in most states over the last several years. Data Source: National Agricultural Statistics Service.
Top ten Western counties for acreage planted in alfalfa. Data Source: USDA NASS.
Colorado River state alfalfa production increased steadily over the decades before peaking in the early 2000s. Then, as the megadrought/long-term aridification settled in, it started decreasing. Data Source: NASS
Hay exports, especially to China, have dropped off considerably in recent years after a steady climb. This may have to do with the Trump administrationโs tariffs. Source: Foreign Agriculture Service.
Californiaโs largest hay export market used to be China. Source: FAS
Arizonaโs biggest hay export market has long been Saudi Arabia, but that has dropped off in the last year. Source: FAS.
๐Notes from the Energy Transition ๐
In somewhat related news: The vast and powerful Westlands Water District has voted to move forward on a plan to build up to 21 gigawatts of new solar-plus-battery energy storage capacity on fallow, water-constrained agricultural fields in the San Joaquin Valley. In choosing this path, the water district defied the growing anti-solar backlash that seems to have infected even more progressive areas. And it opened the door for farmers to continue to earn an income on land that they simply canโt farm anymore because the water is no longer there. As a Westlands representative told Canary Media, it will โgive farmers another crop to grow, which is the sun.โ
***
Rio Tinto/Kennecottโs Bingham Canyon copper mine in the snow. Jonathan P. Thompson photo.
Rio Tintoโs Kennecott copper mining and smelting operation near Salt Lake City is the stateโs largest polluter, spewing about 193 million pounds of toxic chemicals into the air each year. That kind of puts a grimy shadow over the companyโs efforts to become more sustainable โ like switching from diesel to battery-electric trucks โ but it is better than business as usual, I suppose. And on that note, they are bringing online a 25 megawatt solar array to help power its operations, which is notable since they have started to produce tellurium, an ingredient in photovoltaic panels.
***
I have similarly mixed feelings about this next news item: MGM Resorts just acquired more solar power, bringing their onsite and offsite solar-plus-storage facilities combined capacity to a whopping 215 megawatts, allowing the company to meet up to 100% of daytime electricity load at its Las Vegas Strip operations.
1 โReimagining alfalfa as a flexible crop for water security in the Southwestern USA,โ by Emily Waring, et al.
Reclamation has released a Draft Environmental Impact Statement (DEIS), a required step in the process to develop new operating guidelines for Colorado River operations by the end of the year when the current operating guidelines expire. It comes amid two-plus years of ongoing meetings and negotiations led by Reclamation working with the seven Colorado River Basin states, the Colorado River Basin tribes and other stakeholders.
The DEIS lays out five alternatives for how the Colorado River might be managed after 2026. These include one โno actionโ alternative required by law, three alternatives that would require agreements among the basin states, and one โno dealโ alternative which may be imposed if there is no agreement among the states.
The DEIS places all the risk of a dwindling Colorado River on the Lower Basin, and all the alternatives proposed are harmful to Arizona.
The โno dealโ alternative in particular piles virtually all the mandated cuts on the State of Arizona and Central Arizona Project. The DEIS ignores the obligations of the Upper Basin states to deliver water under the Colorado River Compact and the federal government to release water from the Colorado River Storage Project dams.
The โno dealโ alternative would result in a crushing blow to Central Arizonaโs water supply, including tribal water supplies. Millions of Arizona residents would be negatively affected โ including those in the fifth largest city in the United States, as would several of the nationโs key industries, including manufacturing, microchips and national defense.
Our economy is integrated regionally and nationally, which means if Arizona is suffering, neighboring businesses and our national defense are too.
In contrast, the โno dealโ alternative imposes no federal cuts to the Upper Basin and allows the Upper Basin to increase water use in the future.
Implementation of any of the DEIS alternatives would likely force Arizona to seek legal options. [ed. emphasis mine]
The basin states and the Bureau of Reclamation can do better than any of these alternatives with a negotiated agreement. As history has shown, the Colorado River has worked best when all basin states agree on how it is managed.
We remain committed to working with the basin states and Reclamation so long as the path is toward recognizing the shared risks and responsibilities for the river and fairly sharing reductions to protect vital infrastructure that benefits the entire Colorado River Basin.
Hereโs what CAWCDโs Board members have to say about the DEIS:
โEach alternative put forward places the risk of a dwindling Colorado River on the Lower Basin โ none of them are good for Arizona and certainly not for Central Arizona Project. In the Lower Basin, weโve demonstrated that we can accept that the River has less water now and likely in the future. But we cannot bear the shortage alone. The Upper Basin shows no willingness to conserve and in fact demands more water, yet these alternatives do nothing to deny their greed. Thatโs not acceptable to CAP whose millions of water users and billions in industrial investments will bear the brunt of these devastating alternatives.โย โ Terry Goddard, CAWCD Board President
โThe alternatives laid out for post-2026 Colorado River operations are potentially disastrous for millions of Arizonans โ including the residents of the fifth largest city in the United States. Further, these alternatives all negatively impact several of the nationโs key industries, including manufacturing, microchips and national defense. This means harm not just to Arizona, but to the entire country.โย โ Alexandra Arboleda, CAWCD Board Vice President
โArizonans have been smart water stewards, conserving water for decades in our desert environment. Whatโs more, weโve worked with our Lower Basin partners to protect Lake Mead, by voluntarily conserving water beyond the mandatory reductions Arizona has taken for the past several years. Weโve done our part and itโs so disappointing to see alternatives that make Arizona bear the burden for all Colorado River users.โย ย โ Karen Cesare, CAWCD Board Secretary
โPinal County has already shouldered the brunt of the Colorado River reductions Arizona has been taking for the past several years. And this has had a monumental negative impact on our agricultural community. Weโve already felt a great deal of pain and these alternatives would be rubbing salt in the wound and would continue to devastate Arizona.โย โ Stephen Miller, CAWCD Board Member, Pinal County
โCAP delivers more tribal water than any other entity in the United States. The alternatives proposed for post-2026 Colorado River operations would have a damaging effect on those deliveries, which are part of settlement agreements with the federal government. The negative effects of these alternatives impact all of CAPโs water users โ cities, industries and tribes.โย โ Justin Manuel, CAWCD Board Member, Pima County and member of Tohono OโOdham Nation
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
The Colorado River flows through Grand County, Colo. on Oct. 23, 2023. Negotiators from seven states remain at an impasse over how to share and conserve the river’s water despite four days of recent meetings together in Utah.
Click the link to read the article on the KUNC website (Scott Franz):
January 25, 2026
This story is part of ongoing coverage of the Colorado River, produced by KUNC in Colorado and supported by the Walton Family Foundation. KUNC is solely responsible for its editorial coverage.
Itโs crunch time for negotiators from seven western states trying to strike a deal before Feb. 14 on how to share the dwindling Colorado River.
But four days of talks in a Salt Lake City conference room earlier this month did not appear to have sparked a breakthrough.
โWe got tired of each other,โ Utahโs negotiator, Gene Shawcroft, said Tuesday at a public board meeting, days after the meeting ended. โAnd two of the days, we made some progress, but one day we went backwards almost as much progress as we made in two and a half days.โ
The states in the lower and upper basins remain at an impasse over how cuts to water use should be handled during times of drought.
A spokesperson for Colorado Gov. Jared Polis confirmed the meeting invitation to KUNC and said in a statement that Polis โhopes to attend this meeting if it works for the other Governors.โ
John Berggren, a water policy expert at Western Resource Advocates, said many of the scenarios on the table can only be taken if all the states in the basin agree to them.
โThe fact that the states don’t have a seven state agreement right now means that we can’t consider some of these really good, new, innovative tools that are in some of the alternatives,โ he said Tuesday. And so that’s pretty frustrating.”
What could management of the vital waterway look like after the current rules expire in August?
Berggren, who got his Ph.D. at the University of Colorado focusing on sustainable water management in the Colorado River Basin, helped KUNCโs water desk summarize the five options on the table from the feds.
He said an eventual deal might incorporate pieces from several of the alternatives.
Basic coordination
This is the only path the feds say they currently have the legal power to take if the seven states fail to reach an agreement.
Berggren said this option would likely โnormalizeโ 1.48 million acre feet of water shortages each year in the lower basin states.
โAnd this would just basically say every year, thatโs a given,โ Berggren said.
Water in Lake Mead sits low behind Hoover Dam on December 16, 2021. The nation’s largest reservoir, which has reached record-low levels in recent years, serves as the main source of water for the Las Vegas area. It is mostly filled with mountain snowmelt from Utah, Colorado, Wyoming and New Mexico. Photo credit: Alex Hager/KUNC
Upper basin states, including Colorado, would not be forced to contribute more water in dry years.
Berggren said this option โdoes not do enough.โ
โThereโs many years where the system crashes,โ he said.
A crash means Lake Powell and Lake Mead reach deadpool, a scenario where theyโre so critically low that hydroelectricity stops and water stops flowing through their dams.
Millions of water users in the west could see impacts.
Enhanced coordination
Berggren calls this plan โa little more innovative.โ
Highlights include the power to use conservation pools that encourage and incentivize states and water users to find ways to save water.
That could mean the feds paying states to conserve water. Lower basin states could also put water they save in Lake Mead to stay there until they need it.
โItโs water security, because if we can save water today, weโll put it into storage and we can withdraw it later when we need it,โ Berggren said.
This option also includes contributions from the upper basin states each year that would gradually increase over time.
The Interior Department writes this option โseeks to protect critical infrastructure while benefitting key resources (such as environmental, hydropower, and recreation) through an approach to distributing storage between Lake Powell and Lake Mead that enhances the reservoirsโ abilities to support the Basin.โ
No action
This plan might sound like the path with the least impact, but thatโs far from the case.
This path would revert the operating procedures at Powell and Mead to what they were almost 20 years ago.
โIt basically says Reclamation will shoot to release 8.23 million acre feet of water from Powell, and thatโs kind of it,โ Berggren said. โNot a lot of authority for lower basin shortages, not a lot of authority to modify your reservoir operations to try and prevent the worst from happening. No action very clearly crashes the system quickly, and no one wants it.โ
According to the Interior Department, โthere would be no new mechanisms to proactively conserve and store water in Lake Powell or Lake Mead.โ
This option was legally required to be included in the feds report on operating scenarios.
Maximum flexibility
This proposal was developed by a group of seven conservation groups.
Interior said this alternative is โdesigned to help stabilize system storage, incentive proactive water conservation, and extend the benefits of conservation and operational flexibility to a wide range of resources.โ
Itโs also designed to give dam operators more flexibility to respond to the impacts of climate change.
As water levels in Lake Powell keep dropping, some say they could fall too low to pass through Glen Canyon Dam at sufficient levels. Ted Wood/The Water Desk
Berggren said this option allows water users to conserve water and store it in reservoirs.
It would also change the way water releases are handled.
A โclimate response indicatorโ would be introduced to help decide how much water should be released from Lake Powell.
โIf the last three years have been really dry or exceptionally dry, then you adjust your Lake Powell releases,โ he said.
Berggren and his environmental group, Western Resource Advocates, had a hand in developing this alternative along with the six other organizations.
All seven of the organizations that crafted the river management proposal have received funding from the Walton Family Foundation, which also supports KUNCโs Colorado River coverage.
Supply driven alternative
โAll this does is say that what you release from Lake Powell down to Lake Mead is based on some percentage of the preceding three years,โ Berggren said. โYou look at the past three years, and you take some percentage of that, and that’s what you release from Glen Canyon Dam, and that’s basically it.โ
He said the plan, which incorporates ideas from the states themselves, was nicknamed โthe amicable divorce of the basins.โ
โBecause it was basically the upper basin will do its thing with Lake Powell and its upper basin reservoirs,โ he said. โAnd then whatever gets released, lower basin deals with that, deals with Lake Mead, deals with lower basin shortages.โ
Shortages in the lower basin could be up to 2.1 million acre feet a year in this scenario, according to the Interior Department.
When people think about agricultural pollution, they often picture what is easy to see: fertilizer spreaders crossing fields or muddy runoff after a heavy storm. However, a much more significant threat is quietly and invisibly building in the ground.
Across some of the most productive farmland in the United States, a nutrient called phosphorus has been accumulating in the soil for decades, at levels far beyond what crops actually require. While this element is essential for life-supporting root development and cellular chemistry to grow food, too much of it in the wrong places has become a growing environmental liability.
Phosphorus is one of the three primary nutrients plants require for growth, along with nitrogen and potassium. Without enough phosphorus, crops struggle and production suffers.
For decades, applying phosphorus fertilizer has been a kind of insurance policy in American agriculture. If farmers werenโt sure how much was already in the soil, adding a little extra seemed safer than risking a shortfall. Fertilizer was relatively inexpensive, and the long-term consequences were poorly understood.
However, phosphorus can still be carried off fields when rain or irrigation water erodes phosphorus-rich soil, or some of the built-up phosphorus dissolves into runoff.
Years of application have led to something no one initially planned for: accumulation.
How much phosphorus has built up?
Since the mid-20th century, farmers across the United States have applied hundreds of millions of tons of phosphorus fertilizer. From 1960 to 2007, phosphate fertilizer consumption in the U.S. increased from approximately 5.8 million metric tons per year to over 8.5 million metric tons annually.
In more recent decades, fertilizer use has continued to rise. In corn production alone, phosphorus applications increased by nearly 30% between 2000 and 2018. Crops absorb some of that phosphorus as they grow, but not all of it. Over time, the excess has piled up in soils.
Scientists call this buildup โlegacy phosphorus.โ Itโs a reminder that todayโs environmental challenges are often the result of yesterdayโs well-intentioned decisions.
If phosphorus stayed locked in the soil, farmers would have wasted money on fertilizer they didnโt need. And excess phosphorus in soil can hinder the uptake of essential plant micronutrients and alter the soil microbial community, reducing diversity that is important for good soil health.
Unfortunately, phosphorus doesnโt always remain in place. Rainfall, irrigation and drainage can transport phosphorus โ either dissolved in water or attached to eroded soil particles โ into nearby canals, streams, rivers and lakes. Once there, it becomes food for algae.
The result can be explosive algal growth, known as eutrophication, which turns clear water a cloudy green. When these algae blooms die, their decomposition consumes oxygen, sometimes creating low-oxygen โdead zonesโ where fish and other aquatic life struggle to survive. This process is primarily driven by phosphorus leaching, as seen in the Florida Everglades.
Another prime example is the largest dead zone in the United States, covering about 6,500 square miles (16,835 square kilometers), which forms each summer in the Gulf of Mexico. Cutting back on nitrogen without lowering phosphorus can worsen eutrophication.
Some algal blooms also produce toxins that threaten drinking water supplies. Communities downstream may be told not to drink or touch the water, and face high treatment costs and lost recreational opportunities. National assessments document toxins associated with algal blooms in many states, particularly where warm temperatures and nutrient pollution overlap.
Rising global temperatures are exacerbating the problem. Warmer waters hold less oxygen than colder waters, increasing the likelihood that phosphorus pollution will trigger eutrophication and dead zones.
A phosphorus monitor operates next to a small stream near an agricultural field in Ohio. AP Photo/Joshua A. Bickel
Flawed testing hid the problem
Given the risks, a natural question arises: Why donโt farmers simply stop adding phosphorus where it isnโt needed?
Part of the answer lies in how the amount of phosphorus in the soil is measured. Most soil tests used today were developed decades ago and were designed to work reasonably well across many soil types. But soils are incredibly diverse. Some are sandy; others are rich in organic matter formed from centuries of decayed plants.
And those traditional soil tests use acids to extract phosphorus from the soil, delivering inaccurate findings of how much phosphorus plants can actually access. For instance, in soils that have more than 20% organic matter, like those found in parts of Florida and other agricultural regions, the testsโ acids may be partially neutralized by other compounds in the soil. That would mean they donโt collect as much phosphorus as really exists.
In addition, the tests determine a total quantity of phosphorus in the soil, but not all of that is in a form plants can take up through their roots. So soil where tests find high phosphorus levels may have very little available to plants. And low levels can be found in soil that has sufficient phosphorus for plant growth.
When farmers follow the recommendations that result from these inaccurate tests, they may apply fertilizer that provides little benefit to crops while increasing the risk of pollution. This isnโt a failure of farmers. Itโs a mismatch between outdated tools and complex soils.
Soil testing determines levels of various nutrients, but the results donโt always line up with whatโs available to plants. Wayan Vota via Flickr, CC BY-NC-SA
A smarter way forward
The solution isnโt to eliminate phosphorus fertilization. Crops still need it, and many soils genuinely require additional nutrients. The challenge is knowing when enough is truly enough.
Researchers, including me, are developing improved testing methods that better reflect how plants actually interact with soil. Some approaches mimic plantsโ root behavior directly, estimating how much phosphorus crops can realistically take up from any given field or type of soil โ rather than only measuring how much exists chemically.
Other tests look at the amount of phosphorous a fieldโs soil can hold before releasing excess nutrients into waterways. These approaches can help identify fields where farmers can use less phosphorus or pause it altogether, allowing crops to draw down the legacy phosphorus already present.
The phosphorus problem is a slow-moving one, built over decades and hidden below ground. However, its effects are increasingly visible in the form of algal blooms, fish kills and contamination of drinking water supplies. Farmers can measure and manage soil nutrients differently and reduce pollution, save money and protect water resources without sacrificing agricultural productivity.
After last weekโs somewhat wonky dispatch on the Colorado River, a couple of readers asked about some of the terminology used. That, along with the fact that the deadline for an agreement on how to operate the riverโs plumbing is fast approaching, prompted me to put together a bit of a glossary/primer on the Colorado River to give a little more context to related news, which is likely to come fast and furious over the next several weeks.
If I miss anything, or if you have other questions, please let me know and Iโll try to answer them soon. Also, Iโll be doing a host of data-driven, Colorado River-related dispatches in coming weeks to go over some of last yearโs statistics on water consumption, water pricing, alfalfa production and exports, and so forth.
Colorado River Basin: A 250,000 square-mile watershed that includes southwestern Wyoming, western Colorado, southern and eastern Utah, southern Nevada, western New Mexico, Arizona, and eastern California. For administrative purposes, it has been split into the Lower Basin (CA, AZ, NV) and the Upper Basin (CO, WY, UT, NM), with the dividing line at Lees Ferry.
Law of the River: This isnโt an actual law, but rather a collection of agreements, compacts, treaties, laws, and Supreme Court decisions that serve as a framework for governing the Colorado River.
Doctrine of Prior Appropriation, aka First In Time, First in Right: This is the basis for most Western water law, which says that the first entity to put a set amount of water on a stream to beneficial use at a specific place has the highest or most senior priority of water rights. If a senior rights holder is not receiving their full appropriation due to drought or overuse, they can make a โcallโ on the river, forcing upstream, junior rights holders to stop diverting water from the stream or its tributaries.
Acre-foot (AF): Amount of water that would cover one acre one foot deep. 1 acre-foot = 325,851 gallons. MAF = million acre-feet.
Consumptive Use:ย The amount of water diverted from a stream minus the amount returned to it. For example, last year Nevada pulled about 443,000 acre-feet of water from the Colorado River, mostly via pumping plants in Lake Mead. But it returned about 244,000 acre-feet of treated wastewater to the reservoir via Las Vegas Wash, leaving it with a total consumptive use of about 198,000 acre-feet for the year. Evaporation and transpiration (or uptake by and evaporation from plants) are considered consumptive uses. Agriculture is the largest consumptive user in both the Upper and Lower basins.
Colorado River Compact: In 1922, representatives from the seven Colorado River states entered into a compact aimed at ending interstate conflict and litigation to clear the way for developing dams and diversions on the river. The compact gives each basin exclusive beneficial consumptive use of 7.5 million acre-feet of water per year, but also mandates that the Upper Basin โnot cause the flow of the river at Lee Ferry to be depleted below an aggregate of 75 million acre-feetโ for any 10-year period. A 1944 treaty reserved an additional 1.5 million acre-feet to Mexico, which would be covered by surplus or borne equally by the two basins.
I like to run this one again from time to time, just to remind folks how much the population of the West has grown over the last century. This is what the signers of the Colorado River Compact were dealing with as far as water users go โ compared to some 40 million users now. Source: USGS.
The Upper Basin divided its 7.5 MAF by percentage:ย 51.75%ย to Colorado;ย 11.25%to New Mexico;ย 23%ย to Utah;ย 14%ย to Wyoming (plus an additionalย 50,000 acre-feetย for the portion of Arizona in the Upper Basin).
The Lower Basin allottedย 4.4 MAFย to California;ย 2.8 MAFย to Arizona;ย .3 MAFย to Nevada.
20 million acre-feet: Presumed total annual natural flow of the river upon which the compact was based and which was considered โmore than sufficient to water all lands now being irrigated and all lands which can be economically developed for forty years to come.โ
17.3 million acre-feet: The actual annual flow recorded by the he U.S. Geological Survey during the nine years leading up to the compactโs ratification, with yearly flows ranging from 9.9 million acre-feet to 26.1 million acre-feet. That was during an unusually wet period.
14.3 million acre-feet: Median annual natural flows at Lees Ferry from 1907 to 2025.
8.5 million acre-feet: Estimated natural flow at Lees Ferry in 2025.
2 million to 4 million acre-feet: Estimated amount of consumptive use that must be reduced to bring the Colorado River supply and demand into balance.
September 21, 1923, 9:00 a.m. — Colorado River at Lees Ferry. From right bank on line with Klohr’s house and gage house. Old “Dugway” or inclined gage shows to left of gage house. Gage height 11.05′, discharge 27,000 cfs. Lens 16, time =1/25, camera supported. Photo by G.C. Stevens of the USGS. Source: 1921-1937 Surface Water Records File, Colorado R. @ Lees Ferry, Laguna Niguel Federal Records Center, Accession No. 57-78-0006, Box 2 of 2 , Location No. MB053635.
