Arizona Braces for Legal Battle Over Colorado River Water Rights
Arizona is preparing for a potential legal showdown as it seeks to secure its access to Colorado River water amid a persistent drought and exceptionally dry conditions across the Western United States. The state has retained the law firm Sullivan & Cromwell to represent its interests in potential litigation among the Colorado River Basin states and the federal government.
Colorado River Basin Facing Critical Shortages
The Colorado River is a critical water source for 40 million people in seven states – Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming – as well as Mexico and 30 Native American tribes. It likewise supports agricultural operations and hydroelectric power generation. However, the river’s water supply has been declining for the past 25 years due to a prolonged drought exacerbated by climate change.
Arizona’s Legal Strategy
On Monday, Arizona Governor Katie Hobbs’s office announced the engagement of Sullivan & Cromwell, a New York City-based international law firm with experience representing major corporations like Microsoft, BP, Goldman Sachs, and JPMorgan Chase. The state is utilizing funds from a $3 million legal defense fund established last year to cover the firm’s fees. While the Governor’s Office anticipates legal action will not be necessary before June, it aims to be prepared, particularly if the dispute escalates to the U.S. Supreme Court.
Stalled Negotiations and Impending Deadlines
Negotiations for an updated water usage agreement among the Upper and Lower Basin states have been ongoing for over two years. However, the states have missed two previous deadlines – November and February – and are approaching the October expiration of the current agreement. If a consensus is not reached, the federal government will implement one of its draft plans, which are expected to disproportionately impact Arizona.
Central Arizona Project at Risk
The Central Arizona Project (CAP), a canal system supplying Colorado River water to central and southern Arizona, is particularly vulnerable. As a relatively recent user of the river’s water, CAP is legally positioned to face the first cuts in allocation during times of shortage.
Disagreement Between Upper and Lower Basins
A key point of contention is the refusal of the Upper Basin states to agree to water usage cuts. The Lower Basin states maintain that all states should share the burden of reducing consumption. Arizona has proposed a 27% reduction in its allocation, California has offered a 10% reduction, and Nevada has proposed nearly a 17% reduction.
Adherence to the 1922 Colorado River Compact
Arizona negotiators are also emphasizing the importance of adhering to the original 1922 Colorado River Compact, which requires the Upper Basin states to release an average of 75 million acre-feet of water to the Lower Basin over a 10-year period, in addition to Mexico’s allotment, totaling approximately 80.2 million acre-feet. An acre-foot of water is equivalent to 325,851 gallons – enough to supply three Arizona homes for a year.
Declining Reservoir Levels and Future Concerns
As water levels in Lake Mead and Lake Powell continue to decline, concerns are growing that the Upper Basin states may be unable to meet the 75 million acre-feet requirement as early as 2027. The original compact allocated 7.5 million acre-feet annually to both the Upper and Lower Basins. While the allocations remain unchanged, Lower Basin states face mandatory cuts during droughts, while Upper Basin states do not.
Conservation Efforts and Usage Trends
The Lower Basin states have made significant strides in water conservation since 2014, reducing their collective consumption from 7.4 million acre-feet in 2015 to over 6 million acre-feet in 2024. Conversely, the Upper Basin states have increased their usage from 3.9 million acre-feet in 2021 to 4.4 million acre-feet in 2024. The federal government’s draft plans would allow for even greater water usage by the Upper Basin states.
Arizona’s Continued Commitment to Negotiation
Governor Hobbs has proposed an additional $1 million for the Colorado River Legal Defense fund, which recently received preliminary approval from lawmakers. Despite preparing for a legal battle, Arizona remains committed to pursuing a negotiated agreement with the other basin states.