A tentative federal plan for Colorado River water use through 2036 seems “encouraging" for Upper Basin states like Wyoming, said Gov. Mark Gordon. But Lower Basin states aren't happy at all, with Arizona's governor calling parts of it "draconian."
The U.S. Department of the Interior, through the Bureau of Reclamation, on Friday released a final environmental impact statement (EIS) for future Colorado River operations.
Wyoming Gov. Mark Gordon, along with other Upper Basin governors, quickly issued a cautiously optimistic response.
“While the final details are still being analyzed by Upper Division States, we are encouraged that new operating guidelines will better reflect existing water supply, which must underpin any practicable plan going forward,” according to the statement.
Arizona Gov. Katie Hobbs wasn’t so hopeful in a response she issued Friday.
She stated that the feds' plan "still contains unacceptable options that include the federal government forcing Arizona to take the majority of draconian water cutbacks …”
Wyoming state Sen. Larry Hicks, R-Baggs, has said that Arizona could be the flashpoint for legal battles over the Colorado River’s dwindling supply.
“Arizona is the state that’s most likely to litigate and say, ‘We’re entitled to this water; you need to send it to us,’” said Hicks, who served on the Legislature’s Select Water Committee.
Greater Demands On Lower Basin?
There’s long been tension between the Upper Basin states of Wyoming, Colorado, Utah and New Mexico, and Arizona, California and Nevada in the Lower Basin.
Regarding the EIS, the Bureau of Reclamation says that plans through 2026 could include “the opportunity for voluntary Upper Basin conservation up to 200 kaf (200,000 acre-feet), subject to hydrology.”
An acre-foot is the amount of water it takes to cover an acre of land to a depth of 1 foot.
The agency’s statement didn’t offer further explanation of what that could mean for Wyoming or other Upper Basin states.
State Engineer Brandon Gebhart represents Wyoming on the Upper Colorado River Commission, which called a meeting Friday to discuss the EIS.
During a break, Gebhart emailed Cowboy State Daily.
“We are still reviewing the EIS. At this time, I am unable to comment,” he wrote.
The EIS apparently calls for higher demands on the Lower Basin states.
Those include “annual releases from Lake Powell between 5.0 maf (million acre-feet) and 12.0 maf, Lower Basin shortages of up to 3.0 maf, the ability to store up to 8.0 maf and 3.0 maf of conserved water in Lake Powell and Lake Mead,” according to the Bureau of Reclamation's plan.
Tough Talk On Water Rights
Hicks has said many Wyoming farmers and ranchers might be unaffected by squabbles over the 1922 Colorado River Compact. The compact designated water rights for the seven basin states, Mexico and Native American tribes.
Hicks noted that many Wyoming agricultural irrigation rights predate the 1922 compact.
Speaking on July 23 in Cheyenne, U.S. Interior Secretary Doug Burgum and Gordon addressed the situation with the Colorado River.
Burgum said the federal government is prepared to step in and dictate a water-use plan if the states can’t settle their differences by Oct. 1.
“I’ve said before … if we come up with a plan that nobody likes, we probably have the right plan,” said Burgum, who was North Dakota’s governor before President Trump tapped him to head the Department of the Interior.
“Because when you have a shortage (of Colorado River water) that’s this severe, if somebody was happy and somebody was unhappy, then it’s not the right amount of sharing the pain or shouldering the responsibility," he added.
Gordon said he appreciated the Trump administration listening to the states and agricultural users.
“But I want to make sure people understand that Wyoming water law is sacrosanct, and it’s not going to be affected,” he said.
Mark Heinz can be reached at mark@cowboystatedaily.com.