Natural Flow at Lees Ferry: This is a calculated estimate of the amount of water that would flow past Lees Ferry if there were no upstream dams, diversions, or human consumptive use. This estimate would guide the supply driven option for dividing up the river. The USBR describes the method for determining it as such:
Provisional Natural Flow at Lees Ferry = observed annual flow at Lees Ferry + average Upper Basin consumptive use for the last 5 published years +/- net change in mainstream storage +/- net change in off-mainstem storage +/- net change bank storage + mainstem reservoir evaporation.
The estimated โnatural flowโ at Lee Ferry. Some of the alternatives would base Lake Powell releases on recent average natural flows at Lee Ferry. If the recent past is an indicator of whatโs to come, we could expect a relatively minuscule amount of water running through the Grand Canyon to the Lower Basin states. Source: Bureau of Reclamation.
Winters v. the United States:ย 1908 Supreme Court ruling establishing that when the federal government โreservedโ land for a tribal nation, it also reserved rights to water. And the appropriation date for those water rights would be the date the reservation was established, whether or not the tribe put the water to โbeneficial useโ at that time.ย Wintersย did not quantify the amount of water tribes were entitled to, except that it should be โsufficient โฆ for irrigation purposes.โ
By rights, this would give the 30 tribal nations within the watershed the most senior rights to most if not all of the water in the Colorado River. Five lower Colorado River tribes currently have quantified and settled rights to about 900,000 acre-feet, while Upper Basin tribes have settled and quantified about 1.1 million acre-feet. But other tribes have yet to settle or quantify their rights, so they remain in a sort of limbo.
In many cases, the tribal nations lack the infrastructure for putting their water rights to use, meaning they end up relying on federal infrastructure โ and on the respective appropriation dates for the infrastructure. An example: The Ute Mountain Ute tribe has 1868 water rights on the Dolores River in southwestern Colorado. But they actually receive their water via the Dolores Project, which only has 1968 rights โ which are junior to most of the white farmers on the river. That means during very low water years, the tribe can lose most of its water.
Eugene Clyde LaRue measuring the flow in Nankoweap Creek, 1923. Photo credit: USGS
Eugene C. LaRue:ย One of the early 20th centuryโs foremost authorities on the Colorado River, who warned the Colorado Compact signatories that their negotiations were based on overestimates of the riverโs supply. In 1916, he wrote: โEvidently, the flow of the Colorado River and its tributaries is not sufficient to irrigate all the irrigable lands lying within the basin.โ LaRue also warned against building Hoover Dam because evaporation would further deplete water supplies and suggested banning trans-basin diversions, or exporting water from the Colorado River watershed to other parts of the seven basin states. The signatories heard LaRue but clearly didnโt heed his warning, even though he repeated it many times prior to the compactโs signing. (He eventually resigned in protest.)
Minimum Power Pool: Surface elevation of Lake Powell or Lake Mead below which hydroelectric production is no longer possible because it is lower than the damโs penstocks. This is especially critical at Lake Powell because if water canโt be released through the penstocks and turbines, it must go through lower river outlets, which are not equipped for long-term releases and could be damaged by constant use. Also, the electricity from the dam is critical to Southwestern power grids, and sales of it raise revenue for endangered native fish recovery programs.
Deadpool: Surface elevation of Lake Powell or Lake Mead below which no water can be released from the dam. So in Lake Powell, this means the water would drop below the river outlets, which could happen if the reservoir is drawn down to the river outlet level, and then reservoir seepage and evaporation exceeds inflows (which could happen late in a hot, dry summer).
Run of the River: This is the term for when releases from a dam are equal to reservoir inflows minus evaporation and seepage at any given time. In other words, if inflows were 20,000 cfs, releases would be slightly lower, and the dam wouldnโt hold any water back (or release any storage). Glen Canyon dam operators could use this method to keep Lake Powell from dropping below minimum power pool.
Transbasin Diversion: Moving water from one watershed to another, within the same state, e.g. from the Colorado Riverโs headwaters to the stateโs populous Front Range, or from the Navajo River (a tributary of the San Juan, which is a tributary of the Colorado) to the Chama River (a tributary of the Rio Grande).
Central Arizona Project: The 366-mile canal and pumping system that delivers Colorado River water to the Phoenix and Tucson areas. The projectโs water rights have a 1968 appropriation date, making them junior to California users such as the Imperial Irrigation District. That has meant that Arizona must reduce consumption prior to California.
Imperial Irrigation District: A major agricultural area in southern California and the Colorado Riverโs largest single water user.
There continues to be no new information from the ongoing negotiations among the protagonists for the seven states trying to work out a new two-basin management plan for the Colorado River. The Bureau of Reclamation, however, is pressing ahead; it recently went public with its โDraft Environmental Impact Statementโ (DEIS) for โPost-2026 Operational Guidelines and Strategies for Lake Powell and Lake Mead.โ
The five alternative โoperational guidelines and strategiesโ analyzed in this DEIS were announced back in the fall of 2024; the Bureau has spent the past year-plus examining their environmental impacts. Iโm not going to go into their analyses right now; Iโm still working on skimming, skipping, sprinting and plowing my way through enough of the 1600 pages or so of the report to feel reasonably informed on its contents.
But I will note that the first action analyzed (skipping past the mandatory โNo Actionโ alternative) is for the Bureau to go ahead and run the river system as it sees fit, without input from the seven states/two basins โ not something they want to do, but would have to do since the system will not wait while the states stare at their chessboard stalemate. That action would of course precipitate lawsuits from some of the states since the Bureau would have to go ahead with some of the things that are part of non-debate behind the stalemate.
Anyone wishing to submit themselves to the torture of an EIS can find the home page and Table of Contents for the report by clicking here.
And in the meantime, Iโll go off again on what I hope might be at least a more interesting tangent, and maybe more creative โ fully believing that the only way out of our ever-unfolding river mismanagement is some centrifugal push to get beyond the tight centripetal pull of the Colorado River Compact and its two-basin expedient that has become gospel.
Two posts ago here, I acknowledged a need to explain why I titled all these posts โRomancing the Riverโ โ โromanceโ being a degraded term these days for many people, most commonly referring to formulaic fiction about chaotic and improbable couple-love relationships. This is a sad degradation of a word that, in more imaginative times, referred to a much larger quality or feeling of adventure, mystery, something beyond or larger than everyday life โ โyour mission should you choose to accept it,โ as it was expressed in Mission Impossible and The Hobbit.
โRomanceโ has been used to describe our relationship with the Colorado River for more than a century. C. J. Blanchard, a spokesperson for the Bureau of Reclamation in 1918, spoke of the โromance of reclamation,โ observing that โa vein of romance runs through every form of human endeavor.โ The first book compiling the history of the Euro-American exploration of the Colorado River was titled The Romance of the Colorado River. Written by Frederick Dellenbaugh, something of an explorer himself, he first encountered the Colorado River in the company of one of the riverโs greatest romantics, John Wesley Powell, on Powellโs second adventure into the canyon region of the river.
Painting by Henry C. Pitz showing John Wesley Powell and his party descending the Colorado River through the Grand Canyon, presumably during the historic 1869 expedition. (Image credit: Smithsonian Institution, Bureau of American Ethnology)
Now wait a minute, you may say: John Wesley Powell a romantic? Everyone knows he was a scientist! Well, yes, that too. A romanticscientist. Let me try to explain.
Science is a discipline, perhaps summarized in the caution: Look before you leap. Science is the discipline of looking, studying, analyzing for causes in some studies, for effects in others, basically trying to map out what is demonstrably going on in the system or structure being studied. But most scientists will acknowledge being also moved by feelings, convictions, beliefs that lie outside of or beyond the linear relationships of cause and effect explorations. The extreme example might be scientists who believe in a god or gods that oversaw the creation they are studying. More subtly, the very desire to pursue a life in science reflects a belief beyond evidence that the work is important as well as interesting. This is the โromanceโ underlying science and those who pursue it.
The same year Dellenbaugh published his Romance, 1903, another southwestern writer, Mary Hunter Austin, came out with her Land of Little Rain, a poetic collection of her explorations in the deserts of the lower Colorado River region. In that book she offered what might be a cautionary note about โromancing the river.โ In an observation about a small central Arizona tributary of the Colorado River, โthe fabled Hassayampa,โ she reports an unattributed legend: โIf any drink [of its waters], they can no more see fact as naked fact, but all radiant with the color of romance.โ
That could be construed into a kind of spectrum, the โnaked factsโ of any situation at one end, the โradiant colors of romanceโ dressing up the naked facts at the other end. The discipline of science is to stay as close to the โnaked factsโ as possible. But is it a bad thing to allow feelings or beliefs to dress up the naked facts with the radiant color of romance?
Hold that question for a bit, and back to Major John Wesley Powell. Powell was a scientist by nature โ meaning born a curious fellow who collected information about things that made him curious. He studied science in a couple of colleges, but never completed a degree โ partially, probably, because college science was a little too tame. One of his early โfield tripsโ was a solo trip the length of the Mississippi River in a rowboat. Another was a four-month walk across the โOld Northwest Territoryโ state of Wisconsin. Both of those trips pretty unquestionably fall more into the category of โromantic adventuresโ than โscientific expeditions.โ
As a son of an itinerant farmer/preacher immigrant, growing up on farms in rural New York, Ohio and Illinois, he also shared, to some extent, the romantic Jeffersonian vision of โanother America,โ a nation of small decentralized and mostly locally-sufficient communities of farm families โ now just a nostalgic fantasy-vision of nation building that still haunts the imperial urban-industrial mass society that America has become. But trips to the west had convinced Powell that the mostly arid lands of the West were largely unsuitable for the spread of that agrarian vision, without the development of an appropriate system for settlement and land management specifically for the arid lands.
He had ideas about that, things to say, but he was basically just a high-school teacher who spent his summers adventuring west; how could he get a hearing for his concerns and ideas? He needed some way to gain public attention. So he turned his destiny over to his romantic adventurer side: he would do a scientific investigation into one of the remaining blank spots on the continental map, the region beginning where the rivers draining the west slopes of the Southern Rockies disappeared into a maze of canyons, and ending where a river emerged from the canyons โ a river thick with silt and sand, indicating a pretty rough passage through canyons still in the creation stage.
Wallace Stegner. Ed Marston/HCN file photo
Wallace Stegner, in his great book about Powell and the development of the arid lands, Beyond the Hundredth Meridian, credited Powellโs scientific grounding with getting him through his 1869 expedition into the canyons: โThough some river rats will disagree with me, I have been able to conclude only that Powellโs party in 1869 survived by the exercise of observation, caution, intelligence, skill, planning โ in a word, Science.โ
Iโm one of those who disagree with Stegner on that point. The advance planning for the trip sank in the first set of Green River rapids, with the wreckage of one of the boats containing a large portion of both their food supply and scientific instruments. They gradually acquired some skill at negotiating rapids (and knowing when to portage instead), but they started with no skill and paid the price. Observation was limited to the stretch of river before the next bend. Dellenbaugh asked Powell, on the second trip in 1871-72, what he would have done had he come to a Niagara-scale waterfall with sheer walls, no room for portage and no way back upriver. Powell answered, โI donโt know.โ Scientific caution was not a factor in this trip; they leapt before looking because there was no way to look first.
Stegner to the contrary, I would argue they survived the way adventurers survive (and sometimes donโt): a kind of adaptive intelligence, for sure, figuring out how to make rotten bacon and moldy flour edible, how to fabricate replacement oars, how to deal with the unexpected quickly and decisively. But mostly, just gutting it out, keeping spirits from crashing completely with morbid humor and routines โ Powell getting out the remaining instruments to take their bearing rain or shine, getting back in the boats every morning and turning their lives over to the will of the river again.
And it worked out. Ninety-one days after starting, they made national headlines when they floated half-starved into a town near the confluence with the Virgin River. And Powell, a national hero after that, procured a government job doing a โsurveyโ of the Utah territory.
Then Powell the scientist took over โ but the romantic side of his nature shaped his scientific work. The unstated purpose of the western surveys by the 1870s was to map out potential resources for the fast-growing industrial empire โback in the statesโ; Powell covered those bases, but the heart of his 1879 โReport on the Lands of the Arid Regionโฆโ was analysis of the potential of the arid lands for fulfilling Jeffersonโs romantic agrarian vision for America. All agricultural activity, he argued, would require irrigation, and there was only enough water to irrigate many three percent of the land.
John Wesley Powell’s recommendation for political boundaries in the west by watershed
He made a strong case for replacing the Homestead Actโs one-size-fits-all 160-acre homestead allotments with two alternatives for the arid lands: 1) 80-acre allotments for intensive irrigated farming, that being as much as a pre-tractor farm family could successfully tend; or 2) โpasturageโ allotments on unirrigable land of 2,560 acres, four full sections, for stockgrowers, with up to 20 irrigable acres for growing some winter hay and the ubiquitous kitchen garden.He went even further than that: settlement should not be done on a willy-nilly โfirst-come-first-served basisโ; instead each watershed should be developed by an organized ditch company working from a plan assuring that every member got a fair allotment of water and that the water was most efficiently distributed. And the right to use that water should be bound to the land, he said. No selling your water right to some distant city!
Powell did not just recommend this in his report; he included model bills for state and federal legislation. He was of course thoroughly ignored because everything that he suggested was contrary to the romantic mythology of the Winning of the West โ Jeffersonโs legendary โyeomanโ conquering the wilderness, the rugged American individualist going forth with rifle, ax and Bible.
Acequia La Vida via Greg Hobbs.
That American mythology from the start was always โall radiant with the color of romance,โ with very little attention to โthe naked factsโ โ which is the main reason why two out of three homesteads failed as settlement moved into the semi-arid High Plains and the arid interior West. โThe naked factsโ of aridity, on the other hand, had been foundational to the communal land-grant system imported from Spain to Mexico, and it was already known to many of the native peoples already in the Americas: it takes a village and a stream to raise good crops in the arid lands. Powell observed it in the Utah Territory, where the Mormons had borrowed it from the natives and Mexicans.
Powell was philosophical about being ignored โ and kept on pushing. He was โpresent at the creationโ of the United States Geological Survey (USGS) in 1879, the same year he presented his โReport on the Lands of the Arid Region.โ And two years later he became director of the USGS, where he tried to keep both the Agrarian Romanceย andย โthe naked factsโ of aridity front and center. He tried to sell the idea of doing a complete survey of the interior West to map its water resources and the adjacent areas of possibleย successfulย settlement, and he was actually a vote or two from achieving that, and actually shutting down the homesteading process until the study was done. But once some of the senators fronting for the industrialists realized what he was doing, they shut him down with a vengeance โ he quickly realized that to save the USGS, he had to resign from it, and did so in 1894. Western extractive industries depended to some extent on failed homesteaders for their labor supply.
The Powell-Ingalls Special Commission meeting with Southern Paiutes. Photo credit: USGS
Powell was not out of work, however. From his pre-canyon days he had been interested in the First Peoples of the West. While most Euro-Americans saw them, at best, as raw material for conversion to Christianity and industrial labor, and at worse, as vermin to be wiped off the land, Powell saw them as people who had survived and even thrived in the region with Stone Age technology, some still semi-nomadic, some settled in agrarian communities, and therefore people from whom something might be learned. His efforts to communicate with those he encountered in his Utah survey led to the 1877 publication of a book,ย Introduction to Indian Languages โย which led, two years later to the creation of the U.S. Bureau of Ethnology in the Smithsonian Institute with Powell as director โ a position he held until his death in 1902, finally producing the firstย comprehensiveย linguistic survey of indigenous tongues,ย Indian Linguistic Families of America, North of Mexico(1891).
In both ethnology and the geology survey Major Powell established a high standard for government science โ attention to the naked facts while still trying to carry forward what Bruce Springsteen called โthe country we carry in our heartsโ โ the ever evolving, devolving, careening, diverted, perverted, and currently severely damaged Romance of the American Dream. Next post, weโll take a look at what happens when that standard gets out of balance.
But I want to leave you with a Colorado River image of Powell, related in Dellenbaughโs Romance of the Colorado River: there were afternoons in that second voyage in the canyons, in the placid stretches between rapids, when the men would rope the boats together, and Major Powell would sit in his chair on the deck of the Emma Dean and read to them from the romantic adventure stories of Sir Walter Scott. Romancing the River.
A stopover during Powell’s second expedition down the Colorado River. Note Powell’s chair at top center boat. Image: USGS
The so-called โbathtub ringโ, a deposit of pale minerals left behind where reservoir water levels once reached, is shown on the edge of Lake Powell near Page, Arizona on Sunday, Feb. 2, 2025. (Photo by Spenser Heaps for Utah News Dispatch)
With just weeks to decide how to share the Colorado Riverโs shrinking water supply, negotiators from seven states hunkered down in a Salt Lake City conference room.ย
Outside was busy traffic on State Street and South Temple. Inside was gridlock that eased up for a time, only to return, Utahโs chief negotiator, Gene Shawcroft said Tuesday of last weekโs meetings.
The states moved forward on a deal for two-and-a-half days, then went back by almost as far as theyโd come, Shawcroft said.
โI would just tell you that four days is too long. We got tired of each other,โ he said.
Shawcroft reiterated Tuesday what he and his counterparts from the other Colorado River states have said in recent months: They donโt have a deal, but they do have a commitment to keep talking and meet their upcoming February deadline.
The earlier goal was to reach a 20-year deal, but Shawcroft told Utah News Dispatch the states are now working on an agreement for a shorter time frame.
โI think itโll be fairly simple, but I think itโll allow us to operate for the next five years,โ Shawcroft said.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
The river provides water to 40 million people across the U.S. and Mexico, contributing 27% of Utahโs water supply. It is shrinking because ofย drought, [ed. and aridification]overuse and hotter temperatures tied to climate change.
Time for negotiators is also drying up as a Feb. 14 deadline set by the federal government approaches. The current agreement runs through late 2026.
The four Upper Basin states โ Utah, Colorado, New Mexico and Wyoming โ are at odds with the Lower Basin states of Nevada, Arizona and California.
The upstream states donโt want to make mandatory cuts in dry years, saying they typically use much less than theyโre allocated. The downstream states say all seven need to absorb cuts in difficult years.
Conservation groups have criticized the states for not reaching a deal yet, saying โescalating risksโ โ including declining storage in lakes Powell and Mead โ are piling up every month they fail to agree on a plan.
Lake Powell and the Wahweap Marina are pictured near Page, Arizona on Sunday, Feb. 2, 2025. (Photo by Spenser Heaps for Utah News Dispatch)
The debate centers in part on upstream reservoirs like Flaming Gorge on the Utah-Wyoming border and whether theyโll be managed under the new plan.
โLower Basin believes those reservoirs ought to be used at the beck and call of the lower basin to reduce their reductions,โ Shawcroft said at the meeting. โObviously, we think differently.โ
Arizona Gov. Katie Hobbs, for her part, has criticized the upstream statesโ โextreme negotiating posture,โ saying they refuse to participate in any sharing in managing water shortages.
West Drought Monitor map January 13, 2026.
Demand for water is outpacing the riverโs supply, and extended dry periods arenโt helping. At the meeting, board members viewed a map covered in yellow, orange and red, noting the entire Colorado River watershed is experiencing some level of drought.
Earlier this month, the U.S. Bureau of Reclamation, the federal agency that oversees water in the West,released five options for a framework on managing the riverโs biggest reservoirs, Lake Mead in Nevada and Lake Powell on the Utah-Arizona line.
Amy Haas, executive director of the Colorado River Authority of Utah, said she and her colleagues were still reviewing the 1,600-page document but one thing is clear.
โNone of the five can provide what for Utah is really the central consideration for the deal, and that is a waiver of compact litigation,โ Haas said.
States can sacrifice more than just time and money in lawsuits over water use. In Texas, similar litigationgave the federal government more leverage in negotiations.
One of the Bureau of Reclamationโs plans would have Nevada, Arizona and California face potential water shortages. It could go into effect next year if the seven states donโt reach a deal.
โThe river and the 40 million people who depend on it cannot wait,โ Andrea Travnicek, assistant interior secretary for water and science, said in a Jan. 9 statement announcing the five alternatives. โIn the face of an ongoing severe drought, inaction is not an option.โ
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2025. Note the tiny points on the annual data so that you can flyspeck the individual years. Credit: Brad Udall
Secretary Scott Turner (L) with Secretary Doug Burgham (R).
Click the link to read the article on the AZCentral.com website (Brandon Loomis). Here’s an excerpt:
January 17, 2026
Key Points
After negotiators for the seven Colorado River states failed to reach a water-sharing agreement, federal officials have invited governors to continue talks.
The feds may impose their own plan if states cannot agree, potentially leading to major cuts for Arizona, with its junior water rights.
The states face a mid-February timeline to present a “deal in principle” to replace guidelines expiring in September.
Interior Secretary Doug Burgum has invited all seven governors and their negotiators to meet in Washington in late January, [Tom] Buschatzke said. Perhaps getting the governors face-to-face could lead to a breakthrough, he added..The seven states haveย tried unsuccessfully for more than a yearย to reach a voluntary agreement to replace dam-operating guidelines that will expire with the end of the water year in September. The U.S. Bureau of Reclamation has asked states to submit an agreement by Feb. 14. That date falls on a weekend and likely isnโt a hard deadline for every detail in the plan, Buschatzke said, but a โdeal in principleโ probably needs to take shape by then if the states want to control their own destinies.
