Arizona Braces for Legal Showdown Over Colorado River Water Rights

PHOENIX — Arizona’s Department of Water Resources is preparing for potential legal battles over Colorado River water allocation, should negotiations with other states fail to yield satisfactory results. Tom Buschatzke, the state’s top water official, is advocating for a $1 million “set-aside appropriation” from Governor Katie Hobbs and state lawmakers, to cover potential litigation costs.

Buschatzke expressed the hope that a collaborative solution will emerge from current discussions among the seven basin states, tribes, and federal entities. “We don’t want war, we want peace,” he stated, emphasizing the need for self-negotiated agreements rather than imposed solutions from courts or Congress. Such outcomes could severely impact Arizona’s access to the river.

Recent projections suggest worsening conditions due to climate change, adding urgency to the discussions. The Bureau of Reclamation estimates that total available water in the system may need to be reduced by up to an additional 4 million acre-feet annually, surpassing existing cuts. The upper basin states—Colorado, New Mexico, Utah, and Wyoming—have shown reluctance to share this reduction burden, arguing that the lower basin states, including Arizona, have depleted significant reservoirs.

“There is a significant possibility that this process could result in litigation,” Buschatzke warned, indicating that federal court might be the likely venue for disputes. He underlined the importance of securing funds to protect Arizona’s entitlement to 2.8 million acre-feet of Colorado River water, which is critical for the state’s water supply.

This appeal for funding is not just a precaution; it also serves as a signal to neighboring states that Arizona will defend its entitlements vigorously. “It is a significant commitment to demonstrate Arizona’s commitment to protecting its entitlement from the Colorado River,” Buschatzke noted.

The backdrop of these discussions is the impending expiration of the river’s current operating guidelines at the end of 2025. The Department is actively negotiating with its counterparts to ensure a fair distribution of the water supply. Currently, Arizona’s allocation remains below its maximum potential. This year, it is taking about 1.9 million acre-feet, prioritizing the preservation of Lake Mead.

The Bureau of Reclamation is expected to release an Environmental Impact Statement in December, which will clarify future water availability. Buschatzke is advocating for an equitable division of the anticipated reductions, proposing that half fall on the upper basin states while the rest is shared among the lower basin states, thereby minimizing the impact on any single state.

Despite these efforts, the upper basin states have largely resisted compromise, seeking to retain more water in Lake Powell at the expense of Lake Mead levels. “We can’t come to a place where Lake Powell is three-quarters full while Lake Mead is essentially empty,” he asserted.

Moreover, Buschatzke emphasized the necessity for a long-term resolution that extends well beyond a few years. His push for $1 million in legal preparedness reflects a commitment to manage Arizona’s water crisis effectively. “I have a responsibility to do due diligence and be prepared for multiple potential outcomes,” he explained.

Governor Hobbs’s office has yet to make a decision regarding Buschatzke’s funding request to the Legislature, which is set to convene in January. If the request is not met, Buschatzke cautioned that Arizona could be left vulnerable, unable to adequately respond to legal challenges concerning its water allocations.