Feds Ease Up on Colorado River Restrictions — for Now

The Biden administrationʻs announcement this week, which will move the river from a “Tier 2a”shortage back down to a “Tier 1” shortage, should give Arizona cotton farmers and Phoenix-area cities a little more breathing room next year. But the river’s long-term prognosis means that it may not be wise for farmers to start planting more fields, or for cities to keep adding new golf courses and lawns.

“I’d say it’s probably not going to help that situation much,” said Paco Ollerton, a farmer who grows cotton and other crops outside the city of Casa Grande, south of Phoenix. “The acreage has dropped quite a bit. We’re probably about 25 percent fallow in the district this year.” The easing of drought restrictions might help some farmers increase their acreage, Ollerton added, but many will hold off on replanting because they’re wary of future cuts.

Even as the Biden administration sets a more relaxed standard for 2024, officials are preparing to roll out a larger series of water cuts that will last for the next three years. These bigger cuts, which the administration hopes will lift the river out of the drought-induced crisis of the past few years, were the result of a hard-fought compromise between the seven states that use the river — and in particular between the two largest users, Arizona and California.

The announcement of the compromise plan in May brought an end to a year of tense negotiations between the states and the Biden administration, triggered by unprecedented fears that Lake Powell and Lake Mead would bottom out altogether. In that doomsday scenario, hydroelectric plants that provide power to millions of people would have shut down, and water might not have been able to move past the reservoirs at all. The compromise plan uses about $1.5 billion in drought funding from the Inflation Reduction Act to compensate farmers and cities for using less water over the next three years. 

This was a welcome outcome for farmers in places like Imperial County, California, who had expected to take uncompensated water cuts for the first time in history, as well as for city leaders in Arizona, who had stood to lose a huge share of their Colorado River water during the negotiations. The compromise was only possible because of this year’s wet winter, which deposited enough snow to prop up water levels in Lake Powell and Lake Mead. With reservoirs recovering, the states could get away with more modest cuts — and pay for them with money that Senator Kyrsten Sinema of Arizona secured within the Inflation Reduction Act last year.

Even so, the compromise leaves several questions unanswered. The biggest question is how the states can reduce usage over the long term to account for the gradual aridification of the river. Farmers and cities can save water through techniques like drip irrigation or wastewater recycling, but these technologies are expensive to implement. In all likelihood, some places will have to farm less or build fewer houses. Furthermore, many tribal nations along the river still can’t access the water to which they have legal rights, and satisfying those rights could mean taking water away from other non-tribal users.

The federal government needs to hash out answers to these questions with states and tribes by the end of 2026, when the current operating guidelines for the river will expire. The Biden administration already kicked off that process last month when it asked stakeholders to weigh in on the river’s future. The negotiations won’t kick off in earnest for months or even years, but the administration’s goal is clear: avoid a repeat of the past yearʻs crisis at all costs.

Jake Bittle is a free-lance reporter. This story was originally published by Grist. You can subscribe to its weekly newsletter here.