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2025. Note the tiny points on the annual data so that you can flyspeck the individual years. Credit: Brad Udall
Click the link to read the article on the Summit Daily News website (Ali Longwell). Here’s an excerpt:
January 17, 2026
While the four Upper Basin states in the compact โ Colorado, New Mexico, Utah, and Wyoming โ rely predominantly on snowpack for water supply, the Lower Basin states โ Arizona, California, and Nevada โ rely on releases from Lake Powell and Lake Mead..Itโs not the compact, but the 2007 operational guidelines for Lake Powell and Lake Mead that are being renegotiated as they are set to expire this year. A decision must be made prior to Oct. 1, 2026, according to the Bureau…The federal government, seven states and 30 tribal nations all agree the best path forward is for a consensus between the upper and lower basins. However, with the looming deadline and unresolved disagreements about the future of the river, the Department of the Interior and its subagency, the Bureau of Reclamation, are forging ahead.ย ย
โโโThe Department of the Interior is moving forward with this process to ensure environmental compliance is in place so operations can continue without interruption when the current guidelines expire,โ said Andrea Travnicek, the assistant secretary of water and science for the Bureau of Reclamation, in a news release announcing the agencyโs latest draft options. โIn the face of an ongoing severe drought, inaction is not an option.โ
One of the main disagreementsย throughout negotiationsย has been who should be making cuts to water use. The Lower Basin states have advocated for basin-wide water use reductions. The Upper Basin states, however, have pushed back on the idea, claiming they already face natural water shortages driven primarily by the ups and downs of snowpack…The draft Environmental Impact Statement released by the Bureau of Reclamation last week offersย five optionsย โ including a required โno actionโ alternative and four others โ that represent a broad range of operating strategies. The draftโs publication initiates a 45-day public comment period ending on March 2, 2026.ย In a statement, Scott Cameron, acting lead of the Bureau of Reclamation, said that the federal agency has purposefully not identified a preferred alternative, โgiven the importance of a consensus-based approach to operations for the stability of the system.โย The expectation is that whatever agreement is reached incorporates elements of all five options offered by the Bureau of Reclamation, Cameron added.ย
The five options identified are:
No Actionย
Basic Coordination
Enhanced Coordinationย
Maximum Operational Flexibilityย
Supply Drivenย
Each option offers differing methods for how the Bureau of Reclamation will operate Lake Powell and Lake Mead, particularly under low reservoir conditions; allocate, reduce or increase annual allocations for consumptive use of water from Lake Mead to the lower basin states; store and deliver water that has been saved through conservation efforts; manage and deliver surplus water; manage activities above Lake Powell; and more.ย
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
In order to avoid conflict with Colorado Water Congress the first Aspinall Coordination Meeting of 2026 is being rescheduled.
The next coordination meeting for the operation of the Aspinall Unit is rescheduled for Wednesday, February 11th 2026, at 1:30 pm.
This meeting will be held at the Western Colorado Area Office in Grand Junction, CO. There will also be an option for virtual attendance via Microsoft Teams. A link to the Teams meeting is below.
The meeting agenda will include updates on current snowpack, forecasts for spring runoff conditions and spring peak operations, and the weather outlook.
Lake Powell is seen from the air in October 2022. Three of the management options released by the feds have the option for an Upper Basin conservation pool in Lake Powell.ย CREDIT:ย ALEXANDER HEILNER/THE WATER DESK
Federal officials have released detailed options for how the Colorado River could be managed in the future, pushing forward the planning process in the absence of a seven-state deal. But some Colorado River experts and water managers say cuts donโt go deep enough under some scenarios and flow estimates donโt accommodate future water scarcity driven by climate change.
On Jan. 9, the U.S. Bureau of Reclamation released a draft of its environmental impact statement, a document required by the National Environmental Policy Act, which lays out five alternatives for how to manage the river after the current guidelines expire at the end of the year. This move by the feds pushes the process forward even as the seven states that share the river continue negotiating how cuts would be shared and reservoirs operated in the future. If the states do make a deal, it would become the โpreferred alternativeโ and plugged into the NEPA process.
โGiven the importance of a consensus-based approach to operations for the stability of the system, Reclamation has not yet identified a preferred alternative,โ Scott Cameron, the acting Reclamation commissioner, said in a press release. โHowever, Reclamation anticipates that when an agreement is reached, it will incorporate elements or variations of these five alternatives and will be fully analyzed in the final EIS, enabling the sustainable and effective management of the Colorado River.โ
For more than two years, the Upper Basin (Colorado, New Mexico, Utah and Wyoming) and the Lower Basin (California, Arizona and Nevada) have been negotiating,ย with little progress, how to manage a dwindling resource in the face of an increasingly dry future. The 2007 guidelines that set annual Lake Powell and Lake Mead releases based on reservoir levels do not go far enough to prevent them from being drawn down during consecutive dry years, putting the water supply for 40 million people in the Southwest at risk.
The crisis has deepened in recent years, and in 2022, Lake Powell flirted with falling below a critical elevation to make hydropower. Recent projections from the U.S. Bureau of Reclamation show that it could be headed there again this year and in 2027.
John Berggren, regional policy manager with Western Resource Advocates, helped craft elements of one of the alternatives, Maximum Operational Flexibility, formerly called Cooperative Conservation.
โMy initial takeaway is thereโs a lot of good stuff in there,โ Berggren said of the 1,600-page document, which includes 33 supporting and technical appendices. โTheir goal was to have a wide range of alternatives to make sure they had EIS coverage for whatever decision they ended up with, and I think that there are a lot of innovative tools and policies and programs in some of them.โ
The infamous bathtub ring could be seen near the Hoover Dam in December 2021. The U.S. Bureau of Reclamation has released a draft Environmental Impact Statement for post-2026 management of the river.ย CREDIT:ย HEATHER SACKETT/ASPEN JOURNALISM
Alternatives
The first alternative is โno action,โ meaning river operations would revert to pre-2007 guidance; officials have said this option must be included as a requirement of NEPA, but doesnโt meet the current needs.
The second alternative, Basic Coordination, can be implemented without an agreement from the states and represents what the feds can do under their existing authority. It would include Lower Basin cuts of up to 1.48 million acre-feet based on Lake Mead elevations; Lake Powell releases would be primarily 8.23 million acre-feet and could go as low as 7 million acre-feet. It would also include releases from upstream reservoirs Flaming Gorge, Blue Mesa and Navajo to feed Powell. But experts say this alternative does not go far enough to keep the system from crashing.
โIt was pretty well known that the existing authorities that Reclamation has are probably not enough to protect the system,โ Berggren said. โEspecially given some of the hydrologies we expect to see, the Basic Coordination does not go far enough.โ
Theย Enhanced Coordination Alternativeย would impose Lower Basin cuts of between 1.3 million and 3 million acre-feet that would be distributed pro-rata, based on each stateโs existing water allocation. It would also include an Upper Basin conservation pool in Lake Powell that starts at up to 200,000 acre-feet a year and could increase up to 350,000 acre-feet after the first decade.
Under the Maximum Operational Flexibility Alternative, Lake Powell releases range from 5 million acre-feet to 11 million acre-feet, based on total system storage and recent hydrology, with Lower Basin cuts of up to 4 million acre-feet. It would also include an Upper Basin conservation pool of an average of 200,000 acre-feet a year.
These two alternatives perform the best at keeping Lake Powell above critical elevations in dry years, according to an analysis contained in the draft EIS.
โThere are really only two of these scenarios that I think meet the definition of dealing with a very dry future: Enhanced Coordination and the Max Flexibility,โ said Brad Udall, a senior water and climate research scientist at Colorado State University. โThose two kind of jump out at me as being different than the other ones in that they actually seem to have the least harmful outcomes, but the price for that are these really big shortages.โ
The final scenario is the Supply Driven Alternative, which calls for maximum shortages of 2.1 million acre-feet and Lake Powell releases based on 65% of three-year natural flows at Lees Ferry. It also includes an Upper Basin conservation pool of up to 200,000 acre-feet a year. This option offers two different approaches to Lower Basin cuts: one based on priority where the oldest water rights get first use of the river, putting Arizonaโs junior users on the chopping block, and one where cuts are distributed proportionally according to existing water allocations, meaning California could take the biggest hit.
This alternative is based on proposals submitted by each basin and discussions among the states and federal officials last spring. Udall said the cuts are not deep enough in this option.
โYou can take the supply-driven one and change the max shortages from 2.1 million acre-feet up to 3 or 4 and itโs going to perform a lot like those other two,โ he said. โI think what hinders it is just the fact that the shortages are not big enough to keep the basin in balance when push comes to shove.โ
Reclamationโs Acting Commissioner Scott Cameron speaks at the Colorado River Water Users conference in Las Vegas in December 2025. The agency has released a draft Environmental Impact Statement, which outlines options for managing the river after this year. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM
Pivotal moment
In a prepared statement, Glenwood Springs-based Colorado River Water Conservation District officials expressed concern that the projected future river flows are too optimistic.
โWe are concerned that the proposed alternatives do not accommodate the probable hydrological future identified by reliable climate science, which anticipates a river flowing at an average of 9-10 [million acre feet] a year,โ the statement reads. โThe Colorado River Basin has a history of ignoring likely hydrology, our policymakers should not carry this mistake forward in the next set of guidelines.โ
The River District was also skeptical of the Upper Basin conservation pool in Lake Powell, which is included in three of the alternatives. Despite dabbling in experimental programs that pay farmers and ranchers to voluntarily cut back on their water use in recent years, conservation remains a contentious issue in the Upper Basin. Upper Basin water managers have said their states canโt conserve large volumes of water and that any program must be voluntary.
Over the course of 2023 and 2024, the System Conservation Pilot Program, which paid water users in the Upper Basin to cut back, saved about 101,000 acre-feet at a cost of $45 million.
The likeliest place to find water savings in Colorado is the 15-county Western Slope area represented by the River District. But if conservation programs are focused solely on this region, they could have negative impacts on rural agricultural communities, River District officials have said.
โAdditionally, several alternatives include annual conservation contributions from the Upper Basin between [200,000 acre-feet] and [350,000 acre feet],โ the River Districtโs statement reads. โWe do not see how that is a realistic alternative given the natural availability of water in the Upper Basin, especially in dry years.โ
In a prepared statement, Colorado officials said they were looking forward to reviewing the draft EIS.
โColorado is committed to protecting our stateโs significant rights and interests in the Colorado River and continues to work towards a consensus-based, supply-driven solution for the post-2026 operations of Lake Powell and Mead,โ Coloradoโs commissioner, Becky Mitchell, said in the statement.
The release of the draft EIS comes at a pivotal moment for the Colorado River Basin. The seven state representatives are under the gun to come up with a deal and have less than a month to present details of a plan by the fedsโ Feb. 14 deadline. Federal officials have said they need a new plan in place by Oct. 1, the start of the next water year. This winterโs dismal snowpack and dire projections about spring runoff underscore the urgency for the states to come up with an agreement for a new management paradigm.
Over a string of recent dry years, periodic wet winters in 2019 and 2023 have bailed out the basin and offered a last-minute reprieve from the worst consequences of drought and climate change. But this year is different, Udall said.
โWeโre now at the point where weโve removed basically all resiliency from the system,โ he said. โBetween the EIS and this awful winter, some really tough decisions are going to be made. โฆ Once we finally get to a consensus agreement, the river is going to look very, very different than it ever has.โ
The draft EIS will be published in the Federal Register on Jan.16, initiating a 45-day comment period that will end March 2.
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2025. Note the tiny points on the annual data so that you can flyspeck the individual years. Credit: Brad Udall
Just over a month before the deadline for the Colorado River states to agree on a plan for sharing the riverโs diminishing waters, the feds released their options, one of which could be implemented if the states donโt reach a deal. The Bureau of Reclamationโs โPost-2026 Operational Guidelines and Strategies for Lake Powell and Lake Meadโ offers five alternative scenarios for how to run the river, all of which are aimed at keeping the two reservoirs viable through different methods of divvying up the burden of inevitable shortages in supply.
The document, and the need to deal with present and future shortages, is necessary because human-caused climate change-exacerbated aridification has diminished the Colorado Riverโs flow, throwing the supply-demand equation out of balance. So it is somewhat surreal to peruse the voluminous report that was published by an administration whose leader has called climate change a โhoaxโ and a โcon job.โ
My cursory search of the document turned up only one occurrence of the term โclimate change.โ1ย Yet the authors do acknowledge, if obliquely, that global warming is shrinking the river. โThe Basin is experiencing increased aridity due to climate variability,โ they write, โand long-term drought and low runoff conditions are expected in the future.โ This tidbit also evaded the censors: โSince 2000, the Basin has experienced persistent drought conditions, exacerbated by a warming climate, resulting in increased evapotranspiration, reduced soil moisture, and ultimately reduced runoff.โ
All of the alternatives put most of the burden of cutting consumptive use on the Lower Basin states, while directing the Upper Basin to take unspecified conservation measures. Iโll summarize the alternatives below, but first, it seems telling to see which which proposed alternatives the Bureau considered, but ultimately eliminated from detailed analysis.
The โboating alternative,โ which would prioritize maintaining Lake Powellโs surface level at or above 3,588 feet to serve recreational boating needs. This proposal was put forward in the โPath to 3,588โ plan by motorized recreation lobbying group BlueRibbon Coalition. It was dismissed because, basically, it would sacrifice downstream farms and cities for the sake of boating.
The ecosystem alternative, which would prioritize the Colorado Riverโs ecosystem health by focusing management and reducing consumptive human use to protect wildlife, vegetation, habitats, and wetlands.
One-dam alternative, a.k.a. Fill Mead First. This proposal would entail either bypassing or decommissioning Glen Canyon Dam with the aim of filling Lake Mead. The Bureau said they rejected the plan because it would be inconsistent with the Law of the River and might be unacceptable to stakeholders (even though some Lower Basin farmers got a little Hayduke-fever a couple of years back, suggesting thatย ridding Glen Canyon of the damย might be the best way to manage the river).
Okay, so thatโs whatโs NOT going to happen. So what might happen if the feds feel the need to intervene? Hereโs a very short summary of each alternative:
No Action: This is always offered in these things, and it just means that they would revert back to the pre-2007 interim guidelines era, when releases from Lake Powell were fixed at an average of 8.23 million acre-feet per year and shortages were determined based on Lake Mead levels and would be distributed based on priority.
Basic Coordination Alternative: Lake Powell releases would range from 7 to 9.5 maf annually, based on the reservoirโs surface level, and releases from upper basin reservoirs would be implemented to protect Glen Canyon Damโs infrastructure. Lower Basin shortages (and cuts) would be based on Lake Mead elevations and would be distributed based on water right priority (meaning Arizona gets cut before California).
Enhanced Coordination Alternative: Lake Powell annual releases would range from 4.7 maf to 10.8 maf, based on: a combination of Powell and Mead elevations; the 1-year running average hydrology; and Lower Basin deliveries. The Upper Basin would implement conservation measures to bolster Lake Powell levels if needed, and the Lower Basin shortages would range from 1.3 maf (when Mead and Powell, combined, are 60% full) to 3.0 maf (when Mead and Powell are 30% full or lower) annually. The Lower Basin shortages would be distributed proportionally, meaning that California โ which has the largest allocation โ would take 49% of the cuts, Arizona 31%, Nevada 3.3%, and Mexico 17%.
Maximum Operational Flexibility Alternative: Lake Powell annual releases would range from 5 maf to 11 maf, based on total Upper Basin system storage and recent hydrology. But when Lake Powellโs surface level drops to 3,510 feet, Glen Canyon Dam would be operated as a โrun of the riverโ facility, meaning that it would release only as much as what it running into the reservoir minus evaporation and seepage to keep the elevation from dropping further. Lower Basin shortages would be on a sliding scale, starting when Powell and Mead drop below 80% full, reaching 1 maf when the two reservoirs are 60% full. When the reservoirs drop below 60%, then shortages would be determined by the previous 3-year flows at Lee Ferry, topping out at a maximum shortage of 4 maf. Shortages would be distributed according to priority and proportionally.
Supply Driven Alternative: This one is based on the amount of water that is actually in the river (go figure!). Lake Powell releases would range from 4.7 maf annually to 12 maf, or about 65% of the 3-year natural flows at Lees Ferry. Lower Basin shortages would kick in when Lake Meadโs surface elevation drops below 1,145 feet, reaching a maximum of 2.1 maf at 1,000 feet and lower. (As of Jan. 12, Meadโs level was 1,063 feet). Shortages would be distributed according to priority and proportionally.
The estimated โnatural flowโ at Lee Ferry. Some of the alternatives would base Lake Powell releases on recent average natural flows at Lee Ferry. If the recent past is an indicator of whatโs to come, we could expect a relatively minuscule amount of water running through the Grand Canyon to the Lower Basin states. Source: Bureau of Reclamation.
The Lower Basin states reportedly arenโt too happy about any of the alternatives, because they put most of the onus for cutting consumption on the Lower Basin. Under the Maximum Flexibility option, for example, Lower Basin shortages could go as high as 4 million acre-feet, or about half of those statesโ total annual consumptive use. And under another, California alone could have to cut up to 1.5 million acre-feet of water use, which could trigger litigation, since California users have some of the most senior rights on the river. Some of the alternatives would potentially nullify the Colorado Compactโs clause ordering the Upper Basin to โnot cause the flow of the river at Lee Ferry to be depleted below an aggregate of 75 maf for any period of ten consecutive years.โ
The Bureau does not pick a โpreferredโ alternative, like federal agencies typically do with environmental impact statements, leaving readers guessing about which option or combination of options might be chosen should the need arise. But it also gives more room for the states to reach some sort of agreement to pick an option from the provided list.
* It is found in the Hydrologic Resources section: โWhile the flows in the Colorado River would not affect groundwater in the region, changes to the groundwater systems in the Grand Canyon due to climate change may be an additional environmental factor that affects flows in the Colorado River.โ
The snowpack remains dismal in most of the West, and itโs not just because of lack of precipitation.ย In fact, itโs probably more due to the crazy-warm temperatures. The average temperatures across the Interior were way above normal in November and December, as the map below shows. And Januaryโs similarly unseasonably balmy so far. Yikes.
Precipitation levels were mixed across the West during late autumn and early winter, but temperatures were warmer than normal across the entire region, diminishing snowpack and leading to rather unwintery conditions. Source: NOAA.
๐ต Public Lands ๐ฒ
Last week the new public lands media outlet, RE:PUBLIC, warned readers of โmajor shrinkageโ this year. They meant, of course, that the Trump administration will probably get around to eliminating or eviscerating at least one national monument in the next twelve months. Itโs probably a pretty safe bet, given that in Trumpโs first term he shrank Bears Ears and Grand Staircase-Escalante national monuments, and Project 2025, which the administration has hewn closely to, calls for even more reductions.
Indeed, Iโm surprised they havenโt already moved to eliminate some of these protected areas, especially the more recently designated ones like Bears Ears, Baaj Nwaavjo Iโtah Kukveni-Ancestral Footprints of the Grand Canyon National Monument, or Chuckwalla National Monument in California. An optimist might hope that the Trump administration has realized how deeply unpopular this would be, or has come to terms with the fact that the Antiquities Act only allows presidents to establish national monuments, not eliminate them. But I think itโs more likely they were simply too busy dismantling other environmental safeguards โ and, for that matter, democracy โ to get around to diminishing national monuments.
I was a little surprised by RE:PUBLICโs list of vulnerable national monuments, however. It included Bears Ears et al, which makes sense, but then also speculates about other โlikely targets, due to their proximity to energy and mining interests,โ including: Aztec Ruins, Dinosaur, Hovenweep, and Natural Bridges national monuments.
I hate trying toย predict what the Trump administration will doย in the future, but Iโm going to go out on a limb here and say that these particular national monuments are not in the administrationโs crosshairs. While these protected areas are close to energy-producing areas, and probably have some oil and gas, uranium, lithium, and/or potash producing potential, they simply offer too little to the extractive industries to make it worth the political blowback from eviscerating them.
Hovenweep National Monument. Jonathan P. Thompson photo
For those who may be unfamiliar with these places, Iโll take each one individually:
Aztec Ruins:ย First off, this tiny national monument adjacent to the residential neighborhoods of Aztec, New Mexico, is an amazing place and well worth the visit. The Puebloan structures here are built in the style of Chacoan great houses, and the community โ which was established at the end of Chacoโs heyday โ may have been become succeeded Chaco as a regional cultural and political center. It is in the San Juan Basin coalbed methane fields and is surrounded by gas wells. In fact, there are a few existing, active wells within the monument boundaries. But no one is champing at the bit to drill any new wells in this region, and they certainly donโt need to do so in this tiny monument.
Dinosaur National Monument, in northwestern Colorado, is probably somewhat vulnerable, given its size and proximity to oil and gas fields. But again, thereโs not a whole lot of new drilling going on in the area. It was established in 1915 to protect dinosaur quarries โ clearly in tune with the Antiquities Act โ so shrinking it would be met with serious bipartisan political pushback.
When Warren G. Harding designatedย Hovenweep National Monumentย in 1923 to protect six clusters of Puebloan structures in southeastern Utah from development and pothunters, he strictly followed the Antiquities Actโs mandate to confine its boundaries to โthe smallest area compatible with proper care and management of the objects to be protected.โ As such, the boundaries of each โunitโ is basically drawn right around the pueblo and a small area of surroundings, leaving little room for shrinkage. Though it lies on the edge of the historically productive Aneth Oil Field, oil and gas drillers have no need to get inside the boundaries to get at the hydrocarbons. Besides, Trump and Harding have a lot in common, so Trumpโs not likely to want to erase his predecessorโs legacy.
Natural Bridges: Itโs odd to me that this one, which is currently surrounded by Bears Ears National Monument, is included on this list. Yes, there are historic uranium mines nearby, and yes, White Canyon, where the monumentโs namesake formations are located, was once considered for tar sands and oil shale development. But the small monument itself โ which was designated by Teddy Roosevelt in 1908 โ is not getting in the way of any of this sort of development. Itโs much more likely that Trump would remove the White Canyon area from Bears Ears National Monument, as he did during his first term, potentially opening the area around Natural Bridges back up to new uranium mining claims, while leaving the national monumentโs current boundaries intact.
So, in summary: Donโt fret too much about these national monuments getting eliminated or shrunk anytime soon. And for now, maybe we shouldnโt worry about any national monument shrinkage. It is possible that Trump wonโt go there this term. Trump shrunk Bears Ears and Grand Staircase-Escalante during his first term in part out of spite toward Obama and Clinton, but also to get then-Sen. Orrin Hatchโs legislative support. That the shrinkage also re-opened some public lands to new mining claims and drilling was a secondary motivation.
This time around, Trump has come up with far more generous gifts for the mining and drilling companies, and much more sinister ways to attack his political adversaries. Besides, heโs got his eyes on much bigger prizes โ like Greenland.
