WATER SECURITYStates and Tribes Scramble to Reach Colorado River Deals Before Election

By Jake Bittle

Published 5 April 2024

There are three main forces driving the conflict on the Colorado River. The first is an outdated legal system that guarantees more water to seven Western states than is actually available in the river during most years. The second is the exclusion of Native American tribes from this legal system. The third is climate change, which is heating up the western United States and diminishing the winter snowfall and rainwater that feed the river. Landmark agreements would cut big states’ water usage for decades and deliver water to the Navajo Nation.

There are three main forces driving the conflict on the Colorado River. The first is an outdated legal system that guarantees more water to seven Western states — Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming — than is actually available in the river during most years. The second is the exclusion of Native American tribes from this legal system, which has deprived many tribes of water usage for decades. The third is climate change, which is heating up the western United States and diminishing the winter snowfall and rainwater that feed the river.

The states and tribes within the Colorado River basin have been fighting over the waterway for more than a century, but these three forces have come to a head over the past few years. As a severe drought shriveled the 1,450-mile river in 2022, negotiators from the seven states crisscrossed the country haggling over who should have to cut their water usage, and how much. As the arguments dragged on, the Biden administration chastised states for letting the water levels in the river’s two main reservoirs fall to perilous lows. The Navajo Nation, the largest tribe on the river, went before the Supreme Court to argue for more water access.

These issues are all converging ahead of this fall’s presidential election, which could upend negotiations by ushering in a new Congress and new leadership at the federal Bureau of Reclamation, which controls the river. With the clock running out, two major deals are now taking shape. They could fundamentally alter the way states and tribes use the river, bringing about a fairer and more sustainable era on the waterway — if they don’t fall apart by November.

The first deal would see the states of the river’s so-called Lower Basin commit to lowering their water usage by as much as 20 percent even during wetter years, addressing a decades-old water deficit driven by Arizona and California. There are still questions about how much water the states of the Upper Basin, led by Colorado and Utah, will agree to cut, but state leaders expressed optimism that a final agreement between all seven states will come together in the next few months.