Anticipating a critical water shortage next year, feds on the brink of overriding states to cap Colorado River water use
Amid the worst drought in the recorded history of the Colorado River Basin, the federal government is giving Colorado and six other states just one more month to finalize drought contingency plans to rein in water use. If all seven basin states do not comply by March 4, the feds will intervene and create its own scheme to adjust water usage across the West.
Jan. 31 was the original deadline for the Upper and Lower Basin states to submit their completed drought contingency plans before the Department of the Interior uses its authority to draw up plans at the federal level.
The Upper Basin states of Colorado, Wyoming, Utah and New Mexico have already submitted their plans, as well as the country of Mexico. The Lower Basin states — Arizona, California and Nevada — have yet to finalize their plans.
There is good reason for the urgency. Lake Mead and Lake Powell, which collectively distribute the Colorado River’s water to 40 million people across the West, are at the lowest levels they’ve been since Lake Powell was first filled in the ‘60s. The drought has been continuous since 2000, with warming temperatures and shorter winters leaving less and less snow melting at the river’s source. The feds wanted the drought contingency plans to be in place by this summer to slow down water loss and avoid reaching critically low reservoir levels next summer.
If a critical level is reached at either major reservoir, a water shortage will be declared, putting into effect water cutback agreements made back in the ‘20s. Water claim owners with lower priorities, such as farmers, will be forced to cut back on water use and jeopardize thousands of acres and millions of dollars of agricultural industry across the southwest.
To avoid that scenario, the river basin states were called on years ago by the federal Bureau of Reclamation to draw up plans to leave more water in the river when certain reservoir levels are reached. The plans would reduce the risk of the reservoirs hitting critically low water levels.
Coming up with drought contingency plans is time consuming and requires a lot of negotiating among thousands of water rights holders. A particular hangup exists with Arizona, which is the only state that needs state legislature approval before the plans can be officially submitted.
Arizona has been struggling to get the many ranchers, farmers, American Indian tribes and other stakeholders who rely on water in one of the driest parts of the country to agree to cutbacks in the case of a water emergency. After a lot of log rolling, and just six hours before the Jan. 31 deadline, Arizona’s Gov. Doug Ducey signed a drought contingency plan that the state believed to be sufficient.
However, the Bureau of Reclamation was not satisfied. The next day, the bureau proclaimed that Arizona, California and Nevada had not submitted complete plans, as agreements had not been reached with all the key water rights holders. In other words, the feds were not convinced that the drought contingency plans were sufficient to ensure water levels staying above critical.
The bureau gave the states until March 4 to finalize their plans. If they’re not finalized by then, the feds would request comment from the governor of each state on how they wish to manage their water, with a public comment period.
The feds saw Arizona’s late effort to pass a plan as promising, and is still optimistic that the plans can be finalized by the deadline, avoiding federal intervention. However, the situation is grave enough that March 4 may very well be the last day the basin states can control their own destiny when it comes to water management.
“This departmental action was not our preferred approach,” the Bureau of Reclamation said in a statement. “However, any further delay elevates existing risks in the basin to unacceptable levels. It is our hope that the basin states will promptly complete the (plans), and if they are successful, we anticipate terminating (plans for federal intervention.)”
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