Colorado Commissioner's Corner
Upper States Division Alternative
About Commissioner Mitchell
Becky Mitchell was appointed by Governor Polis to represent Colorado in the Upper Colorado River Commission (UCRC). The UCRC includes one Commissioner from each of the Upper Colorado River Basin states (Colorado, New Mexico, Utah, Wyoming) who work together on interstate collaboration for the Colorado River, which flows 1,450 miles across the Western U.S. and into Mexico.
The UCRC was established in 1948 with the goal of facilitating discussion, collaboration, and decision-making among the Upper Division States.
In her role as Commissioner, Mitchell works with a team of Colorado’s water experts to negotiate Colorado River matters with other states. Commissioner Mitchell works with all Coloradans - from the Front Range to the West Slope - and uses this input to inform Colorado’s positions and strategies. As compounded drought continues in Colorado and across the West, Commissioner Mitchell and the UCRC are exploring solutions to protect our state and its water users as we face drier conditions.
Read more about Commissioner Mitchell in a January 2024 Colorado Sun article.
Post-2026 Priorities
Commissioner Mitchell is committed to negotiating sustainable operations at Lake Powell and Lake Mead with the Basin States, federal government, and the Tribal Nations. Often called the Post-2026 Operations, the Commissioner is seeking solutions that recognize climate change, respect the equal apportionments to the River held by the Upper and Lower Division States, include a full accounting of all depletions, and provide for reservoir operations that are based on actual hydrology and that restore and protect storage. Her principles are rooted in irrefutable truths that we can all agree to:
- Acknowledging climate variability. We must anticipate a drier, but also a more variable, hydrologic future. Upper Basin water users live on the front lines of climate change and for the last twenty plus years regularly have experienced significant cuts to their water supplies.
- Recognizing that water users in the Lower Basin are not more important than water users in the Upper Basin. The Upper and Lower Basins have equal apportionments to the River in perpetuity, established by the 1922 Colorado River Compact. The 1922 Compact promises certainty and security of water supplies for both the Upper and Lower Basins.
- Preventing overuse in the Lower Basin. Water use in the Lower Basin cannot continue to exceed available supplies and operations of Lake Powell and Lake Mead must better respond to actual hydrology. The Lower Basin must account for all depletions, including evaporation and transit losses. The Lower Basin's overuse poses risks to the entire Basin.
- Defending against attempts at Compact curtailment in the Upper Basin States. The Upper Division States are in full compliance with the 1922 Colorado River Compact; therefore, Upper Basin water uses must not be curtailed.
- Operating Lake Powell and Lake Mead to respond to actual hydrology and protect storage. Balancing releases from Lake Powell and the tier structure in the 2007 Guidelines depend on conditions at Lake Mead. This has led to depleted storage, and has driven both reservoirs and System into crisis. Lake Powell releases must be determined by actual hydrology and protecting storage rather than by Lake Mead conditions.
- Preserving federal reserved water rights for Tribal Nations. The Tribal Nations have water rights that they are entitled to use. Solutions for overuse in the Lower Basin cannot continue to depend on Tribes’ undeveloped federal reserved water rights.
- Complying with federal environmental law.
- Advancing coordination between the United States and Mexico.
These principals were incorporated into the Upper Division States' Alternative for the Post-2026 negotiations, submitted to the Bureau or Reclamation in the Spring of 2024. More information about the Alternative is available here.
Updates from the Commissioner
January 2025
The federal government released an alternatives report on January 17th, which provides additional information about the range of potential alternatives. Colorado continues to meet with the Basin States to identify potential areas of consensus.
November 2024
On Wednesday, November 20th, the federal government released a range of potential alternatives for consideration in the NEPA process for the Post-2026 operations of Lakes Powell and Mead.
Colorado continues to stand firmly behind the Upper Division States' Alternative, which performs best according to Reclamation's own modeling and directly meets the purpose and needs of this federal action. The Upper Decision States Alternative is supply-driven and is designed to help rebuild storage at our nation's two largest reservoirs. The Alternative protects Lake Powell's continued ability to release water downstream into the future to continue to meet our obligations and protect out significant rights and interests in the Colorado River.
Colorado remains committed to working collaboratively with other Basin States, federal government, and Tribal Nations towards a consensus approach and also stands ready to protect our State's significant interests in the Colorado River.
June 2024
The Bureau of Reclamation updated its Colorado River System Consumptive Uses and Losses (CU&L) Report using recalculated data. The report presents recalculated estimates for calendar years 1971 to 2015 in the Lower Basin and 1971 to 2023 in the Upper Basin.
March 2024
The Upper Division States of Colorado, New Mexico, Utah and Wyoming submitted to the Bureau of Reclamation an Alternative for Post-2026 Operations of Lake Powell and Lake Mead. The UDS Alternative proposes operations for Lake Powell and Lake Mead designed to help provide water supply certainty and sustainability in the face of a drying and uncertain future.
