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Negotiations commence over the future of the Colorado River

Posted at 4:56 PM, Dec 14, 2023
and last updated 2023-12-14 19:37:22-05

LAS VEGAS — Negotiations are getting under way over the future of the Colorado River, a lifeline for more than 40 million people.

On Thursday, the seven state representatives who will engage in those talks spoke at the annual meeting of the Colorado River Water Users Association, providing some insight into what they want to see addressed in future agreements between states, tribes, the federal government and Mexico.

"They will not accept a status quo," Colorado's commissioner, Rebecca Mitchell, said of her state's feelings on things.

John Entsminger, Nevada's commissioner, said "every state, every water user must be willing to compromise."

The Colorado River spans seven states and two countries. There are numerous interests and stakeholders and the decisions made by the states will impact the lives and livelihoods of millions of people. But the river has faced declines and demand for the water is higher than ever.

"We're looking forward to a future of climate change. It’s very uncertain what that’s going to entail," said JB Hamby, California's commissioner. "This is a basin-wide problem that’s going to require basin-wide solutions."

There have been grievances aired at this conference. Upper basin states have complained of inequities when it comes to cuts and they've accused lower basin states of overconsumption. But lower basin states with a much larger population have insisted they are stepping up. On Wednesday, the U.S. Bureau of Reclamation signed a deal with California water officials for stronger conservation measures designed to keep water in Lake Mead.

Arizona's commissioner, Tom Buschatzke, told the crowd at the conference there needs to be a "a shared responsibility with everyone in the basin, all seven states and Mexico."

Estavan López, the commissioner for New Mexico, agreed with the notion of a shared responsibility, but had a counterpoint.

"We need to also acknowledge the reality the upper basin faces that the lower basin doesn’t face," he said. "That is the hydrologic shortages that happen year after year after year and probably will get worse as things get drier."

States will begin crafting their proposals by March of 2024 with plans to arrive at a new agreement in 2026. Each commissioner acknowledged they will all have to compromise.

"The only option that reduces the risk to our water users is consensus solution. Anything else is taken out of our hands, likely by people who understand the situation must less than we do," said Brandon Gebhart, Wyoming's river commissioner.

If they fail to reach agreement, the federal government and the courts could get involved and force something on the states.

"Russian roulette sounds like an interesting, sometimes lucrative game, until it doesn’t work out for you any longer. That’s what the Supreme Court and the Congress is for us."

But Mitchell warned there will be limits in the negotiations.

"I want to be real clear that we can’t accept something that continues to drain the system, that puts 40 million people at risk," she said.

Tribal and environmental groups also have interest in ensuring rights are protected. John Berggren with the environmental group Western Resource Advocates, said the river itself must be protected as the states quarrel over who gets how much of its water.

"What I'd like to see out of these new guidelines and negotiations is a stronger consideration of the river itself," he told FOX 13 News. "How we can manage the river not only to meet those objectives of water supply, water resiliency, make sure the tribes get their water — but the river itself has built in mechanism so we have a healthy Colorado River."

Entsminger noted the negotiations will be "messy" but Utah's commissioner, Gene Shawcroft, still had hope.

"There’s no doubt we can reach agreement. We all know what's at play. The alternatives are horrible and there’s tremendous pressure to come up with a solution we can all live with," he told FOX 13 News.