1 * The single use of the term โclimate changeโ is found in the Hydrologic Resources section: โWhile the flows in the Colorado River would not affect groundwater in the region, changes to the groundwater systems in the Grand Canyon due to climate change may be an additional environmental factor that affects flows in the Colorado River.โ
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
The Government Highline Canal, in Palisade. The Government Highline Canal near Grand Junction. The Grand Valley Water Users Association, which operates the canal, has been experimenting with a program that pays water users to fallow fields and reduce their consumptive use of water. Photo: Brent Gardner-Smith/Aspen Journalism
Click the link to read the article on The Denver Post website (Elise Schmelzer). Here’s an excerpt:
January 15, 2026
Absent a crucial but elusive consensus among the sevenย Colorado Riverย states, federal authorities are forging ahead with their own ideas on how to divvy up painful water cuts as climate change diminishes flows in the critical river. The Bureau of Reclamation last week made public a 1,600-page behemoth of a document outlining five potential plans for managing the river after current regulations expire at the end of this year. The agency did not identify which proposal it favors, in hopes that the seven states in the river basin will soon come to a consensus that incorporates parts of the five plans. But time is running out. The states โ Colorado, Wyoming, Utah, New Mexico, California, Arizona and Nevada โย already blew past a Nov. 11 deadlineย set by federal authorities to announce the concepts of such a plan. They now have until Feb. 14 to present a detailed proposal for the future of the river that makes modern life possible for 40 million people across the Southwest. They were set to meet this week in Salt Lake City to continue negotiations. Federal authorities must finalize a plan by Oct. 1…
โThe Department of the Interior is moving forward with this process to ensure environmental compliance is in place so operations can continue without interruption when the current guidelines expire,โ Andrea Travnicek, the assistant secretary for water and science at the Department of the Interior, said in a news release announcing the document. โThe river and the 40 million people who depend on it cannot wait. In the face of an ongoing severe drought, inaction is not an option.โ
A 45-day public comment period opens Friday onย the proposed plansย for managing the river system, contained in a document called a draft environmental impact statement. The current operating guidelines expire at the end of 2026, but authorities need a replacement plan in place prior to the Oct. 1 start to the 2027 water year. The water year follows the water cycle, beginning as winter snowpack starts to accumulate and ending Sept. 30, as irrigation seasons end and water supplies typically reach their lowest levels…
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2025. Note the tiny points on the annual data so that you can flyspeck the individual years. Credit: Brad Udall
Already, Lake Mead โ on the Arizona-Nevada border โ and Lake Powell are only 33% and 26% full, respectively. Projections from the Bureau of Reclamation show that, in a worst-case scenario, Powellโs waters could fall below the level required to run the damโs power turbines by October and remain below the minimum power pool until June 2027. Experts monitoring the yearslong effort to draft new operating guidelines said any plan implemented by Reclamation must consider the reality of a river with far less water than assumed when the original river management agreements were signed more than a century ago.
Water forecasts for the Colorado River are grim going into 2026 as several bad trends are converging. The Colorado Basin River Forecast Center (CBRFC) cited snowpack levels that are lagging badly, dry ground conditions that will soak up moisture that falls, and snow cover statistics that are the lowest on record since satellite monitoring started in 2001. CBRFC water scientist Cody Moser said conditions are โextremely poorโ right now. He spoke during a webinar on Thursday morning. The two biggest factors in the CBRFCโs forecasts are snowpack levels and soil conditions. Storms that soaked California in November and December didnโt continue on to the Colorado Rockies, and that meant a slow start on building the foundation for a good snowpack to feed the river before it flows to Lake Powell and down the Grand Canyon to Lake Mead…Water flowing into Lake Powell this year is expected to be 57% of normal levels, and those โnormalโ levels are based on 30-year averages that include a 25-year megadrought.
Left: January 1, 2026 SWE – NRCS SNOTEL observed (squares) and CBRFC hydrologic model. Right: CBRFC hydrologic model SWE condition summary.
Incorporating instream flow uses into municipal water supply planning efforts can provide numerous public benefits. This article discusses the framework and opportunity for collaborative instream flow protection in municipal water supply operations.
Coloradoโs instream flow program is a dynamic approach to protecting the natural environment that encourages practical and creative solutions to evolving environmental concerns. While water rights typically involve diverting water from the stream, the instream flow program protects water in the stream. Environmental values associated with instream flow uses can work synergistically with municipal water supply operations to realize several public benefits, such as improved water quality, riparian health, urban cooling, resiliency, recreational opportunities, and aesthetic value. As illustrated by the examples discussed later in this article, the instream flow program can facilitate cooperative agreements with municipal water providers for shared beneficial use of our stateโs most precious resource.
Water Rights and the Prior Appropriation Doctrine in Colorado
The prior appropriation doctrine governs the ownership and use of water and water rights in Colorado. In simple terms, the prior appropriation system is described as โfirst in time, first in right.โ A water user that has demonstrated an intent to put water to beneficial use first has a vested and prior right to use water in that amount against subsequent water users. This system developed out of necessity during the colonial expansion westward and was influenced by Spanish settlers and early miners to allocate water in the arid environment of Colorado, as an alternative to the more common riparian system of water rights based on land ownership abutting water ways.1
The prior appropriation doctrine has been enshrined in the Colorado Constitution. Article XVI, ยง 5 dedicates water in Colorado as public property for use by the people, subject to appropriation, and ยง 6 gives the right to appropriate water for beneficial use in priority.2ย The 1969 Water Rights Determination and Administration Act (1969 Act) provides the legal framework for surface and tributary ground water distribution and use under the prior appropriation doctrine.3
An appropriation of a water right under the 1969 Act, as originally codified, meant โtheย diversionย of a certain portion of the waters of the state and the application of the same to a beneficial use.โ4ย Similarly, beneficial uses were limited to diversions of water from the stream system for extractive uses such as domestic or municipal, irrigation, and manufacturing or industrial activities.5ย Environmental uses of water, including instream flows, were not initially addressed in the 1969 Act but were later incorporated through amendments.6
Colorado Instream Flow Program
The Colorado Water Conservation Board (CWCB) was first established by the Colorado legislature in 1937 to protect and develop Coloradoโs water resources for the benefit of present and future generations.7ย It was not until the national environmental movement in the late 1960s, however, that discussions regarding the value of instream flows and role of the CWCB in the protection of such flows began to garner serious attention and focus.8ย In 1973, those discussions culminated in the passage of SB 97 to create the Colorado Instream Flow and Natural Lake Level Program.9ย SB 97 was unprecedented at the time and amended the 1969 Act to define beneficial use of a water right to include use by the CWCB for protection of stream flows within a specified reach without a diversion of water from the stream.10
Under the instream flow program, the CWCB has exclusive authority to hold a water right for instream flow uses in Colorado and may appropriate water rights or acquire existing water rights for instream flow, provided that it determines that such water rights are necessary to preserve or improve the natural environment to a reasonable degree.11ย Since the programโs inception, the CWCB has appropriated nearly 1,700 instream flow rights across 9,700 miles of stream and completed over 35 water acquisition transactions.12
The General Assembly has reinforced and expanded the CWCBโs ability to acquire water rights for instream flow purposes on several occasions.13ย Acquiring and changing senior water rights for instream flows in over-appropriated systems can add great value by preserving the priority date, and therefore the availability, of the water for greater instream flow protection.14ย Acquisitions can be donated to or purchased by the CWCB, and the statutory language specifically anticipates potential acquisitions from governmental entities, like municipalities.15ย Other free-market developments to the Colorado instream flow program enacted by the state legislature over the years include streamlined processes for loans of water rights for instream flow use, instream flow protection for mitigation releases, and stream flow augmentation plans.16ย These developments provide additional opportunities for water users, including municipalities, to participate in the program in support of instream flows.
In addition to implementing the instream flow program, the CWCB is tasked with creating the Colorado Water Plan, which addresses the stateโs water challenges through collaborative water planning, including expanded opportunities for instream flow protection.17
Case Studies Along the Front Range
The instream flow program providesย reasonableย protection of the environment for benefit of the public and is emphasized in the Colorado Water Plan as a balanced approach to addressing environmental needs in the face of climate change.18ย Similarly, municipal water service providers, acting in the interest of their respective jurisdictions, must often balance water supply with other public interests. Municipal water projects and water supply planning efforts can be designed to address multiple needs and related uncertainties across a jurisdiction, informed by integrated planning efforts. The various public interests typically considered by municipalities may align with instream flow protection in many respects. The Colorado Water Plan includes several policy considerations that highlight this potential overlap between municipal water interests and instream flows.19
Fundamentally, the Colorado Water Plan encourages a holistic, collaborative approach to water management that balances multiple uses and benefits to meet water shortages throughout the state.20ย As competition for water resources in Colorado becomes more pronounced with increased demands and costs, the benefits of water sharing and collaboration will also likely increase.21ย The Colorado Water Plan focuses on thriving watersheds as an action area to support stream health, recreational uses, resiliency, erosion control, and water quality, all of which provide tangible benefits to municipal water service providers.22ย Accordingly, more water in the stream system for instream flows can be a natural complement to a municipality seeking to balance growing water demands with related public interests. The following examples demonstrate how instream flow uses can benefit municipal water supply, and vice versa, to realize this balance in a meaningful way.
Boulder Creek Instream Flow Project
The Boulder Creek instream flow project is a long-standing cooperative project that has been operating in Boulder County for almost 35 years. This project has operated successfully due in large part to the partnership between the City of Boulder and the CWCB and their collaboration with neighboring water users in Boulder County to support environmental stream flows and other uses in the creek.
In the early 1990s, Boulder donated a suite of valuable senior water rights to the CWCB to establish a year-round instream flow program on North Boulder and Boulder Creeks.23ย The acquisition was memorialized in a series of donation agreements between Boulder and the CWCB pursuant to CRS ยง 37-92-102(3), following certain legislative amendments throughout the 1980s that clarified and enhanced the CWCBโs acquisition authority for instream flows.24 Boulder and the CWCB, as co-applicants, also received a water court decree to change the use of the donated rights to include instream flow uses for the project.25
Figure 1. Map depicting locations of instream flow protected reaches along Boulder Creek. Image created by the City of Boulder (Oct. 2018).
The Boulder Creek instream flow project protects three segments from below the Silver Lake Reservoir near the headwaters of North Boulder Creek down to 75th Street in Boulder County (see fig. 1). The donated rights include reservoir releases, bypassed diversions, and changed irrigation ditch shares to support instream flows throughout the year. As part of its donation to the CWCB, Boulder retained the right to use water available under the donated rights (1) for municipal purposes under certain conditions, including drought and emergency conditions in its municipal water supply operations; (2) for municipal purposes anytime they are not needed to meet instream flow amounts; and (3) for beneficial reuse downstream of the protected reaches.26ย This provides operational flexibility for the cityโs municipal water supply while also supporting instream flow uses by the CWCB in most years. Its participation in the Boulder Creek instream flow program has also helped the city address US Forest Service regulatory requirements for bypasses related to its diversions from North Boulder Creek as part of federal permitting for one of its raw water pipelines.27
The City of Boulder has a long-standing environmental ethos that incorporates instream flows into its water supply planning and operations. Boulderโs water supply planning documents from the 1980s identified the goal of supporting instream flows in Boulder Creek to enhance aquatic and riparian ecosystems, reflecting city plannersโ prediction that dry-up periods in the creek would become more severe and frequent with increased water demands.28ย Subsequent Boulder water supply and land use planning documents have included similar goals focused on balancing instream flows and environmental preservation with municipal water demands and operations, and emphasizing the connection between stream health and reliable drinking water supplies.29
Because the protected stream segments run through the Boulder city limits, and extend both above and below the city, the project benefits water quality, riparian health, and resiliency in the Boulder municipal watershed and water system operations and provides additional environmental benefits to the larger Boulder County community.
Gross Reservoir Environmental Pool Project
The cities of Boulder and Lafayette entered into an intergovernmental agreement in 2010 with Denver Water to establish a 5,000 acre-foot environmental pool in an enlarged Gross Reservoir to augment stream flows in South Boulder Creek.30ย Boulder recognized the need to address low flows on South Boulder Creek as a key goal in its planning documents and identified Denver Waterโs planned expansion of Gross Reservoir as an opportunity to use upstream storage to establish a robust instream flow program. Lafayette similarly identified Gross Reservoir for potential water storage in its water rights decrees, providing both a water supply and environmental benefit to its operations. The parties proactively agreed to cooperate to mitigate the reservoir expansionโs impacts to aquatic resources in the South Boulder Creek basin by creating and operating the environmental pool.31
Coordinated with municipal water system operations, releases from the environmental pool will allow Boulder and Lafayette to store their decreed water rights for later release to meet specific target flows below Gross Reservoir in South Boulder Creek throughout the year. The segments identified for the target flows include Gross Reservoir to South Boulder Road (Upper Segment, depicted as segments 1 and 2 in fig. 2) and South Boulder Road to the confluence with Boulder Creek (Lower Segment, depicted as segment 3 in fig. 2).32ย The agreement also includes provisions to address emergencies such as extended drought or an unexpected problem with water storage, conveyance, or treatment infrastructure to allow for flexibility in operations to meet both target flows and municipal needs.
Boulderโs releases from the environmental pool are protected as instream flows according to a Water Delivery Agreement with the CWCB dated September 9, 2019, and a water court decree entered for Boulder, Lafayette, and the CWCB.33ย Water released by Boulder to meet the target flows will be protected for instream flow uses to the extent that such flows do not exceed the amounts that CWCB has determined to be appropriate to preserve the natural environment to a reasonable degree in South Boulder Creek. Boulderโs target flow releases will support CWCBโs existing appropriated instream flow rights up to the specified amounts (see fig. 2). Boulder may then redivert the water downstream of the protected reaches for its municipal uses.
The environmental pool will provide permanent, dedicated storage for water rights owned by Boulder and Lafayette to be released to enhance stream flows in South Boulder Creek prior to downstream uses for municipal purposes by the parties. These operations provide added flexibility, resiliency, and redundancy to the citiesโ respective water supply systems. In turn, the enhanced stream flows will benefit 17.3 miles of South Boulder Creek, including Eldorado Canyon State Park, South Boulder Creek Natural Area, and City of Boulder open space lands, and will support native fish populations and riparian and wetland habitats.
Figure 2. Map depicting target flows and reaches for enhanced stream flows on South Boulder Creek. Image created by the City of Boulder (Aug. 7, 2018).
Poudre Flows Project
The Poudre Flows Project is the first stream flow augmentation plan developed pursuant to CRS ยง 37-92-102(4.5).34ย It is a partnership amongst the CWCB; municipalities of Fort Collins, Thornton, and Greeley; Colorado Water Trust; Northern Colorado Water Conservancy District; Cache la Poudre Water Users Association; and Colorado Parks and Wildlife. The project will augment stream flows through a 52-mile reach of the Cache la Poudre River, with an overarching goal to improve river health (see fig. 3).35ย The concept was first envisioned as part of the Poudre Runs Through It working group, a collaborative group of diverse partners and stakeholders in the Poudre River.36ย The City of Fort Collins planning priorities incorporate similar goals, including to โ[p]rotect community water systems in an integrated way to ensure resilient water resources and healthy watersheds.โ37
The project anticipates that the CWCB, through agreements with water right owners, including Fort Collins and Greeley, will use previously changed and quantified water rights owned by these municipalities and potentially others to augment stream flows in six segments of the Poudre River spanning from Canyon Gage to the confluence with the South Platte River.38ย Besides the instream flow protection of the environment to a reasonable degree, project partners have identified numerous additional benefits such as connectivity for fish passage and decreased temperatures and nutrient concentrations, all while avoiding impacts to existing water rights and operations.39
By integrating water supply planning with a holistic approach to water development and management that provides multiple public benefits, municipalities can become strong partners with the CWCB. Together, they can help protect instream flows and balance growing water demands and future uncertainties with the environmental values that make Colorado a beautiful place to live.
1. See generallyCoffin v. Left Hand Ditch Co., 6 Colo. 443, 447 (Colo. 1882).
2. Colo. Const. Art. XVI, ยงยง 5โ6. See also Colo. River Water Conservation Dist. v. CWCB, 594 P.2d 570, 573 (Colo. 1979) (โThe reason and thrust for this provision was to negate any thought that Colorado would follow the riparian doctrine in the acquisition and use of water.โ).
9. SB 97, 49th Gen. Assemb., Reg. Sess. (Colo. 1973). See CRS ยง 37-92-102(3).
10. Bassi, supra note 6 at 398. See also Colo. River Water Conservation Dist., 594 P.2d at 576. SB 97 was carefully drafted to provide environmental protection through the CWCB, as a fiduciary to the public, without inviting riparian rights for adjacent landowners. Id. The Colorado Supreme Court reiterated this important distinction in St. Jude Co. v. Roaring Fork Club, LLC, 351 P. 3d 442 (Colo. 2015), ruling that a diversion from a steam for private instream flows is a โforbidden rightโ contrary to the prior appropriation doctrine; only the CWCB, with strict limitations identified by the general assembly, can hold an instream flow right for the benefit of the public. Id. at 451.
11. CRS ยง 37-92-102(3) (The CWCB is โvested with exclusive authority, on behalf of the people of the state of Colorado, to appropriate . . . such waters of natural streams . . . as the board determines may be required for minimum streamflows . . . to preserve the natural environment to a reasonable degree.โ The board also may acquire water rights โin such amount as the board determines is appropriate for streamflows . . . to preserve or improve the natural environment to a reasonable degree.โ). Legislation enacted in 2002 expanded the Colorado instream flow program to provide that water rights may also be used by the CWCB to improve the natural environment (and not just for preservation purposes). Bassi, supra note 6 at 391.
13. See Bassi, supra note 6 at 405โ06, 417โ18.
14. Id. at 406. The Colorado Water Trust was formed in 2001 to support Coloradoโs instream flow program by promoting voluntary, market-based efforts to restore stream flows in Coloradoโs rivers. The Water Trust has been instrumental in facilitating and streamlining the acquisition of water rights from willing partners for use by the CWCB. Seehttps://coloradowatertrust.org.
16. See generally CRS ยงยง 37-83-105, 37-92-102(8), 37-92-102(4.5).
17. The Colorado Water Plan was adopted by the CWCB in 2023 as a framework for decision-making to address water challenges and build resiliency in the state. The 2023 Water Plan is an update to the first iteration of the plan released in 2015. Seehttps://cwcb.colorado.gov/colorado-water-plan.
18. SeeSt. Jude Co., 351 P. 3d at 449 (in its use of water for instream flows, the CWCB has a โโstatutory fiduciary dutyโ to the people . . . to both protect the environment and appropriate only the minimum amount of water necessary to do so . . . .โ).
20. See id. at 217โ19, 231, 233 (โAll areas of the Water Plan are interconnected, and projects need to consider multi-purpose, multi-benefit solutions.โ).
21. See id. at 217 (โMulti-purpose projects better address water supply challenges across municipal, agricultural, environmental, and recreation sectors as they occur.โ).
22. See id. at 181, 204โ07 (stream health and related environmental benefits can enhance municipal supply or improve the quality of life in urban areas).
23. See Decree, In re Application for Water Rts. of the Colo. Water Conservation Bd. on Behalf of the State of Colo. and Water Rts. of the City of Boulder, No. 90CW193 (Colo. Water Div. 1, Dec. 20, 1993).
30. See Decree, In re Application for Water Rts. of City of Lafayette, City of Boulder, and Colo. Water Conservation Bd. in Boulder Cnty., No. 17CW3212 (Colo. Water Div. 1, Feb. 11, 2021). The author represented the City of Boulder in Case No. 17CW3212 and was involved in prosecuting the case and negotiating the underlying agreement with CWCB.
31. Denver Waterโs enlargement of Gross Reservoir is the subject of pending litigation.
32. The target flows and target reaches are based on previously collected data and analysis by Colorado Parks and Wildlife using the R2Cross method, which supported CWCBโs previous instream flow appropriations.
38. See Application, In reApplication for Water Rts. of Cache La Poudre Water Users Assโn, City of Fort Collins, City of Greeley, Colo. Water Tr., N. Colo. Water Conservancy Dist., City of Thornton and Colo. Water Conservation Bd. in Larimer and Weld Cntys., No. 21CW3056 (Colo. Water Div. 1 Apr. 29, 2021).
Click the link to read the article on the Pagosa Springs Sun website (Clayton Chaney and Randi Pierce). Here’s an excerpt:
January 7, 2026
Snowpack and stream flow
According to data from the Natural Resource Conservation Services (NRCS), as of 1 p.m. on Wednesday, Jan. 7, the Wolf Creek Pass site at 10,930 feet had a snow water equivalent of 7.6 inches, compared to that dateโs median of 15.5 inches. This is up from the Dec. 31, 2025, report of 7 inches. The current amount is 49 percent of that dateโs median snow water equivalent…The San Miguel, Dolores, Animas and San Juan River basins were measured to be at 49 percent of its 30-year median snowpack as of December 31, 2025, and at 56 percent on January 7, 2026…
In Pagosa Springs, U.S. Geological Survey for the San Juan River at Pagosa Springs has showed record flows multiple times since the start of the year. For example, at 9 a.m. on Jan. 2, the river was running at 128 cubic feet per second (cfs), which compares to a median of 53 cfs and a previous high of 118 in 1986. At 11 a.m. on Jan. 5, the river was running at 119 cfs, which compares to a median for that date of 54.5 cfs and a previous max value of 116 in 1987. By 11 a.m. on Wednesday, Jan. 7, the river was flowing at 111 cfs. The Jan. 7 median is 55, and the record high is 116 cfs, which was recorded in 1987. According to the U.S. Drought Monitorโs most recent map released on Dec. 31, 2025, 100 percent of Archuleta County is in an โabnormally dryโ drought stage.
The Bureau of Reclamation today released a draft Environmental Impact Statement evaluating a range of operational alternatives for managing of Colorado River reservoirs after 2026, when the current operating agreements expire. The draft EIS evaluates a broad range of potential operating strategies. It does not designate a preferred alternative, ensuring flexibility for a potential collective agreement.
