Water Law Commons^™

The Colorado River Upper Initial Units Take Center Stage, Eric Kuhn, Anne Castle, Jack Schmidt, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

In 1956, Congress authorized the Upper Initial Units—Flaming Gorge Reservoir,

Navajo Reservoir, and the Aspinall Unit (UIUs)—for a variety of water use

purposes in the Upper Colorado River Basin, including compliance with the

1922 Colorado River Compact (1922 Compact). The historical record is clear

that the primary reason these reservoirs exist is to satisfy the math of the 1922

Compact and the obligations it imposed on the Upper Division States

regarding flows at Lee Ferry.

The Colorado River Water Supply Crisis In A Few Graphs: Part 2 Agricultural Water Use In The Lower Basin, Jack Schmidt, Anne Castle, Eric Kuhn, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

Reductions in Lower Basin water use during the last four years, including

forecast use in 2026, are similar to the initial targets for Lower Basin shortages

described in the Final Environmental Impact Statement for Post-2026

Operational Guidelines and Strategies for Lake Powell and Lake Mead (FEIS)

and the accompanying Record of Decision (ROD).

6 Lower Basin consumptive

use in 2023, 2024, and 2025, and forecast for 2026 has been the smallest for

the entire 2010-2026 period. These four years of smallest use are between 1.4

and 1.7 million acre feet/year (maf/yr) less than the 7.50 maf/yr amount

generally recognized as …

A Significant Moment In The Colorado River Water Supply Crisis, Jack Schmidt, Anne Castle, John Fleck, Eric Kuhn, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

On Sunday, July 12, the surface of Lake Powell was 3524.32 feet above sea level, and the surface of Lake Mead was at 1042.77 ft.7 These elevations equated to 5,505,869 and 7,169,640 acre feet (af), respectively, of live storage in the two reservoirs. The combined total live storage of these reservoirs was 12,675,509 af. The last time the combined total live storage in Lake Powell and Lake Mead was this small was May 23, 1957, during construction of Glen Canyon Dam when the entire amount of 12,668,000 af was stored in Lake Mead.

The Colorado River Water Supply Crisis In A Few Graphs: Part 1, Jack Schmidt, Anne Castle, Eric Kuhn, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

In 2026 and for only the third time in the 21st century, there was no accumulation, and no recovery, of total Basin live storage6 during the snowmelt season. Nor was there any accumulation or recovery of total live storage in Lake Powell and Lake Mead during the 2026 snowmelt season. Total Basin live storage (hereafter, total Basin storage) is all the water available in the Colorado River Basin’s reservoir “savings account” and stored in reservoirs within the watershed.7 On June 1, total Basin storage was 22.94 million acre feet (maf), only 1.62 maf above the previous minimum of March 20238 …

Update: Colorado River Basin Storage Continues Slide Toward System Crash, Anne Castle, Jack Schmidt, Eric Kuhn, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

If the Colorado River Basin (Basin) experiences another dry year, similar to Water Year 2025, it is likely that reasonably accessible storage in Lake Powell and Lake Mead would be mostly depleted, even if consumptive uses and losses are at or near historic lows. Run-of-the-river operations would shortly ensue. This would be an outcome with devastating consequences. In contrast, if next year is very wet, similar to Water Year 2023, the Basin’s largest federal reservoirs would recover somewhat, but would provide only about two years of cushion before we find ourselves again in the same position we are in today, …

Rethinking How The United States And Mexico Share The Colorado River, Eric Kuhn, Anne Castle, Carlos De La Parra, John Fleck, Jack Schmidt, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

Since 1945, the United States and Mexico have managed common interests on their two largest shared rivers systems, the Colorado and the Rio Bravo/Rio Grande, under the terms of the 1944 international treaty that was designed from the beginning with tools to adapt to changing hydrologic and societal conditions. A recent emergency agreement on the Rio Bravo/Rio Grande illustrates what is possible, and with old river management rules on the Colorado both within the United States and between the United States and Mexico about to expire, we are at a moment of opportunity for meaningful change. The core problem on …

Lake Powell And Lake Mead Are Moving In Opposite Directions -- What Gives?, Jack Schmidt, Eric Kuhn, Anne Castle, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

No abstract provided.

