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EnvironmentClimate Weather Climate Solutions Animals Climate Lab Green Living
EnvironmentClimate Weather Climate Solutions Animals Climate Lab Green Living



COLORADO RIVER CITIES AND FARMS FACE DIRE TRADE-OFFS WITH NEW FEDERAL REVIEW


THE FEDERAL ENVIRONMENTAL IMPACT STATEMENT REVEALS THE DILEMMA BETWEEN FOLLOWING
LEGAL WATER RIGHTS OR SPREADING CUTS EVENLY AMONG STATES

By Joshua Partlow
Updated April 11, 2023 at 7:47 p.m. EDT|Published April 11, 2023 at 2:00 p.m.
EDT

Water flows through Navajo Canyon in Page, Ariz., in October. The water in
Navajo Canyon connects with Lake Powell, which feeds into the Colorado River.
(Joshua Lott/The Washington Post)

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The Biden administration on Tuesday moved closer to imposing unprecedented cuts
in how much water Arizona, California and Nevada could pull from the Colorado
River, while raising the possibility that these reductions could be distributed
in ways that contradict long-standing water rights that favor powerful farming
regions.


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In releasing a new environmental review of how to operate the Colorado River’s
major reservoirs, the Interior Department detailed the painful dilemma facing
the American West after a two-decade drought and chronic overuse.



Interior officials also defended Secretary Deb Haaland’s right to make cuts in a
proportional way in times of emergency even if that goes against water rights
held by farming communities from more than a century ago.

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Over the past year, the seven states of the Colorado River basin have been
unable to reach an agreement among themselves to make major cuts to protect the
reservoirs. The federal government expects to make a decision on how reductions
could be distributed by August.

Amid the tables of numbers and technical jargon in the draft environmental
review, the three options the Interior Department proposes for consideration
expose the stark decision in the coming months. One option would strictly follow
water rights and give priority to farming regions in California, such as the
Imperial Valley, that stock supermarkets across the country with winter
vegetables — while letting a large part of the water supply of Phoenix and Los
Angeles “get taken virtually to zero,” as Interior Department Deputy Secretary
Tommy Beaudreau put it in an interview.

Another option would distribute up to 2 million acre-feet of cuts in water usage
— more than 15 percent of the river’s average flow over the past two decades —
in the same percentage across all users in Arizona, California and Nevada. That
would be different from how cuts have been distributed in the past.

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Both federal and state officials have warned that the third option, changing
nothing, would be the worst of all. That’s because climate change and the drying
of the West have put the reservoirs of Lake Powell and Lake Mead — the water
supply for tens of millions of people — on a path toward falling so far that the
dams could no longer produce hydropower, or even hit “dead pool,” when water
would effectively be blocked from flowing to the southern states.

If no action is taken, “we can expect water levels to continue to decline,
threatening the operations of the system, and the water supply of 40 million
people,” U.S. Bureau of Reclamation Commissioner Camille Calimlim Touton said
Tuesday from a conference room at the Hoover Dam.

Through the windows behind her, the bleached “bathtub ring” on the hillside
above Lake Mead was clearly visible — a reminder of how far the reservoir, now
about a quarter full, has fallen over the past two decades of drought.

“Some may believe that this winter’s snow and rain has saved the river, but that
is not the case,” said Tom Buschatzke, director of the Arizona Department of
Water Resources. “We have a lot of hard work and difficult decisions ahead of us
in this basin.”


Workers harvest romaine lettuce from the fields at the Elmore Desert Ranch in
Brawley, Calif., last month. (Ricky Carioti/The Washington Post)

State officials expressed the desire for all seven Colorado River basin states
to reach an agreement over the next few months and avoid the need for the
federal government to impose cuts unilaterally. Federal officials described the
two alternatives they laid out — strictly following water rights, or making cuts
of the same percentage across California, Arizona and Nevada — as “bookends” on
a spectrum, giving state officials direction to seek compromise in between.

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“It gives us the framework … on which we can build and perhaps find something
that is partway between those two bookends,” said Estevan Lopez, New Mexico’s
representative on the Upper Colorado River Commission. “I think that’s our
challenge right now.”

The goal of the document is to assess potential rule changes for how water is
released from Lake Powell and Lake Mead to protect these reservoirs from falling
below what is known as “minimum power pool.” That’s the point at which the Glen
Canyon and Hoover dams can no longer produce hydropower because there is not
enough water to flow through the turbines safely. These reservoir elevations —
about 3,500 feet above sea level at Lake Powell and 950 feet at Lake Mead — will
be the thresholds that the federal government is working to avoid. Lake Powell
stands just 20 feet above that level and is less than a quarter full.