Prolonged drought conditions over the past 25 years, combined with forecasts for continued dry conditions, have made development of future operating guidelines for the Colorado River particularly challenging.
โThe Department of the Interior is moving forward with this process to ensure environmental compliance is in place so operations can continue without interruption when the current guidelines expire,โ Assistant Secretary – Water and Science Andrea Travnicek said. “The river and the 40 million people who depend on it cannot wait. In the face of an ongoing severe drought, inaction is not an option.โ
ย The draft EIS evaluates a broad range of operational alternatives for post-2026 reservoir management informed through input and extensive collaborative engagement with stakeholders, including the seven basin states, tribes, conservation organizations, other federal agencies, other Basin water users, and the public. It includes the following alternatives that capture operational elements and potential environmental impacts:
No Actionย
Basic Coordinationย
Enhanced Coordinationย
Maximum Operational Flexibilityย
Supply Drivenย
The document will be published in the Federal Register on January 16, 2026, initiating a 45-day comment period that will end on March 2, 2026. The draft EIS and additional information on the alternatives are available on Reclamationโs website.
“Given the importance of a consensus-based approach to operations for the stability of the system, Reclamation has not yet identified a preferred alternative,” said Acting Commissioner Scott Cameron. “However, Reclamation anticipates that when an agreement is reached, it will incorporate elements or variations of these five alternatives and will be fully analyzed in the Final EIS enabling the sustainable and effective management of the Colorado River.”
The Colorado River provides water for more than 40 million people and fuels hydropower resources in seven states. It serves as a vital resource for 30 Tribal Nations and two Mexican states, sustaining 5.5 million acres of farmland and agricultural communities throughout the West, while also supporting critical ecosystems and protecting endangered species.
The Draft EIS addresses only domestic river operations. A separate binational process addressing water deliveries to Mexico is underway and the Department is committed to continued collaboration with the Republic of Mexico. The Department will conduct all necessary and appropriate discussions regarding post-2026 operations and implementation of the 1944 Water Treaty with Mexico through the International Boundary and Water Commission in consultation with the Department of State.
To provide certainty for communities, tribes, and water users, a decision regarding operations after 2026 will be made prior to October 1, 2026 โ the start of the 2027 water year.
Photo shows Lake Mead with a water elevation of 1078. Credit: USBR
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2025. Note the tiny points on the annual data so that you can flyspeck the individual years. Credit: Brad Udall
The consensus-based effort to develop new rules to manage the Colorado River system hasnโt worked โ itโs time for a new approach
Federal leadership and the credible threat of managing reservoirs to protect the system is that new approach
Missing Deadlines
Way back at the end of the last century, at the annual Colorado River conference in Vegas, Marc Reisner repeated the Margaret Thatcher quote that consensus is the absence of leadership. On Veterans Day, the seven Colorado River basin states missed yet another deadline to reach consensus on a conceptual plan for managing the shrinking Colorado River after the current rules expire in 2026. Valentineโs Day marks the next holiday deadline, this time for a detailed plan, but multiple missed deadlines give no indication that the states will reach consensus then, either.
The basin state negotiators have met for years behind closed doors, without success. Itโs time for a new approach. Aggressive federal intervention and the credible threat of a federally-imposed Colorado River management plan would offer political cover โ or a political imperative โ for the negotiators. The credible threat of a federal plan would give the negotiators the space to compromise without having to do so unilaterally and then being accused of not protecting their stateโs interests.
But federal leadership alone is not enough โ it must be coupled with a plausible federal plan that compels the states to act and can meet the magnitude of the ongoing crisis. As the Department of the Interior announced in its 6/15/2023 press release, the purpose of and need for the post-2026 guidelines is โto develop future operating guidelines and strategies to protect the stability and sustainability of the Colorado River.โ To date, the development of the post-2026 guidelines has prioritized routine operations of Glen Canyon and Hoover dams over the system as a whole, a focus inconsistent with the magnitude and urgency of the problem. Prioritizing routine dam operations and hydropower generation over water delivery and environmental protection elevates the tool over the task. Seeking to preserve routine operations of the dams while imposing draconian cuts on water users is not a path to resilience and precludes alternatives that would help stabilize the system.
The Plan
Instead, by early next year, the Secretary should announce that Interior will implement a federal plan incorporating the following elements:
As a condition precedent, the Lower Basin states agree not to place a โcompact callโ for the duration of the agreement.
Implement annual Lower Basin water use reductions for the following calendar year based on total system contents on August 1:
75% โ 60%: cuts to Lower Basin water uses increasing from 0 to 1.5 MAF<60% โ 38%: static cut to Lower Basin water uses of 1.5 MAF<38% โ 23%: increasing cuts to Lower Basin water uses of up to 3.0 MAF total
below 23% of total system contents โ cut Lower Basin water uses to the minimum required to protect human health and safety and satisfy present perfected rights
If the Lower Basin states do not satisfy the condition precedent in #3 above, Reclamation limits Lower Basin deliveries to the minimum required to satisfy present perfected rights when total system contents are <75%.
Recover water stored in federal Upper Basin reservoirs unless the Upper Basin states reduce annual water use based on total system contents:
<34% โ 23%: Assuming the first 0.25 MAF โreductionโ would be contributed by the elimination of Powellโs evaporative losses and gains from Glen Canyon bank storage, reduce Upper Basin water uses up to 0.65 MAF
below 23% of total system contents โ limit total Upper Basin water uses to 3.56 MAF (the minimum volume reported this century)
Expand the pool of parties eligible to create Intentionally Created Surplus (ICS) beyond existing Colorado River contractors, to include water agencies and other entities with agreements to use Colorado River water.
Eliminate the existing limits on the total quantity ofย Extraordinary Conservation ICS and DCP ICSย that may be accumulated in ICS and DCP ICS accounts, while maintaining existing limits on delivery of such water.
Fully mitigate the on-stream and off-stream community and environmental impacts of the water use reductions identified above.
After a three-year phase-in period, condition Colorado River diversions on a clear โreasonable and beneficial useโ standard predicated on existing best practices for water efficiency, including but not limited to the examples listed below (state(s) that already have such standards):
Require removal of non-functional turf grass (California, Nevada)
Incentivize landscape conversion and turf removal statewide (California, Colorado, Utah)
Adopt stronger efficiency standards for plumbing and equipment (Colorado, California, and Nevada)
Require urban utilities to report distribution system leakage, and to meet standards for reducing water losses (California)
Require all new urban landscapes to be water-efficient (California)
Require metering of landscape irrigation turnouts (Utah)
Ensure that existing buildings are water-efficient when they are sold or leased (Los Angeles, San Diego)
Require agricultural water deliveries to be metered and priced at least in part by volume (California)
Many of the elements listed above raise important questions about federal authorities, accounting and data challenges, the roles and obligations of state water officials to implement coordinated actions in-state, water access for disadvantaged communities, environmental compliance, and potential economic and social costs, among others. For each item listed, many details will need to be refined. Similarly, the planโs duration will need to be determined. But as temperatures again climb into the high 40s in the Rockies near the Colorado Riverโs headwaters (in mid-December!), drying soils and reducing next yearโs runoff, and the National Weather Service issues red flag fire warnings for Coloradoโs Front Range, the need for bold action is clear.
The Dominy Bypass
Recovering water stored in Lake Powell will require the construction of new bypass tunnels around Glen Canyon Dam. Former Reclamation Commissioner Floyd Dominy sketched the design of such tunnels almost thirty years ago (see image). Such tunnels would enable the recovery of about 5.6 MAF of water stored below the minimum power pool elevation โ more water than the Upper Basin states consume each year. Current operating rules and the scope of the current planning process effectively treat this massive volume of water as โdead storageโ โ a luxury the system can no longer afford. After Reclamation constructs the bypass tunnels, water recovery should be timed to maximize environmental and recreational benefits in the Grand Canyon.
John Wesley Powell at his deskโsame desk used by the USGS Director today via the USGS
Running the River
Almost 160 years ago, John Wesley Powell โ the reservoirโs namesake โ demonstrated bold leadership, going where no (white) man had gone before. With leadership and a clear goal, he charted a route through the Colorado Riverโs iconic canyons. Now is the time for more bold leadership, a clear goal, and a plan to get there.
About the author
Michael Cohen. Photo credit: Pacific Institute
Since 1998, Michael Cohenโs work with the Pacific Institute has focused on water use in the Colorado River basin and delta region and the management and revitalization of the Salton Sea ecosystem. Michael received a B.A. in Government from Cornell University and has a Masterโs degree in Geography, with a concentration in Resources and Environmental Quality, from San Diego State University.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
It doesnโt matter if youโre a full-time ski bum, a longtime resident, or a first time visitor โ the ramifications of the distressing 2025-26 winter on the Western Slope impacts everyone. The combination of unseasonably warm temperatures and jarring lack of snow has created a perfect storm โ or lack thereof โ and will continue to impact agriculture, recreation, and potable water for over 30 million people long after the 2025-26 winter concludes.ย Brendon Langenhuizen, the Director of Technical Advocacy for the Colorado River Water Conservation District, compared the snowpack to a reservoir but said the extreme heat is detracting from the benefits of a natural reserve.
Westwide SNOTEL basin-filled map January 8, 2026.
โHow warm itโs been has been a concern for me, because snowpack is really a big reservoir for us,โ he said. โYou can hold that water for the warmer times of the year and then it slowly runs off or melts into the deltas and then comes back into the rivers later in the summer when we need it for crops and water temperatures and recreation.
โIf we have these really warm temps continuing, it just diminishes the snowpack and we canโt hold as much snow into the spring โ making it so even if we had the moisture, we wouldnโt be able to hold it.โ
[…]
According to aย Colorado Climate Center graph, parts of Colorado experienced some temperatures exceeding averages by double digits during the first week of January. The graph shows all of Garfield County experienced average temperatures at least eight degrees hotter than average, with northern Garfield County facing average temperatures at least 12 degrees hotter than average.ย He continued to explain that there was already evidence of a fast runoff, using the Dotsero marker on the Colorado River as reference…Although the area has finally experienced some precipitation since the calendar flipped to 2026, the temperatures arenโt letting a solid base build in the higher alpines โ further threatening the snowpack. Walter admitted that every little bit helps, but doesnโt think the recent storms were enough to move the needle, especially since the forecast dries out after Thursday night.
In May of 2023, the Supreme Court handed down a decision that significantly limited the scope of the Clean Water Act, undoing protections that safeguarded the nationโs waters for over 50 years. Specifically, it erased critical protections for tens of millions of acres of wetlands, threatening the clean drinking water sources for millions of Americans.
While the Biden administration amended rules to comply with the Supreme Court ruling, the Trump administration recently released a new draft rule that would go further than even the Supreme Court in limiting what waters can be protected.
Nooksack River, Washington | Brett Baunton
The Clean Water Actโs definition of โWaters of the United Statesโ (WOTUS) is core to defining what waters are protected and which arenโt. Unfortunately, the Trump Administrationโs newly proposed WOTUS rule would roll back protections for vast areas of wetlands and river tributaries. Itโs estimated that close to 80% of Americaโs remaining wetlands would lose Clean Water Act protections. As written, the rule would leave many waterways vulnerable to pollution, degradation, and destruction, threatening water quality and community resilience across the country.
Blanca Wetlands, Colorado BLM-managed ACEC Blanca Wetlands is a network of lakes, ponds, marshes and wet meadows designated for its recreation and wetland values. The BLM Colorado and its partners have made strides in preserving, restoring and managing the area to provide rich and diverse habitats for wildlife and the public. To visit or get more information, see: http://www.blm.gov/co/st/en/fo/slvfo/blanca_wetlands.html. By Bureau of Land Management – Blanca Wetlands Area of Critical Environmental Concern, Colorado, Public Domain, https://commons.wikimedia.org/w/index.php?curid=42089248
Here are our top four concerns with the new WOTUS proposal
1. The rule requires streams and wetlands to have surface water โat least during the wet seasonโ in order to qualify for protection. But it never defines what the wet season actually is.
What this means for rivers: Wet seasons vary dramatically from region to region, and without a clear, science-based definition, many healthy and ecologically important streams risk being excluded.
2. Narrow definitions and expanded exemptions shrink the scope of protected waters.
What this means for rivers: By redefining โtributaryโ to include only streams with year-round or steady โwet-seasonโ flow, and expanding exemptions for wastewater and waste-treatment systems, the new rule would eliminate protections for many intermittent streams and man-made infrastructure that function like natural streams, opening the door to more unregulated pollution. Many rivers in the Southwest only flow for part of the year. This updated definition would put many of these rivers at risk.
3. The rule suggests any artificial or natural break in flow cuts off upstream protection.
What this means for rivers: Under the proposed rule, a culvert, pipe, stormwater channel, or short dry stretch can sever jurisdiction. This means upstream waters that feed larger rivers may no longer be protected, allowing pollution to still flow into nominally protected rivers and streams.
4. The rule significantly eliminates wetland protections by requiring โwetlandsโ to physically touch a protected water and maintain surface water through the wet season.
What this means for rivers: The new definition excludes many wetlands, which naturally store floodwater, filter pollutants, and safeguard communities. This puts the drinking water for millions at risk and increases the risks of flooding for many communities.
The health of our rivers depends on the small streams and wetlands that feed them. By discarding science, narrowing longโstanding definitions, and creating confusing jurisdictional tests, the Trump Administrationโs proposed WOTUS rule risks undoing decades of progress toward cleaner, safer water. Americaโs riversโand the communities that depend on themโdeserve better.
These rollbacks will put our waterways and the life that depends on them in jeopardy. The public comment period to speak up and defend clean water protections is open until January 5. Please take action today and send a letter to the EPA urging them to keep the current definition of Waters of the United States in place!
Ephemeral streams are streams that do not always flow. They are above the groundwater reservoir and appear after precipitation in the area. Via Socratic.org
Colorado State University researcher Perry Cabot talks to a group about forage crops at the Fruita field station. Cabot studies the effects of irrigation withdrawal and forage crops that use less water. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM
The findings of recent water-conservation studies on the Western Slope could have implications for lawmakers and water managers as they plan for a future with less water.
Researchers from Colorado State University have found that removing irrigation water from high-elevation grass pastures for an entire season could have long-lasting effects and may not conserve much water compared with lower-elevation crops. Western Slope water users prefer conservation programs that donโt require them to withhold water for the entire irrigation season, and having the Front Range simultaneously reduce its water use may persuade more people to participate. Researchers also found that water users who are resistant to conservation programs donโt feel much individual responsibility to contribute to what is a Colorado River basinwide water shortage.
โItโs not a simple economic calculus to get somebody to the table and get them to sign a contract for a conservation agreement,โ said Seth Mason, a Carbondale-based hydrologist and one of the researchers. โIt involves a lot of nuance. It involves a lot of thinking about tradeoffs.โ
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2025. Note the tiny points on the annual data so that you can flyspeck the individual years. Credit: Brad Udall
Over the past 25 years, a historic drought and the effects of climate change have robbed the Colorado River of its flows, meaning there is increasing competition for a dwindling resource. In 2022, water levels in Lake Powell fell to their lowest point ever, prompting federal officials to call on the seven states that share the river for unprecedented levels of water conservation.
The Upper Basin states (Colorado, New Mexico, Utah and Wyoming) have experimented for the past decade with pilot programs that pay agricultural water users to voluntarily and temporarily cut back by not irrigating some of their fields for a season or part of a season.
The most recent program was the federally funded System Conservation Pilot Program, which ran in the Upper Basin in 2023 and 2024, and saved about 100,000 acre-feet of water at a cost of $45 million. The Upper Basin has been facing mounting pressure to cut back on its use, and although some type of future conservation program seems certain, Upper Basin officials say conservation must be voluntary, not mandatory.
Despite dabbling in these pilot conservation programs, Upper Basin water managers have resisted calls for cuts, saying their water users already suffer shortages in dry years and blaming the plummeting reservoirs on the Lower Basin states (California, Nevada and Arizona). Plus, the Upper Basin has never used its entire allocation of 7.5 million acre-feet a year promised to it under the 1922 Colorado River Compact, while the Lower Basin uses more than its fair share.
Sketches by Floyd Dominy show the way he’d end the Glen Canyon Dam. From the article “Floyd Dominy built the Glen Canyon Dam, then he sketched its end on a napkin” on the Salt Lake Tribune website
But as climate change continues to fuel shortages, makes a mockery of century-old agreements and pushes Colorado River management into crisis mode, the Upper Basin can no longer avoid scrutiny about how it uses water.
โWe need a stable system in order to protect rivers,โ said Matt Rice, director of the Southwest region at environmental group American Rivers, which helped fund and conduct the research. โ(Upper Basin conservation) is not a silver bullet. But itโs an important contributing factor, itโs politically important and itโs inevitable.โ
Researchers from Colorado State University used this monitoring station to track water use on fields near Kremmling. Researchers have found that Western Slope water users are more likely to participate in conservation programs if there is a corresponding Front Range match in water use reduction. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM
Findings
Papers by the researchers outline how water savings on Coloradoโs high-elevation grass pastures โ which represent the majority of irrigated acres on the Western Slope โ are much less than on lower-elevation fields with other annual crops. Elevation can be thought of as a proxy for temperature; fewer frost-free days means a shorter growing season and less water use by the plants.
โOur results suggest that to get the equivalent conserved consumptive-use benefit that you might achieve on one acre of cornfield in Delta would require five acres of grass pasture if you were up near Granby, for example,โ said Mason, who is a doctoral candidate at CSU. โThis is a pretty important constraint as weโre thinking about what it means to do conservation in different locations across the West Slope.โ
In addition to the science of water savings, Masonโs research also looked at the social aspects of how water users decide to participate in conservation programs. He surveyed 573 agricultural water users across the Western Slope and found that attitudes toward conservation and tendencies toward risk aversion โ not just how much money was offered โ played a role in participation.
Many who said they would not participate had a low sense of individual responsibility to act and a limited sense of agency that they could meaningfully contribute to a basinwide problem.
If you donโt pay attention to the attitudes of water users, you could end up with an overly rosy picture of the likelihood of participation, Mason said.
โIt may do well to think less about how you optimize conservation contracts on price and do more thinking about how you might structure public outreach campaigns to change hearts and minds, how you might shift language as a policymaker,โ he said. โA lot of the commentary that we hear around us is that maybe this isnโt our problem, that this is the Lower Basinโs problem. [ed. emphasis mine] The more you hear that, the less likely you are to internalize a notion of responsibility.โ
Mason also found that a corresponding reduction in Front Range water use may boost participation by Western Slope water users. The fact that Front Range water providers take about 500,000 acre-feet annually from the headwaters of the Colorado River is a sore spot for many on the Western Slope, who feel the growth of Front Range cities has come at their expense. These transmountain diversions can leave Western Slope streams depleted.
Western Slope water users often describe feeling as if they have a target on their back as the quickest and easiest place to find water savings.
โI think they tend to be appreciative of notions that have some element of burden sharing built into them,โ Mason said. โSo they arenโt the only ones being looked at to contribute as part of a solution to a problem.โ
Perry Cabot, a CSU researcher who studies the effects of irrigation withdrawal and forage crops that use less water, headed up a study on fields near Kremmling to see what happens when they arenโt irrigated for a full season or part of a season. The findings showed that fields where irrigation water was removed for the entire season produced less hay, even several years after full irrigation was resumed. Fields where water was removed for only part of the season had minimal yield loss and faster recovery.
โIn the full season, you can have a three-year legacy effect, so thatโs where the risk really comes in if youโre a producer participating in these programs,โ Cabot said. โFor three years after, youโre not getting paid even though youโve diminished that yield.โ
At the CSU research station in Fruita, Cabot is studying a legume called sainfoin, a forage crop and potentially an alternative to grass or alfalfa. He said sainfoin shows promise as a drought-tolerant crop that can be cut early in the season, allowing producers to have their cake and eat it too: They could maintain the income from growing a crop, avoid some of the worst impacts of a full-season fallowing, and still participate in a partial-season conservation program.
โIโd like to see flexible options that allow us to think about conservation happening on fields that still have green stuff out there,โ Cabot said.
This field near Kremmling participated in an early study on the effects of removing irrigation water. Researchers found the effects of full-season fallowing can have lasting impacts. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM
Part of the solution
The Glenwood Springs-based Colorado River Water Conservation District has been one of the loudest voices weighing in on conservation in recent years, helping to fund Cabotโs and Masonโs studies, as well as conducting its own. The River District, which represents 15 counties on the Western Slope, is not a fan of conservation programs, but it has long accepted their inevitability. It has advocated for local control and strict guidelines around a programโs implementation to avoid negative impacts to rural agricultural communities.
River District General Manager Andy Mueller said there is still a lot of resistance to a conservation program in Colorado โ especially if the saved water is being used downstream to fuel the growth of residential subdivisions, computer-chip factories and data centers in Arizona. In addition to wanting the Front Range to share their pain, Western Slope water users donโt want to make sacrifices for the benefit of the Lower Basin. [ed. emphasis mine]
โThey want to be part of the solution, but they donโt want to suffer so that others can thrive,โ Mueller said. โThatโs what I keep hearing over and over again from our producers on the ground: They are willing to step up, but they want everybody to step up with them.โ
Water experts agree Upper Basin conservation is not a quick solution that will keep the system from crashing. Complicated questions remain about how to make sure the conserved water gets to Lake Powell and how a program would be funded.
And as recent studies show, the tricky social issues that influence program participation, multiseason impacts to fields when water is removed and the scant water savings from high-elevation pastures mean the state may struggle to contribute a meaningful amount of water to the Colorado River system through a conservation program.
โIf the dry conditions continue, itโs hard to produce the volumes of water that make a difference in that system,โ Mueller said. โBut are we willing to try? Absolutely. It has to be done really carefully.โ
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
Click the link to read the article on the AZCentral website (Debra Utacia Krol). Here’s an excerpt:
December 29, 2025
Key Points
A new intertribal land trust has acquired 10,000 acres of land along the Klamath River from former dam operator PacifiCorp.
The land transfer is a key step in restoring the river basin’s ecosystem following the removal of four dams.