Considerations For Assigned Water After Expiration Of The 2007 Guidelines, Kathryn Sorensen, Sarah Porter, Anne Castle, John Fleck, Eric Kuhn, Jack Schmidt, Katherine Tara

The Traveling Wilburys of the Colorado River

As Colorado River supplies and demands reach razor-thin margins, new tools to provide adaptive capacity will play a critical role in sustaining communities across the West. We must reduce our consumption of water, while finding ways to cushion the impact. One of the most innovative tools for doing this, developed over the last two decades, is “Assigned Water” - giving users the ability to store conserved water earmarked for their own future use. Originally developed as “Intentionally Created Surplus” in the 2007 Colorado River Interim Guidelines, Assigned Water has been revised and expanded through U.S. Mexico Treaty Minutes and as …

Expanding The Good Samaritan Program: Cleaning Up The Colorado River, One Mine At A Time, Jordan Carlson

Wyoming Law Review

The headwaters of the Colorado River Basin supply nearly 90% of the river’s flow and are among the most hydrologically sensitive areas in the U.S. During the nineteenth and early twentieth centuries, westward expansion and the allure of gold and other valuable minerals drove thousands of miners into the basin. When the mining boom ended, the mines were left behind. Today, thousands of abandoned hardrock mine sites continue to leach acidity and heavy metals into streams, leaving a lasting impact on water quality. For decades, strict environmental liability laws made cleanup nearly impossible, creating a chilling effect that discouraged even …

Analysis Of Colorado River Basin Storage Suggests Need For Immediate Action, Jack Schmidt, Anne Castle, John Fleck, Eric Kuhn, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

Consumptive water use in the Colorado River Basin continues to outpace natural flow. The dwindling reserve stored in reservoirs that has long sustained this shortfall might soon be exhausted. Immediate steps should be taken to reduce current consumptive uses in the Upper and Lower Basins.

Awaiting The Colorado River 24-Month Study, John Fleck, Anne Castle, Eric Kuhn, Jack Schmidt, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

No abstract provided.

Essential Pillars For The Post-2026 Colorado River Guidelines, Anne Castle, John Fleck, Eric Kuhn, Jack Schmidt, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

The process for determining the operating rules for the Colorado River system that will take effect in 2027 is in full swing. While various alternative operating regimes have been proposed, no preferred or consensus alternative has yet emerged. As a group of experienced Colorado River colleagues without affiliation to any Basin State, Tribe, or interested stakeholder, we submit that there are fundamental principles that should form the basis of the ultimate Record of Decision defining management of the Colorado River for the future. We propose the following essential pillars for inclusion in the Post-2026 Guidelines.

Reservoir Storage In Mid-March: Where Do We Stand?, Jack Schmidt, John Fleck, Kathryn Sorensen, Eric Kuhn, Katherine Tara

The Traveling Wilburys of the Colorado River

No abstract provided.

Till The Rivers All Run Dry: Equal Sovereignty And The Western Water Crisis, Simon Ciccarillo

Washington and Lee Law Review Online

Across the United States, a countless number of people rely on groundwater for basic necessities such as eating, drinking, agriculture, and energy-creation. At the same time, overuse combined with increasingly dry conditions throughout the country, tied to the increasingly unpredictable and devastating impacts of climate change, threaten this fundamental building block of society. Nowhere is this problem more pernicious than the American Southwest. The Colorado River Basin has always been the epicenter of water disputes between communities and states. Bad policies, unhelpful federal actions, and sluggish Supreme Court decisions stop the painful but necessary steps to address the increasingly dire …

A Bold Plan For Saving The Colorado River, Mark Squillace

Publications

No abstract provided.

