Colorado River water negotiators appear no closer to long-term agreement

It comes after the states blew past a November deadline for a new plan to deal with drought and water shortages after 2026, when current guidelines expire. The U.S. Bureau of Reclamation has set a new deadline of Feb. 14.

Nevada's lead negotiator said it is unlikely the states will reach agreement that quickly.

“As we sit here mid-December with a looming February deadline, I don’t see any clear path to a long-term deal, but I do see a path to the possibility of a shorter-term deal to keep us out of court,” John Entsminger of the Southern Nevada Water Authority told The Associated Press.

An essential resource

More than 40 million people across seven states, Mexico and Native American tribes depend on the water from the river. Farmers in California and Arizona use it to grow the nation's winter vegetables such as broccoli, cabbage and carrots. It provides water and electricity to millions of homes and businesses across the basin.

But longstanding drought, chronic overuse and increasing temperatures have forced a reckoning on the river's future. Existing water conservation agreements that determine who must use less in times of shortage expire in 2026. After two years of negotiating, states still haven't reached a deal for what comes next.

The federal government continues to refrain from coming up with its own solution — preferring the seven basin states reach consensus themselves. If they don't, a federally imposed plan could leave parties unhappy and result in costly, lengthy litigation.

Not only is this water fight between the upper and lower basins, individual municipalities, tribal nations and water agencies have their own stakes in this battle. California, which has the largest share of Colorado River water, has over 200 water agencies alone, each with their own customers.

“It’s a rabbit hole you can dive down in, and it is incredibly complex,” said Noah Garrison, a water researcher at the University of California, Los Angeles.

No deal emerges

During a Thursday panel of state negotiators, none appeared willing to bend on their demands. Each highlighted what their state has done to conserve water, from turf-removal projects to canal lining in order to reduce seepage, and they explained why their state can’t take on more. Instead, they said, others should bear the burden.

Entsminger, of Nevada, said he could see a short-term deal lasting five years that sets new rules around water releases and storage at Lakes Powell and Mead — two key reservoirs.

Lower Basin states pitched a reduction of 1.5 million acre-feet per year to cover a structural deficit that occurs when water evaporates or is absorbed into the ground as it flows downstream. An acre-foot is enough water to supply two to three households a year.

But they want to see a similar contribution from the Upper Basin. The Upper Basin states, however, don’t think they should have to make additional cuts because they already don’t use their full share of the water and are legally obligated to send a certain amount of water downstream.

“Our water users feel that pain,” said Estevan López, New Mexico's representative for the Upper Colorado River Commission.

Upper Basin states want less water released from Lake Powell to Lake Mead.

But Tom Buschatzke, director of the Arizona Department of Water Resources, said he hasn’t seen anything on the table from the Upper Basin that would compel him to ask Arizona lawmakers to approve those demands.

Within the coming weeks, the Bureau of Reclamation will release a range of possible proposals, but it will not identify a specific set of operating guidelines the federal government would prefer.

Scott Cameron, the bureau's acting commissioner, implored the states to find compromise.

“Cooperation is better than litigation,” he said during the conference. “The only certainty around litigation in the Colorado River basin is a bunch of water lawyers are going to be able to put their children and grandchildren through graduate school. There are much better ways to spend several hundred million dollars.”