Indigenous values and traditional practices will guide the restoration of the land, which includes important salmon habitat.
Another milestone in restoring the Klamath River Basin has been reached. A new land trust received title to land on Dec. 22 that includes important salmon habitat and lands upstream of and adjacent to four now-removed dams and the shallow reservoirs that impeded fish and nurtured deadly algae in northern California and southern Oregon. Theย Klamath Indigenous Land Trustย was formed by a coalition of members from four basin tribes after the historic 2002 fish kill to remove the dams as the beginning of a long-term effort to restore health to one of the West’s most imperiled rivers. PacifiCorp, the previous landowner and former hydropower operator, agreed to sell 10,000 acres to the land trust to return stewardship to the tribes who fought for decades to remove the dams as the first step in river recovery. Indigenous values and millennial-long practices which once made the basin one of the West Coast’s largest salmon habitats will direct the job of restoring the ecology of the area, which is the size of West Virginia. The Catena Foundation, the Community Foundation of New Jersey and an anonymous donor provided the funding for the purchase, which is one of the largest such purchases by an Indigenous-led land trust to date…
โDam removal allowed the salmon to return home,” said Molli Myers, the land trust’s board president and member of the Karuk Tribe. “Returning these lands to Indigenous care ensures that home will be a place where they can flourish and recover.โ
โPacifiCorp is pleased to see these lands transition to a stewardship model that honors their cultural and ecological significance,โ said Ryan Flynn, president of Pacific Power, the division of PacifiCorp that serves customers in the Northwest.
Aerial view of the snowpack in the San Juan Mountains of southwest Colorado on Dec. 3, 2021. Scientists and water managers use a variety of methods to monitor the snowpack, which supplies most of the water flowing in many Western streams and rivers. Photo by Mitch Tobin/The Water Desk.
A controversial recent study highlights an old truth about the American Westโs snowpack: itโs difficult to measureโand just as hard to forecast how much of its water will ultimately reach tens of millions of people and vast swaths of farmland.
Water managers have increasingly turned to aircraft that use lasers to gauge the snowpack across entire basins. But the Aug. 15 scientific paper argues for a less expensive strategy: focusing new monitoring efforts on a select number of locations known as โhotspotsโ that excel at predicting how much water will run off from the snowpackโa frozen reservoir that can change dramatically over short distances.
Snowfall rates vary widely with elevation, and the amount of water locked in falling snowflakes shifts from storm to storm.
On the ground, snow accumulation depends on the wind, the forest canopy overhead, the exposure to the sun and the amount of dust that lands on the snowpack. Even a homeowner armed with a ruler can find very different snow depths depending on where they poke in their backyard.
For water providers, knowing how much water is stored in the snowpack is essential. In much of the West, snowmelt supplies most of the runoff that flows through streams, rivers, reservoirs, irrigation canals and household faucets.
If water managers overestimate the snowpack, their customers can be left high and dry later in the year. But if analysts underestimate streamflows, reservoirs can fill faster than expectedโraising the risk of disastrous flooding.
With climate change making the snowpack less reliable and redefining what โnormalโ means, the pressure on forecasters is intensifying in a rapidly growing region with a well-documented gap between water supply and demand. Even a perfect knowledge of the snowpackโs water content doesnโt guarantee accurate streamflow projections because factors such as soil moisture, groundwater levels and late-season weather cloud the picture.
Karl Wetlaufer (NRCS), explaining the use of a Federal Snow Sampler, SnowEx, February 17, 2017.
Scientists and water managers, aware of the high stakes, began formally measuring the snowpack to make water forecasts more than a century ago. They selected key locations in the high country, plunged hollow metal tubes into the snow and weighed the extracted cores to calculate the water contentโa technique still used extensively today.
During the late 20th century, officials installed hundreds of automated stations across the Westโs watersheds as part of the SNOTEL network. These sites use โsnow pillowsโ to measure the weight of the overlying snow and estimate its water content. Forecasters then correlate these long-term snow records with historical streamflows to predict a basinโs water supply.
In the 21st century, airborne snow surveys have expanded rapidly. Aircraft equipped with lidarโa laser-based technologyโprecisely map the snow depth across entire watersheds while an onboard spectrometer scans the snowpackโs reflectivity. Snow depth is determined by subtracting lidar readings taken when snow is absent from those taken when snow is present. Scientists combine those measurements with estimates and observations of snow density to calculate the water content, known as the snow water equivalent.
Satellites also provide valuable data on the snowpack, especially its extent on the ground, but reliably measuring snow water equivalent from space remains elusive. Clouds and forests can also obscure or complicate a satelliteโs view.
Four ways scientists monitor the snowpack. Clockwise from upper left: a manual snow-course survey (California Department of Water Resources); an automated SNOTEL station (Mitch Tobin/The Water Desk); an illustration of a satellite carrying the MODIS instrument (NASA); and airborne mapping (NASA).
While technologies that estimate an entire watershedโs snowpack are on the rise, the recent hotspots study argues that water forecasters could gain crucial insights by targeting future monitoring at a limited set of locations.
The authors say these 62-acre hotspots not only are strong predictors of how much water will run off in the spring and summer, but also could be more cost-effective than mapping the snowpack across a whole watershed using aircraft. That approach has become more common due to the work of Airborne Snow Observatories, Inc. (ASO), a company that spun out of research at NASAโs Jet Propulsion Laboratory.
โThe greatest gains in water supply prediction come from leveraging existing stations and expanding snow measurements to the right places, rather than everywhere,โ the authors write in Communications Earth & Environment.
But in the tight-knit world of Western snow science, the paper has sparked pushback from supporters of airborne snow monitoring.
Jeff Deems, a co-founder of ASO, said the paper is a โstatistical curiosityโ and criticized both its methodology and the conclusions it draws about snowpack monitoring.
โOur datasets have become the gold standard, the benchmark against which others are evaluated,โ Deems said.
The Colorado Airborne Snow Measurement (CASM) program produced a strongly worded critique of the study, which used a proxy for the ASO data, rather than actual measurements from aircraft.
โAlthough this paper is published in a well-known journal, it makes unsupported, misleading and editorialized claims about the cost, value, and performance of airborne lidar for streamflow forecasting,โ said the rebuttal from CASM, a group of stakeholders whose planning team includes ASO, water providers, the Colorado Water Conservation Board (CWCB) and other organizations. โThe authors make a series of critical logic and analysis errors which when combined with their over-broad conclusions result in a very misleading paper.โ
But study co-author Cam Wobus wrote in an email that the paper โmight have struck a nerveโ because โit showed that wall to wall measurement of snow may not be needed to create more accurate water supply forecasts, which ASO could have perceived as a threat to their business model.โ
Despite the sharp differences among snow researchers, experts agree thereโs no silver bullet for monitoring the snowpack or predicting streamflows. As warming temperatures and evolving storm patterns continue to transform the snowpack, both old-school methods and newer technologies will be needed to better manage the regionโs scarce water resources.
โSnowpack estimation and streamflow forecasting is a vast and unsolved field of research,โ the CWCB wrote in response to questions from The Water Desk.
Although CWCBโs logo was included at the bottom of CASMโs rebuttal, the agency said in an email that the document โshould not be misconstrued as an official position statementโ and that โCWCB has acted as a funding and coordination partnerโ to CASM.
An airborne survey created this map of snow depth for Coloradoโs Maroon Bells on April 9, 2024. Source: ASO.
Searching for snowpack hotspots
The hotspots study set out to test an intuitive idea: in high-elevation watersheds, the snowpack in certain locations can be especially useful for predicting streamflow.
โThere are places within drainage basins that, if you train your water-supply forecast on the snow record in those locations, youโll have a better forecast than if you use the basin average,โ said co-author Eric Small, a professor of geological sciences at the University of Colorado Boulder.
โIf you think about a drainage basin, thereโs going to be places in that drainage basin where thereโs not a lot of snow, or thereโs not much connection between the snowmelt and the runoff,โ Small said. โThereโs going to be other places in the basin where there is a lot of snow and a lot of connectivity between the snowmelt and the runoff. So it should not be a surprise that thereโs locations within a basin that are more predictive of this seasonal water supply.โ
In general, locations with the deepest, most persistent snow are more likely to be hotspots.
โAnyone whoโs seen a basin in Colorado and sees the south-facing slopes that are bare of snow and the north-facing slopes that have snow three feet deep in the springtime recognizes that once you take an average across all of that, the stuff on the south-facing slopes isnโt going to matter at all,โ said Wobus, a principal at CK Blueshift, LLC, a consulting firm that works on water and climate issues.
โItโs silly to fly an entire basin if 30% of that basin doesnโt have any snow on it, so thatโs an easy fix right there,โ Wobus said.
While hotspots typically accumulate lots of snow, whatโs happening beneath the snowpack is just as important. โThe hotspots are locations where thereโs both a lot of water, and when it melts, a large fraction of that water would get into the stream,โ Small said.
Hotspots tend to have shallow or relatively stable groundwater storage and soil moisture levels that donโt vary year to year.
โThe hotspots are places where thereโs either enough snow or minimal enough variations in storage that the water is getting to the stream and the water is getting to the stream at the right timescale,โ Small said.
Each basin may have numerous hotspots. โThe hotspots werenโt unicorns,โ Small said. โThere were many possible hotspots. We had an objective measure to choose the official hotspot in the paper, but you could have chosen many other locations that were also predictive.โ
Once a hotspot is identified, the authors outline several potential ways to tap its predictive power. One option is to add a new SNOTEL station at the site, although that may not be feasible because of the terrain or land protections. Another possibility is to use remote sensing from a plane or a drone. The authors write that one or two flight paths that observe the hotspot could gather data โat a substantially lower cost than more conventional wall-to-wall basin coverage.โ
Even recreationists could help gather data from snowpack hotspots. โYou could use citizen science to do it. You could send a bunch of backcountry skiers out to your location for fun, give them an app,โ Small said. โTheyโre probably already going there. If you saw where people were skiing, they would probably have mapped out the hotspots already.โ
Map: Mitch Tobin/The Water Desk โข Source: Natural Resources Conservation Service โข Created with Datawrapper
A shortcut, or a statistical trap?
Critics of the hotspots paper agree that some parts of a watershed can carry more predictive weight for streamflows than others.
โItโs not a new concept, and itโs a very seductive one. Itโs essentially the premise behind the SNOTEL network,โ Deems said.
But to some scientists who dispute the study, hotspots can hide as much as they revealโand potentially mislead water managers as the Westโs climate evolves and as the hydrology of high-country landscapes is reshaped by disturbances, such as the increasing frequency of wildfires.
โEven if they did everything rightโfound these hotspotsโthe likelihood of them retaining the same statistical predictive power going forward is essentially nil,โ Deems said.
The rebuttals to the paper have challenged both its analysis and the real-world implications the authors infer from their results.
Noah Molotch, a professor of geography at the University of Colorado Boulder and director of the Mountain Hydrology Group at the Institute of Arctic and Alpine Research, said โthe study doesnโt accurately portray the direction that water managers have been moving for a couple of decades now.โ
โMy concern there is that it takes us further down the path of being blind to the spatial patterns that govern water supply and that can lead to surprises for water managers,โ Molotch said.
Although the hotspots study has implications for airborne snowpack monitoring, the paper didnโt analyze data gathered by aircraft, which has been collected only in select watersheds and over a shorter time period than the authors examined.
Instead, one of the ways the researchers probed the snowpack in 390 basins in the West was to combine satellite data from 2001 to 2023 with historical weather data. The satellite images, collected by the MODIS instruments aboard two NASA spacecraft, show the fraction of each pixel covered by snow and the reflectivity of the snowpack, among other metrics. Each pixel is a square with 500-meter (1,640-foot) edges.
The authors argue that this type of data serves as a reasonable โproxyโ for the basin-wide estimates that could be obtained from prospective satellite missions and current airborne monitoring. Small said five different datasets were examined, and all showed similar results.
But the CASM critique argues that the proxy dataset has โa demonstrated average error of 35% (ranging from 20-60%)โ when compared to airborne lidar, and its much coarser resolution further limits its utility.
The paperโs authors โmake the assertion that that dataset has been shown to be accurate and, in their language, therefore serves as a reliable proxy for airborne lidar,โ Deems said. โThat assertion is incorrect, and that undercuts the entire rest of the paper, sadly.โ
Deems said the study used the date of snow disappearance to back-calculate how much snow was there while also โblending in an atmospheric model precipitation product, which is highly uncertain.โ
By contrast, Deems said, ASO creates โa highly accurate map of snow depth throughout the watershed,โ which is then paired with estimates of snow density informed by SNOTEL measurements and hand-dug snow pits. What emerges, he said, is a basin-scale estimate of snow water equivalent thatโs within about 1% of the actual volume.
โThatโs better than we can measure streamflow,โ Deems said.
A video from Coloradoโs Northern Water explains how the utility uses ASO data.
Clashes over the merits of datasets are grist for the academic mill, but critics raise a broader concern: the paper takes a retrospective look at snowpack-streamflow relationships in an age of extreme weather and shifting baselines.
Scientists have an awkward name for this pivotal issue: โstationarity.โ In simple terms, itโs the assumption that the past is a reliable guide to the future. But just as mutual-fund disclaimers warn that past performance is no guarantee of future returns, climate change is making historical patterns less trustworthy.
Storm tracks are migrating. Warmer temperatures mean more winter rain and less snow. Rising evaporation rates are drying out soils. And both the timing and volume of runoff are in flux as the weather changes and high-elevation wildfires remake watersheds.
The hotspots strategy, according to the CASM rebuttal, โdoes not test whether those sites remain predictive under shifting climate conditions or extreme eventsโ and โwhat looks like a hotspot in the historical record may fail under current or future conditions.โ
What to do with hotspots?
On a practical level, the hotspots paper argues that snow researchers and water managers could mine these locations for essential data by installing additional SNOTEL stations or using remote sensing. But critics say several big hurdles stand in the way of implementation, many of which are acknowledged in the study.
First, a hotspot with 500-meter edges covers nearly 2.7 million square feet, but the snowpack may vary greatly within that footprint. Where in that area should a new SNOTEL monitoring station go? Cost is another concern. โInstalling and maintaining a station is not cheap eitherโ$100,000 easily between gear and personnel time and maintenance,โ Deems said.
Second, terrain and land-use rules can make installation impractical or illegal. โIn many cases, itโs going to be impossible to put a station there, either because itโs sloped and the snow pillows donโt work on slopes, or because itโs in the wilderness or in avalanche terrain or something like that,โ Deems said. Drone flightsโanother potential monitoring toolโare also prohibited in federal wilderness and face their own logistical challenges.
Third, any new station only generates data going forward. It doesnโt provide the long historical record that water managers need to train their models and make streamflow predictions. โItโs not going to be useful until you probably get about 30 years of data,โ Molotch said, โand then letโs think about how much the climate may have changed over those three decades.โ
The components in a typical SNOTEL station. Source: Natural Resources Conservation Service.
At its core, the dispute over hotspots reflects a long-standing divide in hydrology. One camp relies on statistically based approaches, such as using a select number of โindexโ sites to measure the snowpack and predict streamflow based on historical records. Another paradigm favors physically based methods that employ the laws of physics to account for the coming and going of water molecules in a basin, such as using aircraft to map the snowpack.
โHistorically, weโve increasingly been moving toward physically based approaches in hydrology,โ Molotch said. โAt some point, we may have a complete passing of the baton toward physically based approaches. I donโt know if and when that will be in our future, but I think that that is the way that things are migrating over time.โ
Small said that ASO data โwill give you the total number of water molecules in a basinโ if you accept their snow density model, but thatโs only part of the story. To predict streamflow, forecasters must account for other factors, including how much water is lost to the atmosphere when it evaporates, transpires from plants or converts directly from ice to water vapor, a process known as sublimation. Soil moisture and groundwater levels also shape the hydrologic cycle.
โThe total volume of water in the snowpack is not hugely predictive of streamflow compared to what you get from the hotspots, and that has to be the case,โ Small said. โIf you have any variations in the basin from evapotranspiration or soil moisture storage or groundwater storageโthat has to be the outcome. And I think we probably should have said that in the first sentence of the paper.โ
Using an โall of the aboveโ approach
Denver Water describes the snowpack in the mountains west of the city as the utilityโs biggest reservoir. To supply its 1.5 million customers, Denver Water uses a variety of techniques to track the snowpack, including manual measurements, automated SNOTEL stations, ASO flights above key watersheds and satellite data that is blended into reports that Molotch and colleagues generate at the University of Colorado Boulder.
โWe take an all of the above approach,โ said Taylor Winchell, climate change adaptation program lead at Denver Water. โWe think that all of these systems really have their place and are all important in giving us the full picture of the snowpack that weโre hoping to gather to help us make confident decisions.โ
Each type of snow monitoring has its benefits and limitations. โThey each fill a gap that the other doesnโt,โ Winchell said.
The SNOTEL system, for example, can provide hourly or daily readings of the snowpack and offers long historical records, but it only measures conditions at a single point. The stations also tend to sit in mid-elevation clearings that are easy to access, so they donโt necessarily reflect the diversity of the Westโs terrain and overlying snowpack.
โWe often donโt have measurements at those higher elevations, and it kind of leaves a blind spot in our understanding of the snowpack,โ Winchell said.ย
Westwide SNOTEL basin-filled map December 28, 2025.
Like many water providers in the West, Denver Water has been grappling with a growing mismatch between snowpack levels and the amount of water that eventually reaches streams and rivers in the spring and summer.
โWe just donโt quite expect the same amount of streamflow production nowadays as we wouldโve historically with similar levels of snowpack,โ Winchell said, noting the influence of soil moisture levels, evaporation and sublimation. โWe canโt go off the same assumptions that we mightโve had in the past, and so every year it creates this kind of new and intensified challenge to understand how the snowpack is going to translate into streamflow.โ
Denver Water has used ASO data since 2019 and spent an average of about $200,000 per year on the airborne surveys. That first year, ASO surveyed the watershed around Dillon Reservoirโa linchpin in the utilityโs supply that collects runoff west of the Continental Divide so that it can be pumped through a 23-mile tunnel bored beneath the Rocky Mountains and reach the east side of the Divide, where most of Coloradoโs population lives.
โWith those flights, we saw kind of immediately the high value of this information for our decision-making processes,โ Winchell said. ASO found the snowpack was bigger than what Denver Water expected, Winchell said, so the utility โimmediately increased outflows from Dillon Reservoir so that weโd be able to capture that snowpack without flooding downstream of the reservoir.โ
ASOโs high-resolution data is valuable for Denver Water because it โfills in the gaps between those station measurements,โ Winchell said.
In the large watersheds that supply the utility, โyou can have storms and snow patterns that are quite different from one side of the watershed to the other, and you might have different diversion systems in each part of that watershed,โ Winchell said. โYou might have had a forest fire in one part of the watershed that impacts the snowmelt within that sub-watershed. So really being able to have that detailed picture of the full watershed, we do find value in that.โ
But the cost of airborne surveys remains a critical issue.
โItโs still been a struggle year over year to get the funding needed even to fly what we see as the baseline number of useful flights,โ Winchell said. โThereโs still a lot of room for both adding additional flights in watersheds that are already being flown, as well as conducting ASO flights in watersheds throughout the state that donโt currently have ASO flights.โ
Costs versus benefits
In Colorado, CASM was formed in part to secure additional funding to expand ASO flights above the state. CASMโs annual budget in 2025 was $4.5 million, with state funding accounting for 52% and the rest from federal, local and other sources.
The U.S. House of Representatives recently passed bipartisan legislation that would reauthorize and update the federal Snow Water Supply Forecasting Program โto incorporate modern technologies, including LiDAR and satellite imagery, to improve the accuracy of snowpack and water-supply predictions,โ according to sponsor Jeff Hurd, R-Colo.
Backers of airborne surveys acknowledge that flights arenโt cheapโtwo flights over a basin can cost a couple of hundred thousand dollars per yearโbut they say the data can generate far greater benefits. A more precise read on the snowpack can prevent flooding and allow water managers to devote excess supplies to groundwater recharge. Conversely, advance warning of shortages can help avoid disruptions for both agricultural and urban water users.
โThe value of these data can be off the charts,โ Deems said, with some case studies from California showing a return on investment between 50 and 200 to one.
In the headwaters of Northern Californiaโs Feather River, which supplies the California State Water Project, Deems said ASOโs data improved water management. In 2021, the year before ASOโs flights began, water managers โthought they had a decent snowpack,โ Deems said, but they had to dramatically scale back allocations, eventually to zero, โbecause the water just didnโt show up,โ causing significant impacts to farmers and other water users.
โThe following year, we started flying in the Feather River,โ Deems said. โOur February flight showed that they had half the water they thought they had, so it looked like essentially a repeat of the prior year, except this time they knew about it in February, rather than finding out about it when the water didnโt show up at the stream gauge in July.โ
Dillon Reservoir supplies water to Denver and releases water into the Blue River which feeds into the Colorado River.
The future of snowpack monitoring
Looking ahead, the stakes are only growing for snowpack monitoring and streamflow forecasting as the climate warms and the West continues to add new water users.
Despite their varying views, snow experts agree that a diversity of approaches will be needed in the foreseeable future. The hotspots study authors see value in the ASO flights, and backers of airborne surveys would like to see more SNOTEL stations.
โWe are first in line to advocate for more observations, especially if they can be in environments that are different than the current set of observations covers,โ Deems said.
The question, Wobus said, is โhow do we use combinations of advanced monitoring technologies like lidar and satellite observations and things like that in a framework that will help you improve water supply forecasts without having to measure everything?โ
โThereโs a lot of room to improve the economics of snow monitoring,โ Wobus said. โIf weโre talking about the difference between flying every basin once a year and getting total coverage at a cost of, letโs say $10 million a year for the state of Colorado, versus adding a few more SNOTEL stations in a few places where you really need itโthereโs a lot of real estate in between those two things.โ
Left to right, Jack Hannaford, Robert Miller, Chief of the Snow Survey Office for the California Department of Water Resources and helicopter pilot Harry Rodgers conduct the monthly snow survey near Loon Lake reservoir in the Eldorado National Forest in El Dorado County. A helicopter was used to access the remote location in the Sierra Nevada Mountains. Photo taken March 9, 1960. Vince R. Arrant / California Department of Water Resources
When ASO maps the snowpack in an entire basin, its aircraft flies back and forth in a pattern often likened to mowing a lawn. Small and Wobus said that one way to save money would be to do more limited flights and use machine learningโa type of artificial intelligenceโto extrapolate the results.
