Lower Basin argues it’s done ‘heavy lifting’ while Upper Basin refuses mandatory cuts despite full reservoirs
By Caitlin Sievers, Arizona Mirror
The governors of six of the seven of the Colorado River Basin states plan to meet Friday in Washington, D.C., in an attempt to break a stalemate in Colorado River water negotiations.
Interior Secretary Doug Burgum has invited all of the governors and their negotiators to meet in the nation’s capital as states approach a federal deadline to reach a voluntary agreement to replace river operating guidelines that will expire at the end of 2026.
The governors of Arizona, Colorado, New Mexico, Utah, Wyoming and Nevada are set to attend. California Gov. Gavin Newsom can’t attend “due to a longstanding family commitment,” according to spokesman Anthony Martinez, but California Natural Resources Secretary Wade Crowfoot plans to attend the meeting in his place.
The Bureau of Reclamation — which manages water in the West under the Interior Department — initially gave states until Nov. 11 to submit a preliminary agreement for a plan to replace the guidelines.
When states missed that deadline, the Bureau extended the deadline to submit a seven-state agreement to Feb. 14.
The Colorado River is a vital source of drinking water for 40 million people in the seven states and Mexico, and its water supply has been in decline for around 25 years.
Water levels in the two major reservoirs on the river, Lake Mead and Lake Powell, have been in decline for the last quarter century, due to a persistent drought spurred on by climate change.
Lake Mead supplies about 40% of Phoenix’s water, and the Colorado River supplies water for the farmland in Yuma that produces about 90% of the country’s winter vegetables.
One of the biggest disagreements between the Lower Basin states — Arizona, Nevada and California — and Upper Basin states — Colorado, New Mexico, Utah, and Wyoming — is over which faction should have to cut back on their water use, and by how much.
Lower Basin states want all seven states to share mandatory water cuts during dry years under the new guidelines. But the Upper Basin, which is not subject to mandatory cuts under the current guidelines, argue that they already use much less water than downstream states and should not face additional cuts during shortages.
State negotiators for both the Upper and Lower Basin have said they would prefer a seven-state agreement over alternative river management options proposed by the federal government.
Tom Buschatzke, director of the Arizona Department of Water Resources, told reporters last week that the Grand Canyon State does not like the options proposed by the federal government as they place almost the entire burden for cuts on Lower Basin states.
Buschatzke, who has led the negotiations for Arizona, admitted the states are at somewhat of a stalemate, but said he is cautiously optimistic about the meeting in the nation’s capital. He said he hopes that bringing the governors together in one room to hash things out will serve as an impetus for compromise.
“I have never in my career as the governor’s representative for the state of Arizona been involved in a meeting where all the governors of all seven states have been in a room together talking about the Colorado River, or in a meeting with someone like the Secretary of the Interior,” Buschatzke said.
The Colorado River Compact dates back to 1922, when the seven states made their initial agreement, allocating 7.5 million acre-feet of water each year to be shared by the Upper Basin states and another 7.5 million to be used among the Lower Basin states.
The agreement has been updated numerous times since then.
The Upper Basin states argue that, because they’ve never reached their 7.5 million acre feet allocation, they shouldn’t have to make cuts. But the Lower Basin states argue they’ve already done enough and it’s time for the Upper Basin to contribute.
The Lower Basin has undertaken significant conservation efforts for Colorado River water since 2014 and has reduced its consumption from 7.4 million acre-feet in 2015 to just over 6 million in 2024.
The Upper Basin states have increased their usage in the past five years, from 3.9 million acre-feet in 2021 to 4.4 million in 2024.
In 2025, for the fifth year in a row, the federal government imposed water allocation cuts on the Colorado River due to drought — now in its 26th year — and Arizona’s cut amounts to a loss of 512,000 acre-feet of water for the year.
Hydraulic studies by the federal government show the river’s flow will likely decrease by 3 million acre-feet of water in the next decade, making conservation efforts more urgent.
“We’ve done the heavy lifting for the last decade-plus,” Buschatzke told Arizona lawmakers during a Jan. 27 meeting of the state House Natural Resources, Energy and Water Committee.
As part of the negotiations, Arizona has insisted that the Upper Basin states release some of the water stored in their reservoirs so it can be used by the Lower Basin.
The major down-stream reservoirs Lake Powell and Lake Mead are at 27% and 33% of their capacity, respectively.
But smaller upstream reservoirs, like Flaming Gorge in Utah and Morrow Point in Colorado, are at 82% and 96%, respectively.
Arizona has argued that the federal government is legally obligated to release the water being held in the smaller reservoirs. Complicating matters are numerous legal disagreements between the Upper and Lower basins, including that the Upper Basin states think water from Colorado River tributaries should be included in Lower Basin state consumption allocations.
No matter what the original allocations were, Buschatzke argues that Upper Basin states need to do their part.
“Water use reductions in the Upper Basin are needed to stabilize the system,” he said.
If the states can’t reach an agreement, and are forced to take one of the federal government’s proposals, it will likely lead to litigation.
“I’ll continue to send the message that we don’t want to end up in court, but there’s a line beyond which we won’t go in the negotiations,” Buschatzke said.
Last year, Arizona appropriated $1.5 million to its Colorado River legal defense fund, and Gov. Katie Hobbs’ proposed budget for this year would put another $1 million toward that fund.
“Her position has remained clear and consistent: Arizona will continue its conservation efforts, but will not bear unrealistic burdens as the Upper Basin refuses to reduce their water usage,” Christian Slater, a spokesman for Hobbs, told the Mirror. “Arizona is a vital source for 90% of the country’s winter leafy greens and produces the most advanced semiconductors in the nation. Arizona’s farmers and businesses must be protected.”
Slater said that the governor is glad that Burgum listened to her request for greater involvement from the federal government and “hopes the meeting will be a productive conversation.”
After this story was published, Hobbs issued a statement saying the future of the Colorado River is at a “pivotal moment” and the stakes “could not be higher” for the states who use its water.
“I will not accept a deal that endangers the advanced manufacturing and agricultural economy that is vital to our country’s national security or shortchanges Arizona farmers, businesses, and families,” Hobbs said. “We are a leader in advanced manufacturing, including the aerospace and defense industries. This deal should reflect, not undermine, this reality and shared priorities between myself and the Trump Administration.”
Jeniffer Solis of the Nevada Current contributed to this report.
***UPDATE: This story has been updated to include a statement from Gov. Katie Hobbs.
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