With the leaders of seven states deadlocked over the Colorado River\u2019s deepening crisis, negotiations increasingly seem likely to fail \u2014 which could lead the federal government to impose unilateral cuts and spark lawsuits that would bring a complex court battle. <\/p>\n
Interior Secretary Doug Burgum has urged negotiators for the states to reach a deal by Feb. 14, but substantial disagreements remain.<\/p>\n
\u201cAll seven states know that if we\u2019re unable to achieve an agreement, it would likely fall to the courts, and that would be a lengthy and uncertain process,\u201d Colorado Gov. Jared Polis said in an interview.<\/p>\n
\u201cI\u2019m confident that Colorado would prevail based on the merits,\u201d Polis said, but a court fight is \u201csomething that I don\u2019t think any state desires.\u201d<\/p>\n
The Colorado River provides water for about 35 million people<\/a> and 5 million acres of farmland, from the Rocky Mountains to northern Mexico. The water was originally divided among the states in 1922 under an agreement called the Colorado River Compact. <\/p>\n That agreement overpromised what the river could provide. And in the last quarter-century, relentless drought intensified by climate change has sapped the river\u2019s flow<\/a> and left its giant reservoirs severely depleted. <\/p>\n The three states of the Lower Basin \u2014 California, Arizona and Nevada \u2014 are at odds with the four Upper Basin states of Colorado, Wyoming, Utah and New Mexico.<\/p>\n In a meeting this week, Arizona officials seemed to be anticipating failure. They pointed out that the amount of water flowing into Lake Mead, the nation\u2019s largest reservoir, could soon fall to a trigger point \u2014 a legal \u201ctripwire<\/a>\u201d that would allow Arizona to demand cuts upriver and sue for a violation of the compact. <\/p>\n The century-old agreement requires the water released from Upper Basin dams for Arizona, Nevada and California to average at least 7.5 million acre-feet over any decade, plus an allotment for Mexico.<\/p>\n The water reaching the Lower Basin will probably fall below that point later this year or next, which has never happened, said Brenda Burman, general manager of the Central Arizona Project. It\u2019s sobering, she said. \u201cOur Upper Basin neighbors have always met that obligation in the past.\u201d<\/p>\n Arizona will not likely drop that issue unless the Upper Basin states take \u201csignificant actions\u201d by agreeing to larger water cuts, said Tom Buschatzke, Arizona\u2019s lead negotiator. <\/p>\n If the states don\u2019t reach a deal, federal officials could sharply cut Arizona\u2019s water starting next year, and at that point a lawsuit is likely, Buschatzke said.<\/p>\n \u201cI can\u2019t tell you when, but that seems to be the path we\u2019re on.\u201d <\/p>\n Representatives of the Lower Basin states have offered to accept substantial cuts: 27% for Arizona, 17% for Nevada and 10% for California.<\/p>\n \u201cWe\u2019re willing to do more if our partners in the Upper Basin states come to the table with reductions of their own,\u201d Arizona Gov. Katie Hobbs said during the meeting Monday. <\/p>\n Hobbs was one of six governors who met last week Washington with Burgum.<\/p>\n California Natural Resources Secretary Wade Crowfoot, who attended in place of Gov. Gavin Newsom, said the negotiators are \u201cnarrowing down the issues of difference among the two basins, and that gives me optimism.\u201d<\/p>\n They have been talking for more than two years, trying to agree on new rules that will take effect next year. At first, negotiators spoke of a 20-year deal. Now, they\u2019ve lowered their sights to five years max.<\/p>\n The Trump administration has hinted at what could come next without a deal. The U.S. Bureau of Reclamation outlined several options<\/a> that would cut water for Arizona between 33% and 69%, and Nevada between 24% and 67%. Under some options, California could see reductions of between 29% and 33%.<\/p>\n Cities including Phoenix, Las Vegas and Los Angeles would be forced to turn to other water sources<\/a>, and some areas could face shortages and stepped-up restrictions on outdoor watering. Some tribes could get less water. And farming operations, which consume about three-quarters<\/a> of the water, could be forced to scale back and leave some fields dry. <\/p>\n At the same time, Buschatzke said, the federal proposals actually would allow Upper Basin states to increase their water use.<\/p>\n \u201cAs they continue to grow, we\u2019ll have to cut even more,\u201d he said. <\/p>\n Negotiators for Arizona, California and Nevada say they are pushing for Upper Basin leaders to commit to cutting water use to help boost low reservoir levels, and those states\u2019 resistance to firm commitments is a sticking point.<\/p>\n Polis said, however, that demands for mandatory cuts<\/a> are a \u201cnonstarter\u201d for Colorado.<\/p>\n \u201cThe Upper Basin states cannot legally commit to mandatory cutbacks,\u201d Polis said, because they have landowners with senior water rights, and if the states were to take away those rights, they \u201cwould be liable for hundreds of millions or billions of dollars.\u201d <\/p>\n \u201cThat being said, we absolutely want to do our part on conservation,\u201d Polis said. \u201cWe are willing to put specific conservation goals on the table.\u201d<\/p>\n He said he hopes federal funds will be available to support water-saving efforts.<\/p>\n That has happened before. Under a temporary deal reached in 2023, for example, farmers in California\u2019s Imperial Valley and other areas have been paid to leave hay fields dry<\/a> part of the year.<\/p>\n Polis said the cuts offered by the Lower Basin would be enough in years of average snow in the Rockies, but the plan should also include larger cutbacks for dry years.<\/p>\n The states also disagree on how much water should be released from dams in the upper watershed to prevent the river\u2019s two largest reservoirs, Lake Powell and Lake Mead, from falling to perilously low levels<\/a>.<\/p>\n Lake Mead is now just 34% full, and Lake Powell 26%.<\/p>\n This winter\u2019s warm and dry conditions aren\u2019t helping. The Rocky Mountain<\/a> snowpack is at just 57% of average, one of the smallest in decades.<\/p>\n One of the goals of the negotiations is to prevent \u201cdead pool<\/a>\u201d levels in the reservoirs, where water would lap against the concrete at the very bottoms of the dams, unable to pass downriver \u2014 a scenario that would mean a catastrophic water shutoff for California, Arizona and Mexico. <\/p>\n