by Jeniffer Solis, Nevada Current
Nevada and six other Colorado River states have failed to resolve a major disagreement on how to share the river’s dwindling water supply, and will not reach a deal in time for a federally-imposed Valentine’s Day deadline.
At the center of the rift is whether upstream states will agree to mandatory water cuts during dry years and long-term conservation plans in order to spare downstream states from taking steeper cuts.
Negotiators for the Lower Basin states — Nevada, Arizona, and California — and Upper Basin states — Colorado, New Mexico, Utah, and Wyoming — have been at an impasse for months on a compromise plan that could replace the river’s operating guidelines set to expire at the end of 2026.
John Entsminger, Nevada’s lead negotiator and general manager of the Southern Nevada Water Authority, said negotiations between states have “yielded almost no headway” after years of being bogged down “by the same tired rhetoric and entrenched positions.”
“The seven Colorado River Basin states have failed to reach an agreement to collectively protect our respective communities and economies in the face of almost certain reductions to our use of the river,” said Entsminger in a statement on Friday, ahead of the deadline.
Prolonged drought driven by climate change has put immense pressure on the overtapped Colorado River which sustains agriculture in the West and provides water for 40 million people across seven U.S. states, 30 Native American tribes and parts of northern Mexico. Record low snowpack across the west this winter will likely strain the river further.
Historically, Lower Basin states have used nearly all their 7.5 million acre-feet Colorado River allocations under the 1922 Colorado River Compact, compared to the 4.5 million acres-feet used by the Upper Basin states.
In recent years, Lower Basin states have undertaken significant conservation efforts and have reduced their consumption from 7.4 million acre-feet in 2015 to just over 6 million in 2024.
In contrast, 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.
Governors for the river’s Lower Basin states – including Nevada’s Gov. Joe Lombardo – issued a joint statement reiterating their stance that all seven basin states should be required to cut water use under any new guidelines.
“Our shared success hinges on compromise, and we have offered significant flexibility, allowing states without robust conservation programs time to gradually develop these programs in ways that work in each state,” the statement said.
In order to secure a seven-state agreement, Lower Basin governors said they have all agreed to reduce their state’s Colorado River share. Arizona has offered to significantly cut its share by 27%, while California and Nevada have offered to cut 10% and 17% respectively.
Arizona’s lead negotiator, Tom Buschatzke, said in a statement issued Friday that Lower Basin states “have offered numerous, good-faith compromises to the representatives of the Upper Basin states. In that time, virtually all of them have been rejected.”
“Arizona, California and Nevada have received one consistent message from our counterparts in the Upper Basin – there will be no firm commitment to reduce uses in the Upper Basin, no matter how dire the conditions of the river may be,” he continued.
Upper Basin states argue they don’t have the infrastructure to store water during dry years like Lower Basin states, and are already restricted by available supply every year.
In a joint statement, governors for the Upper Basin states said they have likewise “come together in good faith throughout this process” to reach a solution that works for each of the seven states, but reiterated that upstream states will only accept voluntary conservation plans.
The Upper Basin state governors said they “are putting every tool on the table available to us, including releases from our upstream reservoirs, a meaningful voluntary conservation both now and in the future, and continued strict self-regulation of water supplies.”
The Upper Colorado River Commission, chaired by Colorado’s lead state negotiator, did not immediately respond to a request for comment.
Upper Basin states have also said they don’t have the legal authority to significantly reduce flows to water users on their own under the 1922 Colorado River Compact.
Failure to reach a seven-state consensus could lead to litigation that would likely take decades to resolve. Last year, Arizona put a total of $3 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.
Entsminger, Nevada’s lead river negotiator, alluded to the possibility of litigation in the future if states can’t reach a consensus.
“While I will continue to work with my Colorado River counterparts in hopes of finding a workable solution to this crisis, we must also prepare to fight for our water supply if it comes to that,” Entsminger said in a statement Friday.
Governors for Arizona, California, and Nevada said they are still committed to a seven-state solution despite missing the federal deadline and will continue to pursue a consensus.
If states can’t reach a consensus, the federal government will need to implement its own plan. The Bureau of Reclamation, which manages water in the West under the Interior Department, needs to have a final plan in place by the time the 2027 water year begins in October.
In the absence of a seven-state agreement, the Bureau of Reclamation would likely impose a compliance option that relies on significant cuts to Lower Basin states to meet its deadline.
The Bureau of Reclamation and the Department of the Interior did not immediately respond to questions about how the missed deadline will impact the agency’s strict timeline.
Nevada Current is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Nevada Current maintains editorial independence. Contact Editor Hugh Jackson for questions: info@nevadacurrent.com.