“Our fundamental assumption is we’re protecting the system and we’re not going
to allow shortages to bring the system below those elevations,” Beaudreau said.

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The unusually wet and snowy winter in the West has eased some of the most dire
predictions for immediate cuts. The 2.083 million acre-feet ceiling on cuts that
the environmental review establishes is at the low end of the 2 million-to-4
million acre-feet range that Touton, the Bureau of Reclamation commissioner,
called for last summer.

Beaudreau said that he was “comfortable with that number” and that it would be
the “outer bounds” of what the federal government would consider cutting heading
into next year. It also gives the seven states of the Colorado River basin
something to shoot for, he said, as they develop programs to conserve water by
paying farmers not to plant crops and making other improvements to improve the
efficiency of irrigation.

An acre-foot is about 326,000 gallons, what it would take to cover an acre of
land with a foot of water.

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The Biden administration has set aside billions of dollars from new legislation
to fund payments for drought resilience and to encourage such water savings. The
more cuts to water usage that can be made voluntarily within the states would
reduce the amount the federal government might impose unilaterally.

In some ways, the options presented in the environmental review mirror the
proposals that the seven basin states have been wrestling with this year.

In January, six of the states — Arizona, Nevada, New Mexico, Colorado, Utah and
Wyoming — agreed on an approach that would make major cuts in a proportional way
among states. That would hit California farmers in places such as the Imperial
Valley — who suck up a lot of the river and have rights to it that predate some
cities — particularly hard.

California, the largest user of Colorado River water, rejected that approach,
and called for cuts that adhered to water rights priority. The plan would be
devastating to Arizona, state officials there say.


The Central Arizona Project that diverts water from the Colorado River is seen
on in Maricopa County, Ariz., in August. (Matt McClain/The Washington Post)

The states have so far failed to reach an agreement on voluntary cuts.

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But Tuesday’s environmental review also establishes a different way to justify
the reductions. The six-state plan rationalized departing from a strict
adherence to water rights by attributing some 1.5 million acre-feet of cuts to
evaporation and other losses as water travels down the canals from the major
reservoirs.

But the federal government’s second alternative — the one for proportional cuts
— is based not on evaporation but on Haaland’s legal authority to protect the
river.

“In our mind, the appropriate presentation is grounded in the secretary’s
authorities to provide for human health and safety, manage the system under
emergency conditions, and provide for beneficial use,” Beaudreau said. “It is
the secretary’s responsibility, and she has the authority, to protect the
system.”

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Haaland’s authority could be at issue if states decide to bring lawsuits
challenging the federal government’s decision. The threat of litigation has hung
over this process from the beginning, and many worry that a prolonged legal
battle would delay taking action and let the reservoirs continue to fall.

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“We have to avoid that outcome,” said Buschatzke, with the Arizona Department of
Water Resources. “Litigation that might take 10 or 15 or 20 years is going to be
occurring while the system and the lake behind us is going to crash.”

Colorado River Board of California Chairman J.B. Hamby, who is also a board
member of the Imperial Irrigation District, said California is “looking to
develop a true seven-state consensus” over the next two months.

Story continues below advertisement



While the Interior Department did not say which option it preferred, Beaudreau
acknowledged that “nobody’s advocating” for the path that strictly follows water
rights seniority and would cut off major cities such as Phoenix and Los Angeles
from big portions of their water supply.

“Even California would say that’s not what we want,” he said. “But we think
analytically it’s important to show if you just follow strict priority and you
had to cut 2 million acre-feet out of the system, this is what would happen.”

Advertisement


Now that the environmental review has been published, a public comment period
will last for 45 days. Haaland is expected to choose an option this summer. By
August, Lake Powell and Lake Mead will have new rules for how much water comes
out of the dams and flows to the Southwest.

“We’re on a little bit of a merry-go-round. We got to get off the
merry-go-round. We need to have an outcome,” Buschatzke said. “I think we lose
confidence of the public if they don’t see us taking major steps, creating an
outcome in which we are stabilizing the system for a long time out into the
future.”

1734 Comments
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By Josh Partlow
Joshua Partlow is a reporter on the The Washington Post’s national desk. He has
served previously as the bureau chief in Mexico City, Kabul, Rio de Janeiro, and
as a correspondent in Baghdad. Twitter
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