WASHINGTON, D.C. (KTNV) — Should the federal government block funding to states that sue over the Colorado River?
That's what Amy Haas, the executive director of the Colorado River Authority of Utah, proposed to lawmakers during a U.S. Senate Energy and Natural Resources Committee hearing on Wednesday.
"I'm here this morning to tell you that the window to solve this without lawyers, judges and generational damage to basin relationships is shrinking faster than Lake Powell ... Dollars should go to real on-the-ground solutions that move the needle on supply, not to enrich lawyers," Haas said. "Compact litigation on the Colorado River will be unprecedented, will involve all seven basin states, and will be orders of magnitude larger than any interstate water case ever brought. It will potentially take multiple decades to resolve."
Haas called for a "legal detente" now, as states continue to negotiate new agreements over the river that supplies water to more than 40 million people. She told the committee that federal dollars should be spent to shore up infrastructure to make it more drought resilient, but shouldn't be used for lawsuits.
"We urge Congress to send a clear signal that states that choose courtrooms over cooperation should not expect Washington to bankroll it," Haas said.
She also stated that Upper Basin states are contributing just as much to conservation efforts as the Lower Basin states.
"To those that contend that Utah and the other upper division states are unwilling to put anything on the table, that is simply untrue," Haas said. "I'm here today to say that Utah is willing to secure commitments to conserve up to 23,000 acre feet in 2027 and 2028 through our state conservation program."
In April, the Bureau of Reclamation announced several changes, including reducing releases from Lake Powell and moving water from the upstream Flaming Gorge Reservoir. Haas said that's a temporary measure and can't be counted on for long-term stability.
"Flaming Gorge will not save the system. It is good for one, maybe two major releases. Reclamation is currently drawing that reservoir down by more than 1/3 of its capacity over the next year to rescue Powell. We are proposing that releases from Flaming Gorge and other facilities upstream are capped, fully recovered, and effective in protecting Glen Canyon Dam, not simply used to increase downstream releases," Haas said. "This prevents the reservoir from being treated as an unlimited emergency backstop every time Powell drops and guarantees a supply in Flaming Gorge for future use."
The U.S. Department of Interior is moving ahead with its own plans while states continue negotiating, including offering states a new agreement that is getting mixed reactions. Meanwhile, some states appear to be spiraling toward litigation. Arizona has retained a law firm and Utah's legislature began socking away money in a legal fund, just in case.
"Congress gave the states room to negotiate. The Department gave the states room to negotiate. When the states asked for more time, they received it, but deadline after deadline has passed," Utah Sen. Mike Lee, who chairs the Energy and Natural Resources Committee, said during Wednesday's hearing.
Sen. Lee called out some states for their rhetoric, saying it was "unhelpful," which was echoed by some of his colleagues.
"Without a seven-state agreement, the consequences are clear: more litigation, unplanned water shortages, economic disruption and heightened risk to communities least able to absorb it," said Sen. Martin Heinrich, who represents New Mexico. "Delay carries its own consequences and the basin can no longer afford to wait."
Andrea Travnicek, the assistant secretary for water and science at the U.S. Department of Interior, said her agency was moving ahead but still hoping for a seven-state consensus deal.
"We will continue to have to work with everybody, seven basin states, tribes, and also working with Mexico, and also recognizing the impacts, right? We also get phone calls from landowners, from ranchers and all the different impacts. So again, any and all ideas we're welcoming it," she told lawmakers.
As for the future, Travnicek said the department is looking at ways to store more water. For example, she said Intentionally Created Surplus (ICS) water was "extremely helpful in propping up Lake Mead" and raised the lake by 75 feet.
Nevada Sen. Catherine Cortez Masto asked Travnicek if the Interior Department needs consent from Upper Basin states to coordinate releases from Flamingo Gorge, Navajo and Blue Mesa reservoirs to Lake Powell if it falls below an elevation and can no longer produce hydropower.
"We feel that Reclamation, the Department of the Interior has the authority to move forward if we cannot get to consensus," Travnicek said.
California Sen. Alex Padilla also voiced one of the Golden State's conditions for a new deal.
"California water users have banked more than 1.6 million acre feet of water in Lake Mead. We've done this through intentionally created surplus, the results of significant conservation investments, as well as voluntary reductions over the past 15 years. It didn't just happen overnight. Fifteen years of commitment here," Padilla said. "The ability to access this resource down to elevation 1,000 in Lake Mead is a must-have provision for California to agree to any Colorado River proposal."
WATCH | Nevada, California, Arizona exploring Colorado River water sharing options:
Travnicek stated California's conservation measures are one of the reasons why Lake Mead is 75 feet higher than it would have been before. However, she can't guarantee California will get what they want.
"We're looking at this 10-year framework and the two-year operation, how it can be accessed between 1,025 and 1,000, and that's where we want to make sure, again, not just going by modeling but what the real hydrology is telling us within the basin. What does that type of decision do to the system as a whole?" Travnicek said. "We're willing to have a look and see what that looks like from 1,025, but we also want to make sure there's an opportunity for the secretary to engage as well so that we really understand what's being asked, what are some of the emergencies they're pointing to, and why they might need that."
Travnicek said that over the last five years, the Interior Department has budgeted $9 billion for Colorado River operations, projects and funding. Cortez Masto asked if there's any money left for water recycling.
"I think there has been a narrative out there that there's a billion dollars left and there's not," Travnicek said. "We are getting down to less than $100 million that's left in the IRA (Inflation Reduction Act) dollars, and actually, a lot of those are on some projects that we've been working not only with this basin but other basins as well."
Meantime, the seven states that rely on the Colorado River have until Oct. 1 to reach an agreement on new operating guidelines. However, they have been unable to do so.
This article was written in collaboration with reporter Ben Winslow from KSTU, our sister station in Salt Lake City.