โIf you fly one strip and combine that with a machine-learning model, you can get like 98% of the way there, and you can save a whole boatload of money,โ Wobus said. โYou could just fly a straight line across the state of Colorado and then turn around and fly back and get almost as much information as youโre getting by flying like a lawnmower back and forth across the basin.โ
But some backers of airborne mapping are skeptical.
โThat would be bringing a lack of confidence back into the system, and thatโs a difficult thing to ask a water manager to accept, especially after weโve shown whatโs possible,โ Deems said.
Drones have also become part of snow hydrologistsโ toolbox. While the hotspots paper argues that using lidar technology mounted on drones would be less costly than flying large aircraft, that approach โdoes not reflect the logistical and financial realities of operating such a program in Coloradoโs mountain environments,โ according to CWCB.
โDrone-based lidar systems require extensive permitting, frequent flights due to limited range and battery life, and highly trained operators to meet accuracy standards comparable to crewed aircraft,โ CWCB wrote. โNo program currently exists with the resources, planning, or data management structure to deploy drone surveys at the basin scale needed for operational water forecasting.โ
For many snow hydrologists, the holy grail would be to launch a dedicated satellite that could look down from space and estimate the water content of the snowpack around the planet using, for example, microwave sensors. But thatโs literally a heavy lift.
โThereโs lots in the works,โ Deems said. โBut the global solution is pretty elusive, and folks have been trying to do this for decades.โ
The technology exists today to measure snow water equivalent with a satellite, โbut not everywhere and not all the time,โ Molotch said. One major obstacle is that satellite monitoring may not work when the snowpack is wet, which is especially vexing in the warmer, maritime snowpacks near the West Coast.
โSnowpack conditions in the Sierra Nevada of California can be wet at any time of year between storms when the sunโs out and it starts to warm up,โ Molotch said. โAs the climate warms, we would expect that snow wetness will be increasingly problematic for microwave remote-sensing techniques. But I think on the positive side, if weโre able to make snow water equivalent measurements in some locations, that helps us provide information for models that can fill in the gaps.โ
In July, NASA and Indiaโs space agency launched NISAR, a new radar satellite built to track how Earthโs surface is evolving. While not dedicated to monitoring the snowpack, the mission will measure changes in snow, glaciers, sea ice, ice sheets and permafrost. Operating day or night, NISARโs signals can penetrate clouds, and the satellite will observe nearly the entire Earthโs surface twice every 12 days.
Illustration of the new NISAR satellite. Spacecraft hold promise for measuring the Westโs snowpack but face challenges of their own. Source: NASA.
The NISAR mission โintroduces a promising avenue for cost-effective, large-scale snow depth and snow water equivalentโ estimates, according to a January study in Frontiers in Remote Sensing. A 2024 paper in Geophysical Research Letters concluded that NISAR offers a โpromising path toward global snowpack monitoring.โ While errors increase in forests with a denser canopy, the 2024 study said the satellite โmay be feasible for snowpack monitoring in sparse to moderate forest cover.โ
What research and data would deepen understanding of the snowpack in the future?
โWhere to begin?โ Winchell said with a laugh.
In addition to having more manual measurements, more SNOTEL stations, more ASO flights and even a citizen-science effort, Winchell said better knowledge of snowpack temperatures would be helpful to Denver Water because that โprovides a really strong indication of when the snowpack is ready to melt.โ Additional soil moisture data could also improve the utilityโs forecasts of how the snowpack translates into streamflows.
โThe field of snowpack research is just a crucial field with really lots of exciting work ahead, especially as these new, really high-value, high-accuracy datasets are coming into play,โ Winchell said. โI think decades into the future weโll wonder how people really went about managing the snowpack water supplies without this information.โ
Aerial view of the Rocky Mountain snowpack over central Colorado on Dec. 3, 2024. Photo by Mitch Tobin/The Water Desk.
This story was produced and distributed by The Water Desk at the University of Colorado Boulderโs Center for Environmental Journalism.
Editorโs note: Two of the co-authors of the hotspots paper and one of the critics of the study are affiliated with the University of Colorado Boulder. The Water Desk is also based at the University of Colorado Boulder but operates as an editorially independent journalism initiativeand is solely responsible for its content.
The Colorado River Water Users Association annual conference met in Las Vegas [December 16-18, 2025]. Each year, over a thousand government officials, members of the press, municipal water district leaders, water engineers, ranchers, and tribal members meet to discuss the management of the mighty Colorado River. Hanging over the three-day conference was a stalemate between the upper and lower basin states over how to manage the Colorado River after current operational guidelines expire at the end of 2026.
Throughout the conference, the statesโ inability to reach a consensus deal produced ripple effects. The stalemate held back progress on both near term shortage concerns (experts predict that Lake Powell will be only 28% full at the end of the โ25-โ26 water year) and long-range planning, such as the development of the next โMinuteโ agreement between the United States and Mexico.
The closing act of CRWUA 2025 was an orderly (and familiar) report from each of the basin statesโ principal negotiators that their state is stretched thin but remains committed to finding a consensus agreement. This final session had no discussion or Q&A. The basin states now have until February 14th to provide the Bureau of Reclamation with their consensus deal, which would presumably be added to an Environmental Impact Statement (EIS) draft that is expected to be released in early January. With time running short, many worry that public participation in the EIS process โ vital to informed decision-making โ will be greatly reduced.
Still, as Rhett Larson of Arizona State University said on the first day of the conference, โDesert rivers bring people together.โ Tribal governments continue to innovate in the areas of conservation and storage, even in spite of ongoing challenges to meaningful access of federally reserved tribal water rights. For instance, the Colorado River Indian Tribes, or CRIT, shared news of a Resolution and Water Code recently passed by their Tribal Council which work together to recognize the Colorado Riverโs personhood under Tribal law. This provides CRIT with a holistic framework for on-reservation use and requires the consideration of the living nature of the Colorado River in off-reservation water leasing decisions. John Bezdek, who represented CRIT at the conference, put it this way: โIf laws are an expression of values, then this tribal council is expressing to the world the importance of protecting and preserving the lifeblood of the Colorado River.โ Among others, Celene Hawkins of The Nature Conservancy and Kate Ryan of the Colorado Water Trust also shared about the unique, and often unlikely, partnerships formed to protect stream flows and the riparian environment across the Colorado River basin.
Notwithstanding the basin statesโ current deadlock, one theme rang true at CRWUA 2025: Despite the dire hydrologic and administrative realities facing decision-makers today, the Colorado River continues to bring unlikely parties together.
Left to right: Becky Mitchell, Tom Buschatzke, Brandon Gebhart, John Entsminger, Keith Burron, Gene Shawcroft, JB Hamby, Estevan Lรณpez. Photo credit: Yes To Tap via X (Twitter)
The single most important gathering of Colorado River Basin officials came and went โ with no significant announcements regarding the often frustrating yet crucial seven-state negotiations for how to divvy up the river over the next 20 years…Here are three takeaways as the states wrestle with basinwide overuse of water, declining river flows due to a warming world and how to meet the federal governmentโs Valentineโs Day deadline for a consensus-based deal.
States far from deal โ with less than 60 days left
Unlike last yearโs conference, the seven states agreed to sit on a panel that was added to the agenda for the last day. The ballroom was still packed for the early morning session. Thatโs because the stakes are high for states to meet Burgumโs Feb. 14 deadline for a seven-state agreement. Should they not deliver one, Burgum could intervene and states are likely to sue. The Lower Basin states have agreed to shoulder the brunt of a massive deficit the system faces that totals 1.5 million acre-feet, or almost 489 billion gallons. However, the Upper Basin states of Colorado, Utah, New Mexico and Wyoming say they donโt have more water to give should cuts in their jurisdictions become necessary. Conflicts exist with state laws, too…
Temporary deal could be on the table to avoid courtroom
Nevadaโs governor-appointed negotiator, John Entsminger, spoke last on the panel and called out the other six states for failing to cede any ground on further conservation in their remarks. Without some compromise from each state on these long-standing arguments, the negotiations are โgoing nowhere,โ he said. While the states have been expected up until this point to deliver a 20-year deal, Entsminger suggested on the panel that a temporary, five-year deal could be on the table to comply with the Feb. 14 deadline.
Udall/Overpeck 4-panel Figure Colorado River temperature/precipitation/natural flows with trend. Lake Mead and Lake Powell storage. Updated through Water Year 2025. Note the tiny points on the annual data so that you can flyspeck the individual years. Credit: Brad Udall
Poor outlook sending shockwaves throughout basin
The underlying issues of the Colorado River are making this moment much more precarious. Several experts presented a dismal picture for the system at large. Carly Jerla, senior water resource program manager at the Bureau of Reclamation, said the agencyโs most recent projections place flows into Lake Powell anywhere between 44 percent to 73 percent of average this upcoming year. And since 2006, that replenishment of the reservoir has declined about 15 percent because of poor snow years, evaporative losses and more…
The back of Glen Canyon Dam circa 1964, not long after the reservoir had begun filling up. Here the water level is above dead pool, meaning water can be released via the river outlets, but it is below minimum power pool, so water cannot yet enter the penstocks to generate electricity. Bureau of Reclamation photo. Annotations: Jonathan P. Thompson
Jack Schmidt, who leads the Center for Colorado River Studies at Utah State University, has published several papers this year alongside a group of experts throughout the basin. By his estimation, should snowpack in the Rocky Mountains fail to impress again this winter, water managers may be blowing through a crucial buffer that ensures water can be released from Lake Powell into Lake Mead โ and that hydropower generation can continue.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
A new report from Colorado Lawโs Colorado River Research Group warns the Colorado River Basin is โout of time,โ describing conditions so severe they threaten the regionโs water supply, economy and governance. Called โColorado River Insights 2025: Dancing with Deadpool,โ theย reportย details a dire assessment of the basinโs worsening crisis and offers options for reform. According to the report, reservoirs that once stored four years of river flows are now more than two-thirds empty. The authors note a single dry year or two could push Lake Powell and Lake Mead below critical thresholds, jeopardizing hydropower, water deliveries, and even physical conveyance downstream. The report concludes that current operating rules through 2026 are unlikely to prevent this scenario.ย
โThis report underscores that the basin is out of time, the crisis is no longer theoretical,โ said Douglas Kenney, director of the Western Water Policy Program of the Getches-Wilkinson Center at the University of Colorado Law School and chair of the Colorado River Research Group.
โPost-2026 negotiations must produce durable, equitable, climate-realistic solutions โ and they must do so urgently. The message is stark: the Colorado River system is now dancing with Deadpool.โ
Among the key challenges:
Severe shortage risk: The authors warn that if the next two winters are dry, combined usable storage in Powell and Mead could fall below 4 million acre-feet โ far short of whatโs needed for water supply and compact obligations.
Climate-driven decline: Rising temperatures, shrinking snowpack efficiency and ocean-atmosphere interactions are reducing runoff and precipitation.ย
Safety nets collapsing: Groundwater reserves are rapidly depleting, while federal capacity โ funding, staffing and science programs โ are eroding. Interstate cooperation is fraying, and litigation may be on the table.
Authors stress that many challenges are self-inflicted and, in their view, solvable with technical, legal and financial tools already available.
Colorado River Basin Plumbing. Credit: Lester Dorรฉ/Mary Moran via Dustin Mulvaney and Twitter
The year is ending with the Colorado River at a critical juncture.
Figure 4. Graph showing active storage in Lake Powell, Lake Mead, and in Powell+Mead between January 1, 2023, and November 30, 2025. Credit: Jack Schmidt/Center for Colorado River Studies
The big reservoirs Mead and Powell remain perilously low and the seven states that share the basin have been unable to agree on cuts that would reduce their reliance on the shrinking river.
Reservoir operating rules expire at the end of 2026. If no agreement is reached the federal government could step in, or the states could take their chances in court. Itโs a risky move that no one in principle seems to want. Yet brinkmanship and entrenched positions have stymied compromise.
Native America in the Colorado River Basin. Credit: USBR
The basinโs Indian tribes, which collectively have rights to more than a quarter of its recent average annual flow, are adamant that their interests โ and more broadly, the river itself โ be protected. โAny progress made in the negotiations to date is merely rationing a reduced supply, not actively managing and augmenting it as a shared resource with strategies and tools that can benefit the entire basin,โ the leaders of the Gila River Indian Community wrote on November 12.
At Lake Mead National Recreation Area in Nevada, “the National Park Service’s focus remains on sustaining boating access and visitor services across the park, including operations at Hemenway Harbor, Callville Bay Marina, Echo Bay, Temple Bar Marina, and South Cove to the extent feasible,” the National Parks Traveler was told.
“As part of that effort, construction began at Hemenway Harbor last summer to extend the launch ramp and help maintain access as conditions change. Lake levels are closely monitored, and NPS operations continue to be adjusted as needed to support safe recreation while protecting park resources,” the Park Service said.
Two years ago Lake Mead officials adopted a plan to “maintain recreational motorboat access in the event water declines to 950 feet.” As of Tuesday, the elevation wasย 1061.76 feet, according to the U.S. Bureau of Reclamation. Atย Glen Canyon National Recreation Area, which straddles the Utah-Arizona border, the Park Service hasย spent more than $100 millionย in recent years to extend boat ramps and relocate a takeout for river runners coming down the Colorado River throughย Canyonlands National Park.
Colorado River negotiators are seen, from left to right: Becky Mitchell (Colorado), Tom Buschatzke (Arizona), Brandon Gebhart (Wyoming), and John Entsminger (Nevada). (Photo by Jeniffer Solis/Nevada Current)
Western states that rely on the Colorado River have less than two months to agree on how to manage the troubled river โ and pressure is mounting as the federal government pushes for a compromise and a troubling forecast for the riverโs two biggest reservoirs looms.
Top water officials for the seven Colorado River Basin states โ Arizona, California, Nevada, Colorado, New Mexico, Utah, and Wyoming โ gathered for the three-day Colorado River Water Users Association conference at Caesars Palace in Las Vegas last week.
Colorado River states have until Feb. 14 to reach a new water sharing agreement before current operating rules expire at the end of 2026 โor the federal government will step in with their own plan.
Despite the fast-approaching deadline, states reiterated many of the same issues they did during previous years at the conference, namely, which water users will need to sacrifice more water to keep the Colorado River stable as overallocation, climate change, and rising demand sucks the river dry.
Nevadaโs chief river negotiator and general manager of the Southern Nevada Water Authority John Entsminger offered a succinct but sharp assessment of the negotiations during a panel discussion Thursday.
โIf you distill down what my six partners just said, I believe thereโs three common things: Hereโs all the great things my state has done. Hereโs how hard/impossible it is to do any more. And here are all the reasons why other people should have to do more,โ Entsminger said.
โAs long as we keep polishing those arguments and repeating them to each other, we are going nowhere,โ he continued.
The seven states that share the riverโs flows have been deadlocked for nearly two years over how to govern the waterway through the coming decades โ even as water levels at Lake Mead and Lake Powell are forecasted to reach record lows after two straight years of disappointing snowpack across the West.
The Colorado Riverโs headwaters saw a weak snowpack last winter, contributing to one of the worst spring runoff seasons on record. Water flow into the river this year was only 56% of average, leading to significant reductions in Lake Powell, according to the Interior Departmentโs Bureau of Reclamation.
Federal officials also released a troubling forecast of expected flows for the river in 2026, which were significantly lower than previous predictions. Projections from the Bureau of Reclamation found the Colorado Riverโs inflow next year would likely be 27% lower than normal, with worst-case scenarios predicting even lower flows.
Without a strong winter snow season, itโs possible Lake Powellโs levels could drop low enough to cease hydropower production by next October โ a scenario that would also limit the departmentโs ability to send water downstream to Arizona, California and Nevada.
The federal government has refrained from imposing its own plan for the river, preferring the seven basin states reach consensus themselves. But the Interior Department has ramped up pressure on states to reach a deal.
The Bureau of Reclamationโs Acting Commissioner Scott Cameron said he and other federal officials have intensified efforts to bring states to a consensus, flying out West every other week since early April to meet with the seven statesโ river negotiators.
โThe expiration of the current agreements is not a distant horizon. Itโs less than a year away. The time to act is now,โ said Cameron.
Within the next few weeks, the Bureau of Reclamation will release a range of proposals to replace the riverโs current operating rules, but said they would not identify which set of operating guidelines the federal government would prefer
During the conference, negotiators for the seven states repeated that they are still committed to finding a consensus despite missing previous deadlines. Californiaโs biggest water districts said they were willing to โset aside many of their legal positionsโ in order to reach a seven-state agreement.
However, a long-term multidecade strategy for managing low river flows is likely out of reach.
โI went into this processโฆadvocating strenuously for a 20- to 30-year deal,โ said Entsminger. โI no longer believe thatโs possible with the time we have left and with the hydrology that weโre facing.โ
Entsminger said the โbest possible outcome at this junctureโ is a short-term five-year deal that sets new rules around water releases and storage at Lakes Powell and Mead.
During a panel of state negotiators, states highlighted water conservation efforts they have undertaken to reduce water use and protect the river, but all explained why their state canโt take on more cuts.
Figure 4. Graph showing active storage in Lake Powell, Lake Mead, and in Powell+Mead between January 1, 2023, and November 30, 2025. Credit: Jack Schmidt/Center for Colorado River Studies
โOur savings accounts are totally depleted,โ said Utahโsโs river negotiator, Gene Shawcroft. โReserviours were full when we started this process. Theyโre empty now.โ
One of the biggest disagreements between the Upper and Lower Basin states is over which faction should have to cut back on their water use during dry years.
The Lower Basin โ Nevada, Arizona, and California โ have agreed to take the first 1.5 million acre-feet in water cuts needed to address deficits and evaporation that are reducing flows in the river, but say any additional cuts during dry years must be shared with upstream states. Under the current agreement, Lower Basin states must take mandetory cuts when water levels in Lakes Powell and Mead are low.
The Upper Basin, which is not subject to mandatory cuts under the current guidelines, say they already use much less water than downstream states and should not face additional cuts during shortages.
Any more cuts to water users in downstream states during dry years will be politically perilous, explained Arizonaโs top negotiator, Tom Buschatzke. Arizona requires the state legislature to approve any changes to Colorado River management rules impacting the state.
Buschatzke called for the Upper Basin โ Colorado, Wyoming, New Mexico, and Utah โ to split any additional water cuts with the Lower Basin states 50-50.
โWe need conservation in the Upper Basin that is verifiable and mandatory,โ Buschatzke said, during the panel.
โI have to go to my legislature and get that approval,โ he continued. โAnd I will say right now, I do not think there is anything on the table from the Upper Basin that would compel me to do that today.โ
New Mexicoโs river negotiator, Estevan Lรณpez, responded, โI think weโve been pretty clear. We are unwilling to require additional mandatory reductions on our water users.โ
This story was originally produced by Nevada Current, which is part of States Newsroom, a nonprofit news network which includes Stateline, and is supported by grants and a coalition of donors as a 501c(3) public charity.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
Click the link to read the report from “Dancing with Dead Poll” on the Getches-Wilkinson website (Jack Schmidt1, Anne Castle2, John Fleck3, Eric Kuhn4, Kathryn Sorensen5, Katherine Tara6) Here’s Chapter 1:
In Brief
The rains of mid-October caused significant flooding in the San Juan River basin and increased reservoir storage throughout that basin and in Lake Powell.7ย However, basinwide reservoir storage remains low, and the October rainfall offerings were insufficient to alleviate the peril of declining overall water supply.
While the attention of the Basinโs water management community remains focused on the thus far unsuccessful effort to forge a seven-state agreement on future long-term operating rules, the Basin continues to face the risk of short-term crisis. If winter 2025-2026 is relatively dry and inflow to Lake Powell and other Upper Basin reservoirs is similar to that of 2024-2025, low reservoir levels in summer 2026 will challenge water supply management, hydropower production, and environmental river management. Under such a scenario, it is likely that less than 4 million acre feet in Lake Powell and Lake Mead would be realistically available for use during the nine months between late summer 2026 and the onset of snowmelt runoff in 2027. If winter 2026-2027 is also dry, water supply would be further constrained. The present reservoir operating rules that remain in place through 2026 are insufficient to avert this potential water supply crisis. Action to further reduce consumptive water use across the basin is needed now.
How did we get here?
The Basinโs reservoirs were nearly full in late summer 1999,8ย acting as a buffer against dry years and serving their fundamental purpose. At that time, the 46 Colorado River Basin reservoirs tracked by the Bureau of Reclamation in its Hydro database held 59.5 million acre feet (maf) in active storage,9ย more than four times the Basinโs average consumptive uses and losses in the 1990s (Fig. 1).10ย Beginning in 2000, five years of below average runoff11ย resulted in a 46% reduction in storage in the Basinโs reservoirs.12 During that time, the reduction in storage in Lake Powell and Lake Mead accounted for 90% of the Basinโs total loss in storage, because most of the Basinโs water was stored in those two reservoirs.
Figure 1. Graph showing active storage in Colorado River basin reservoirs between January 1, 2021, and November 30, 2025. Credit: Jack Schmidt/Center for Colorado River Studies
During the next fourteen and a half years, the amount of storage in the Basinโs reservoirs changed little, despite four years of large runoff (2005, 2011, 2017, and 2019). The increase in storage during the few wet years was nearly completely consumed during the more frequent dry years, and active storage in Powell and Mead was only 5% greater in late July 2019 than it had been at the beginning of 2005.13ย When dry years of low runoff returned between 2020 and 2022,14ย the Basinโs water users had little of the buffer that they had at the beginning of the 21st century. Combined active storage of Powell and Mead was halved again between mid-July 2019 and mid-March 2023,15ย reducing the combined contents of these two reservoirs to only 27% of what it had been in late summer 1999.16ย If next winterโs runoff is as low as it was in 2025ย 17ย and consumptive use is not significantly reduced, Powell and Mead will drop below the previous unprecedented low stand of mid-March 2023.