Navajo Nation V. United States Department Of The Interior, Adam W. Johnson

Public Land & Resources Law Review

The Navajo Nation sued the United States government alleging the government breached its trust obligation over the allocation of water rights in the Colorado River Basin. On remand, the district court denied the Navajo Nation leave to file its third amended complaint for futility, holding that the general trust relationship was insufficient to support the Nation’s breach of trust claim.

Slides: Dam Operations: Does A Changing World Call For Changing Plans?, Reed D. Benson

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Reed D. Benson, University of New Mexico School of Law

13 slides

Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Water scarcity is increasingly dominating headlines throughout the world. In the southwestern USA, the looming water shortages on the Colorado River system and the unprecedented drought in California are garnering the greatest attention. Similar stories of scarcity and crisis can be found across the globe, suggesting an opportunity for sharing lessons and innovations. For example, the Colorado River and Australia's Murray-Darling Basin likely can share many lessons, as both systems were over-allocated, feature multiple jurisdictions, face similar climatic risks and drought stresses, and struggle to balance human demands with environmental needs. In this conference we cast our net broadly, exploring …

Forgetting Nature: The Importance Of Including Environmental Flows In International Water Agreements, Amy Hardberger

Faculty Articles

From the moment States created political boundaries to define their territory, they have shared water. There are 263 transboundary lake and river basins worldwide and 300 known transboundary aquifer systems. Whenever sharing is present, the opportunity for conflict is too. Climate change and increasing population are only two factors that may lead to increasing conflict if attention is not given to these situations. Thankfully, sharing water also creates an opportunity for cooperation. Throughout the world, there are increasing examples of conflict and cooperation regarding shared water resources. International water agreements can promote regional peace and security and encourage economic growth. …

Slides: The Colorado River: Innovation In The Face Of Scarcity, Anne J. Castle

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Anne J. Castle, Stanford Woods Institute for the Environment

40 slides

Slides: Untitled [Innovative Agreements], Greg Hobbs

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Justice Greg Hobbs, Colorado Supreme Court

13 slides

Slides: Perspectives On Water Management In Arizona, Kathy Jacobs

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Kathy Jacobs, Director, Center for Climate Adaptation Science and Solutions (CCASS), Department of Soil, Water and Environmental Science, University of Arizona

25 slides

Slides: Colorado's Water Plan, Lauren Ris

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Lauren Ris, Assistant Director for Water, Colorado Department of Natural Resources

23 slides

Slides: Six Decades Of Texas Water Planning, Ronald Kaiser

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Ronald Kaiser, Professor of Water Law and Policy, Chair of Graduate Water Degree Program, Texas A&M University

32 slides

Slides: Urban Water Reliability And The Salton Sea: Can We Have Both?, Michael Cohen

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Michael Cohen, Senior Research Associate, Pacific Institute

29 slides

Slides: Moffat Collection System Project, Travis Bray

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Travis Bray, Project Manager, Moffat Collection System Project, Denver Water

45 slides

An Introduction To The Colorado River Research Group: Purpose, Membership And Contact Information, Colorado River Research Group

Books, Reports, and Studies

[11] p. : color illustrations ; 28 cm

Charting A New Course For The Colorado River: A Summary Of Guiding Principles, Colorado River Research Group

Books, Reports, and Studies

[4] p. : color illustrations ; 28 cm.

Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16)

The Colorado River is an economic, environmental and cultural lifeline of the southwestern United States, and the allocation of its scarce waters are a source of ongoing controversy. This year marks the 50th anniversary of the Supreme Court decision in Arizona v. California. While the case was an important landmark in the still-evolving relationship between these two Lower Basin states, it remains most relevant today by the way in which it clarified federal rights and responsibilities. This is especially true in the areas of federal (including tribal) reserved rights, the role of the Interior Secretary in Lower Basin water …

Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson

Publications

No abstract provided.