How much of active storage is realistically available?
One of the challenges of the current water supply crisis is uncertainty over how much water is actually available in the reservoirs for use. Although Reclamation regularly reports the amount of water in active storage, our analysis identifies realistically accessible storage as the more appropriate metric of the amount of water that is available for use without challenging the integrity of the dam structures, efficient production of hydroelectricity, or implementation of environmental river management protocols, especially in Grand Canyon.
The back of Glen Canyon Dam circa 1964, not long after the reservoir had begun filling up. Here the water level is above dead pool, meaning water can be released via the river outlets, but it is below minimum power pool, so water cannot yet enter the penstocks to generate electricity. Bureau of Reclamation photo. Annotations: Jonathan P. Thompson
Reservoir water that can be physically released from a dam is termed active storage. In virtually all reservoirs, there is a small amount of water below the elevation of the lowest outletsโthe infamously named dead pool. Active storage is everything above dead poolโwater that can be physically released through the reservoirโs lowest outlets.
We know, however, that not all the water above dead pool is readily usable. Engineering assessments have indicated that infrastructure constraints at Hoover and Glen Canyon Dams require that higher reservoir elevations be maintained, thereby constraining utilization of the lowest part of the active storage. We defined realistically accessible storage as the volume of water whose release does not impact previously identified engineering or hydropower-production constraints.
At Glen Canyon Dam, for example, the lowest release tubes, called the โriver outlets,โ are at elevation 3370 ft. Reservoir water below that elevation cannot be released and constitutes the dead pool. Above the river outlets, at elevation 3490 ft, are the intakes for the power generating turbines, known as the penstocks. The penstocks are the conduits that withdraw water from the reservoir into the powerplant to generate electricity, and thereafter discharge the water to the Colorado River downstream from the dam. When the reservoir falls below the elevation of the penstocks, the river outlets are the only means of discharging water through the dam (Fig. 2). The river outlets are not routinely used to release water; virtually all normal releases go through the penstocks.
Experience has shown that the river outlets were not designed for continuous release at the discharge rates required to meet downstream obligations. If the river outlets were to be used continuously, there is significant concern that structural damage to those outlets could occur.18
Accordingly, Reclamation has determined that it will take steps to avoid Lake Powell elevation declining below 3500 ft, considered a safe elevation for continuous withdrawal of water through the penstocks without risk of harm caused by cavitation to the turbines that produce electricity.19ย Similarly at Lake Mead, Reclamation has indicated its intent to protect the reservoir from going below elevation 1000 ft.20
Figure 2. Diagram showing schematic of Glen Canyon Dam elevations at which Lake Powellโs waters can be released downstream, and the volumes of water defined by these elevations. Active storage between 3370 and 3500 ft is not realistically accessible for continuous downstream release without risk to engineering infrastructure at the dam and powerplant. Hydroelectricity cannot be produced below 3490 ft, and 3500 ft has been established as a minimum safe level for intake through the penstocks.
The total volume of active storage in Lake Powell above dead pool but below elevation 3500 ft is 4.2 maf. Release of this stored water is constrained, because it cannot be safely withdrawn through the penstocks, and continuous use of the river outlets is considered unwise. At Hoover Dam, there is 4.5 maf of active storage below elevation 1000 ft, also not realistically accessible. In these two largest reservoirs of the Colorado River Basin, there is a total of 8.7 maf of active storage below the elevations required for safe and efficient operation of the infrastructure (Fig. 3). Thus, of the 14.9 maf of active storage at Lake Powell and Lake Mead on November 15, 2025, only 42% of that active storage, 6.2 maf, was realistically accessible.
Figure 4. Graph showing active storage in Lake Powell, Lake Mead, and in Powell+Mead between January 1, 2023, and November 30, 2025. Credit: Jack Schmidt/Center for Colorado River Studies
Implementation of environmental river management protocols at Glen Canyon Dam are constrained when the elevation of Lake Powell is low. Since 1996, controlled floods, administratively termed High Flow Experiments (HFEs), have been conducted at Glen Canyon Dam to rebuild eddy sandbars along the riverโs margin and conserve sediment. HFEs are now an essential component of the Long Term Experimental and Management Plan for Glen Canyon Dam.21ย Reclamation did not, however, release an HFE in 2021 or 2022 when sediment conditions were sufficient to trigger implementation of the HFE Protocol because Lake Powell was low. In early October of those years, when decisions about implementing HFEs were made, active storage in Lake Powell was 7.3 maf (elevation 3545.3 ft) and 5.8 maf (elevation 3529.4) in 2021 and 2022, respectively. Reclamation cited low storage as the reason not to release those controlled floods.22ย Although administrative decisions change with time, it is doubtful that any HFEs would be released if Lake Powell fell below elevation 3500 ft.
Low reservoir levels also impact Reclamationโs ability to control the invasion into Grand Canyon of smallmouth bass, and other warm water reservoir fish species, that dominate the recreational fish community of Lake Powell. These nonnatives are significant predators and competitors of endangered or threatened native fish species and live near the surface of Lake Powell. At moderate and low reservoir elevations, water withdrawn through the penstocks (termed fish entrainment) includes some fish that survive passage through the powerplant turbines and are delivered into the Colorado River downstream from the dam. These fish have the potential to successfully spawn downstream from the dam if river temperatures are relatively warm, such as occurs when Lake Powell is low and water is only released through the penstocks.
This infographic shows how as Lake Powell water levels decline, warm water containing smallmouth bass gets closer to intakes delivering water through the Glen Canyon Dam to the Grand Canyon downstream. Credit: U.S. Geological Survey
Reclamation has implemented a protocol to eliminate the potential of smallmouth bass population establishment in Grand Canyon by releasing some cooler water through the river outlets when the water released through the penstocks is warm. The objective of these Cool Mix releases is to disrupt smallmouth bass spawning downstream from the dam. Water released through the river outlets bypasses the powerplant and does not produce electricity, and Western Area Power Administration (WAPA) must purchase electricity on the open market to replace electricity that the agency contractually committed to provide. WAPA estimated that the cost of replacing contracted electricity was $18.9 million23ย and $6.5 million24ย during the Cool Mix releases of 2024 and 2025, respectively. The risk of fish entrainment from Lake Powell increases significantly as Lake Powellโs elevation drops, and the need to implement the Cool Mix protocol therefore increases. The risk is minimized if Lake Powell is higher than 3590 ft (10.8 maf active storage) and significantly increases when Lake
Powell is below 3530 ft (5.8 maf active storage).25 When water is no longer withdrawn through the penstocks, the risk of entrainment decreases, because all water passes through the lower elevation river outlets.
What would happen if the coming winter and spring snowmelt is similar to 2024-2025?
In anย analysis released in September 2025, we reviewed what might happen in the coming year if runoff is the same as it was last year and Basin consumptive uses and losses are the average of the past four years. We used a simple mass balance approach and estimated the available water supply and consumptive uses and losses, and calculated the difference between the two. The available water supply is the sum of the natural flow of the Colorado River at Lees Ferry plus inflows that occur in the Lower Basin, primarily in Grand Canyon. Consumptive uses and losses are those associated with diversions that support irrigated agriculture, municipal and industrial use, water exported from the Basin by trans-basin diversions, and reservoir evaporation. The difference between supply and use is the net effect on reservoir storage. We then estimated the effect of the Basinwide imbalance between supply and use on the combined realistically accessible storage in Powell and Mead, i.e., above elevations 3500 and 1000 ft in Lake Powell and Lake Mead, respectively.
In the scenario that we considered, we assumed that natural flow at Lees Ferry in the coming year will be 8.5 maf, the same as in Water Year 2025,26 and inflow in the Grand Canyon is 0.8 maf. Thus, we assumed a total supply in the coming water year of 9.3 maf. We analyzed a scenario wherein consumptive uses and losses in the United States portion of the Colorado River would be the average of the most recent four years (2021-2024), namely 11.5 maf,27ย and we assumed that 1.4 maf would be delivered to Mexico.
The gap between supply and use under this scenario is 3.6 maf, which would have to be met by additional withdrawals from reservoir storage. Assuming that 75% of this deficit would be withdrawn from Lake Powell and Lake Mead (2.7 maf), then the realistically accessible storage in these two reservoirs would be reduced to 3.5 maf, slightly less than the 21stย century low that occurred in mid-March 2023 (Fig. 3). Our analysis of this one realistically low inflow scenarioโthe coming yearโs supply is just like last yearโs and consumptive uses and losses are the average of the past four yearsโis consistent with, but less dire than, Reclamationโs most recent 24-Month Study minimum probable forecast28 for the coming year. That study projects that total storage in Lake Powell and Lake Mead will be drawn down by 3.8 maf during the next year, 2.9 maf from Lake Powell alone. Under Reclamationโs minimum probable projection, the elevation of Lake Powell would drop below 3500 ft in August 2026. All of the remaining realistically accessible storage, 2.5 maf in the scenario modeled by Reclamation, would be in Lake Mead. Under the assumption that the current operating rules remain in effect in 2027, Reclamationโs projection is that the elevation of Lake Powell would stay below elevation 3500 ft through at least July 2027.
Further complicating the situation is that the status and ownership of water in Lake Mead at very low storage levels is unclear. Lake Mead holds (a) water available for allocation in the Lower Division under the prior appropriation system, (b) at least some amount of the water due to Mexico under treaty obligations, and (c) assigned water. Assigned water, commonly known as Intentionally Created Surplus or ICS, is water that can be delivered independent of the Lower Basinโs prior appropriation water allocation system and that is held in Lake Mead by the Secretary of the Interior for the benefit of a specific entity. Assigned water also includes delayed water deliveries held for the benefit of the Republic of Mexico that can be delivered subsequently in amounts in excess of the U.S. treaty obligation to Mexico of 1.5 maf/year. Owners of assigned water have the right to withdraw that water when Lake Mead water levels are above 1025 ft, but entitlement holders in the priority system also have a right to water deliveries, as does Mexico via treaty.
Sketches by Floyd Dominy show the way he’d end the Glen Canyon Dam. From the article “Floyd Dominy built the Glen Canyon Dam, then he sketched its end on a napkin” on the Salt Lake Tribune website.
So long as there is water in Lake Mead adequate to fulfill all required and requested deliveries, no conflict arises. However, as the amount of water in Lake Mead decreases, the potential for a clash increases. International treaty obligations take precedence over deliveries pursuant to the priority system within the U.S., but it is unclear how competing priorities and entitlements will be resolved within the U.S. Holders of higher-priority entitlements would likely contest the Secretaryโs authority to reduce their deliveries while withholding assigned water from the priority system. As of the end of 2024, there was approximately 3.5 maf of assigned water in Lake Mead, almost the same as the amount of realistically accessible water in storage above elevation 1000 ft. If Lake Powell ever became a โrun of the riverโ facility, the potential for conflict over access to water in Lake Mead would also increase.
Implications
We are not weather forecasters and have no crystal ball that reveals the coming winter snowpack. We are not predicting that our assumptions about the gap between supply and use/losses and the resulting drawdown of Lake Powell and Lake Mead will inevitably occur. Our scenario is merely one of many possibilities, but our assumptions are sufficiently realistic to serve as a warning of how close the Basin is to a true water crisis. Our results should serve as a call to action. We need to adopt additional and immediate measures across the Basin to reduce water consumption even further during the next year, well before any new guidelines are in place.
Taking steps now to decrease consumptive uses across the Basin will reduce the need to implement draconian measures next summer or in the following years. Every acre foot saved now is an acre foot available for our future selves, slowing the rate of reservoir decline and creating more room for creative Colorado River management solutions. If, on the other hand, we delay reducing water usage and addressing reservoir drawdown, we may find ourselves in more significant distress at the beginning of the Post-2026 guidelines. As weย wrote in October, continued reduction in Lake Powell releases also brings the Basin perilously close to the Colorado River Compact โtripwire,โ the point at which the ten-year rolling total of water delivered from the Upper Basin to the Lower Basin might trigger litigation asking the U.S. Supreme Court to interpret long avoided ambiguities in rules written a century ago by the drafters of the Colorado River Compact.
We do not presume to make specific recommendations about the steps that should be taken immediately to reduce consumptive use in the Basin. There are many smart and experienced individuals in the Colorado River community whose sole focus is on the mechanics of operating the Colorado River water system and the impacts of operations on their particular constituencies.
We can, however, highlight the available mechanisms for reduction of consumptive use that should be explored for their immediate utility in diminishing the looming jeopardy to the overall system. Such mechanisms include:
Releases from federal reservoirs upstream of Lake Powell to stabilize storage in Lake Powell.
Such releases would be made pursuant to the Drought Response Operations Agreement or similar successor agreement or pursuant to the Secretary of the Interiorโs inherent authority to operate federal water projects. Obviously, such releases do nothing to solve the imbalance between supply and demand and will create additional depletions in the system when these reservoirs are refilled. Such releases can, however, provide a temporary bulwark against exceptionally low levels in Lake Powell.
Additional reductions in deliveries from Lake Mead under the Secretaryโs Section 5 delivery contracts in the Lower Basin, as authorized by Section II.B.3 of the decree in Arizona v. California, 376 U.S. 340 (1964).
By reducing deliveries from Lake Mead, releases from Lake Powell could also be reduced without the risk of causing exceptionally low storage in Lake Mead.
Extension of system conservation programs in the Lower Basin, and facilitation of an Upper Basin water conservation program, both funded through compensation from federal or state governments or other water users in the Basin, and requiring specific quantities of saved water.
Relying on compensated annual forbearance alone is unsustainable, however, because it is not feasible to pay water users in the long term to forgo the use of water that nature no longer supplies. Permanent reductions in consumptive use are both necessary and also the most productive use of limited funding. In addition, to be effective, changes to state law in some Upper Basin states may be necessary, including recognition of water conservation as a beneficial use for the purpose of avoiding litigation concerning the Colorado River Compact. Finally, authorization for shepherding of saved water to the intended place of storage is essential, including across state borders.
Reductions in deliveries to Mexico through negotiation of a new minute.
Reductions in consumptive use by federal water projects in the Upper Basin, if allowable pursuant to the Secretaryโs authority.
It should be noted, however, that in order to benefit the Colorado River system, any such reductions must be recognized at the point of diversion and shepherded to the intended place of storage.
It is obvious that any long-term agreement for future Colorado River operations among the Basin States should be evaluated based on its immediate ability to reverse the storage declines experienced in recent years and anticipated in the future under similar hydrology. An agreement that does not reliably balance supply with uses and losses is not sustainable. Similarly, any operational alternative proffered by the Department of the Interior must achieve the same objectives. When our reservoir storage is as low as it is now, we have very little buffer to rely onโwe simply cannot use more water than nature provides.
The focus within the Basin and among its principal water users and state negotiators has been on the formulation of the Post-2026 guidelines for operation of the river. But action is necessary now to avoid creating conditions that will doom the next set of operating principles by initiating their implementation when the Basin is in full crisis mode. No governmental administration, state or federal, wants to see the Colorado River system fail on its watch. Negotiators have worked tirelessly to reach agreement, yet have come up short. The hour is late. The Secretary must take decisive action.
Photo Credit: John Weishei via the Colorado River Research Group
Footnotes
1ย Director, Center for Colorado River Studies, Utah State University, former Chief, Grand Canyon Monitoring and Research Center.
2ย Senior Fellow, Getches-Wilkinson Center, University of Colorado Law School, former US Commissioner, Upper Colorado River Commission, former Assistant Secretary for Water and Science, US Dept. of the Interior.
3ย Writer in Residence, Utton Transboundary Resources Center, University of New Mexico.
4ย Retired General Manager, Colorado River Water Conservation District.
5ย Kyl Center for Water Policy, Arizona State University, former Director, Phoenix Water Services.
6ย Staff Attorney, Utton Transboundary Resources Center, University of New Mexico.
7ย Between 9 October and 8 November, five reservoirs in the San Juan River basin gained 204,000 af in total storage, especially in Navajo and Vallecito Reservoirs. Between 9 October and 20 October, Lake Powell gained 105,000 af in active storage, and the total contents of Lake Powell and Lake Mead increased by 108,000 af between September 25 and October 27.
8ย Schmidt, J.C., Yackulic, C.B., and Kuhn, E. 2023. The Colorado River water crisis: its origin and the future. WIREs Water 2023;e1672.
9ย Total active storage in the Basinโs 46 reservoirs was at its maximum on 24 August 1999.
10ย Total Basin consumptive uses and losses, including deliveries to Mexico, averaged 14.2 maf/yr between 1990 and 1999.
11ย Average natural flow of the Colorado River at Lees Ferry, estimated by Reclamation, was 9.5 (Water Year, WY) and 9.6 (Calendar Year, CY) maf/ yr between 2000 and 2004. Average natural flow for the preceding ten years (1990-1999) was 15.0 maf/yr (WY, CY). Average natural flow for the entire 21st century between 2000 and 2025 was 12.3 maf/yr (WY, CY).
12ย Total active storage of the Basinโs reservoirs was 32.0 maf on 19 October 2004.
13ย Total active storage in Lake Powell and Lake Mead was 23.0 maf on 1 January 2005 and was 24.2 maf on 28 July 2019, a 5% increase.
14ย Average natural flow at Lees Ferry averaged 9.0 (WY) and 9.2 (CY) maf/yr between 2020 and 2022.
15ย Total active storage in Lake Powell and Lake Mead was 12.7 maf on 14 March 2023, 48% less than it had been on 28 July 2019.
16ย Total active storage in Lake Powell and Lake Mead was 47.7 maf on 19 September 1999.
17ย Reclamation estimates that natural flow at Lees Ferry was 8.5 (WY, CY) maf in 2025.
18ย Bureau of Reclamation, Establishment of Interim Operating Guidance for Glen Canyon Dam during Low Reservoir Levels at Lake Powell (2024).18
19 Bureau of Reclamation, Supplement to 2007 Colorado River Interim Guidelines for Lower Basin Shortages and the Coordinated Operations of Lake Powell and Lake Mead, Record of Decision (2024) (SEIS ROD).
20ย Id.
21ย U.S. Department of the Interior, Record of Decision for the Glen Canyon Dam Long-Term Experimental and Management Plan, Final Environmental Impact Statement, December 2016.
22ย Salter, G. and 7 co-authors, 2025, Reservoir operational strategies for sustainable sand management in the Colorado River. Water Resources Research 61, e2024WR038315.
23ย Ploussard, Q., Paviฤeviฤ, M., and Yu, A. 2025. Financial analysis of the smallmouth bass flows implemented at the Glen Canyon Dam during Water Year 2024. Argonne National Laboratory report ANL 25/44, 17 pp.
24ย C. Ellsworth, Western Area Power Administration, pers. commun.
25ย Eppenhimer, D. E., Yackulic, C. B., Bruckerhoff, L. A., Wang, J., Young, K. L., Bestgen, K. R., Mihalevich, B. A., and Schmidt, J. C. 2025. Declining reservoir elevations following a two-decade drought increase water temperatures and non-native fish passage facilitating a downstream invasion. Canadian Journal of Fisheries and Aquatic Sciences 82:1-19.
26ย During the 21st century, natural flow at Lees Ferry was lower than this amount in 2002, 2012, 2018, and 2021, meaning that this is not a worst case scenario.
27ย In 2024, consumptive uses and losses in the Upper and Lower Basins totaled 11.4 maf.
28ย October 2025 24-Month Study Minimum Probable Forecast. For a discussion of why the Minimum Probable forecast has become a more reliable indicator of the future than the Most Probable 24-Month Study, seeย Awaiting the Colorado River 24-Month Study, Aug. 14, 2025.
Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0
Anne Castle, Jeff Kightlinger, Jim Lochhead at the 2025 CRWUA Conference. Photo credit: Water Mark (@OtayMark)
Click the link to read the article on the Aspen Daily News website (Austin Corona). Here’s an excerpt:
December 17, 2025
Federal officials have released a โsoberingโ forecast of 2026 water levels in the Colorado River, with expected flows plummeting from previous predictions. Precipitation later in the winter could turn those dire forecasts around, officials say, but the current outlook is grim for a river already flirting with crisis. Officials published the new forecast on Monday, only a day before negotiators and stakeholders from the riverโs basin states gathered in Las Vegas for a three-day conference. The federal government has given states until February to agree on a longer-term strategy for managing low river flows. The Colorado Riverโs flow in 2026 (specifically, the unregulated inflow to Lake Powell) could be 27% lower than normal, according to the most probable scenario in the December forecast, with worst-case scenarios predicting even lower flows. The projection has worsened estimates released in November (16% lower than normal in most probable scenarios).
โWe all know Mother Nature is a trickster and can often confound our expectations. We certainly hope she intends to do that this year,โ said Wayne Pullan, the Bureau of Reclamationโs regional director for the Upper Colorado River Basin, on Tuesday. โBut Decemberโs outlook is troubling.โ
The bureau, which manages federal dams, will delay water releases at Lake Powell to conserve supplies in the reservoir during the dry winter months in 2026, Pullan said. Even with those efforts, however, the lakeโs water levels could fall to critical levels in 2027 as another disappointing year hits the basin. A bad water year in 2026 would compound already poor conditions from 2025, when river flows have been less than half of normal. The new forecast increases the possibility that water levels in Lake Powell could drop below the intakes for hydropower turbines and that releases from the lake could fall below the annual average required to meet the requirements of the 1922 Colorado River Compact, which governs water allocation between the seven states that use the river. Without above-average flows in future years to bring averages back up, or an interstate deal on how to manage drought, those low releases could set the stage for a legal battle on the river.
The back of Glen Canyon Dam circa 1964, not long after the reservoir had begun filling up. Here the water level is above dead pool, meaning water can be released via the river outlets, but it is below minimum power pool, so water cannot yet enter the penstocks to generate electricity. Bureau of Reclamation photo. Annotations: Jonathan P. Thompson