The purpose of the Upper Division States Alternative is to provide a set of modeling assumptions and operating parameters to the Bureau of Reclamation for Post-2026 Operations of Lake Powell and Lake Mead as part of the review process required under the National Environmental Policy Act (NEPA).
For more information about the Post-2026 Upper Division State Alternative, please visit the UDS Alternative Landing Page.
The Basin States spoke about the Post-2026 Operations Guidelines renegotiation at the Colorado River Water Users Association (CRWUA) in Las Vegas. The Colorado Sun, Politico, Nevada Current, Aspen Journalism, Arizona Capitol Times, and others, covered the event. Read more in DNR’s press release. During CRWUA, Commissioner Mitchell also published an op-ed in The Sun spotlighting the critical role of adapting to a variable climate, and the need for all states to work together and take responsibility to protect all 40 million Colorado River users.
The Basin States are expected to have a draft proposal agreement on the Post-2026 Operations Guidelines in Spring 2024, which Becky spoke about in the NYT.
October 2023
On October 19, the Department of Interior published the Proposed Federal Action and a Summary Scoping Report as part of the process to negotiate Post-2026 Operational Guidelines for Lake Powell and Lake Mead.
The Summary Scoping Report signals the next step in developing the Post-2026 Operational Guidelines for Lake Powell and Lake Mead. The 2007 Colorado River Interim Guidelines (‘07 Guidelines) determine current operations for Powell and Mead. These guidelines have proven insufficient to sustainably manage both reservoirs in the face of climate change and ongoing Lower Basin overuse. The ‘07 Guidelines are set to expire in 2026.
August 2023
On August 15, the State of Colorado provided official comments to the Department of Interior regarding future Lake Powell and Lake Mead operating guidelines, as part of the process to develop Post-2026 Guidelines for the operations of Lakes Powell and Mead.
The Post-2026 Operational Guidelines will replace the 2007 Guidelines and will determine how the two reservoirs are operated into the future. The 2007 Guidelines have proven insufficient to sustainably manage both reservoirs in the face of prolonged drought due to climate change and ongoing Lower Basin overuse.
Colorado’s Colorado River Commissioner Becky Mitchell was joined by the Colorado Water Conservation Board (CWCB) Acting Director Lauren Ris in developing and signing Colorado’s comment letter. Additionally, Commissioner Mitchell coauthored a comment letter with fellow Upper Division States through the Upper Colorado River Commission (UCRC), as well as a comment letter with the seven Basin States.
Mitchell is committed to negotiating solutions with the Basin States, federal government, and the Tribal Nations – solutions that recognize climate change, that respect the equal rights to the River held by both the Upper and Lower Basins, that include a full accounting of all depletions, and that provide for sustainable reservoir operations at Lake Powell and Lake Mead that are based on hydrology and available supplies. The Upper Division States have always lived within the means of the Colorado River and support the Lower Basin States in adjusting, adapting, and permanently reducing their Colorado River water use.
June 2023
The Department of Interior announced a formal process to develop future Lake Powell and Lake Mead operating guidelines, often called the Post-2026 Negotiations. The new guidelines will replace the 2007 Colorado River Interim Guidelines (‘07 Guidelines), which govern the reservoir operations through 2026. The ‘07 Guidelines, which currently set operations at Lake Powell and Lake Mead, govern operations through 2026.
The formal process to initiate an Environmental Impact Statement (EIS) was announced through a Notice of Intent published in the Federal Register. The NOI will be available for public comment until August 15, 2023.
Engagement with Upper Colorado River Tribes & Historic MOU
Engagement with and inclusion of the Tribal Nations has been a top priority for Commissioner Mitchell since her appointment.
Earlier this year, the six Upper Basin Tribal Nations signed a memorandum of understanding with the Upper Division States to engage and cooperate on Colorado River issues of shared interest. The MOU is the culmination of years of work and represents a collective commitment to mutual respect, shared responsibility, and sustainable management of the Colorado River.
Discussions have focused on Colorado River issues, including how the Tribes’ undeveloped water rights have been supplementing the Colorado River system for a long time. The Tribes’ undeveloped water rights are water that has been appropriated to the Tribes – officially recognized as their water – but hasn’t yet been put to use. This water has been flowing downstream and into Lake Powell, where it is used by others.
The Upper Basin Tribal Nations use the term “the Four U’s” to summarize the problems that the Upper Basin Tribal Nations face with their water rights:
1) Undeveloped water rights;
2) Unquantified water rights;
3) Unused water rights; and
4) Uncompensated water rights.
To address the Four Us, the Tribes and the States have been exploring opportunities to pursue federal funding to begin to address these issues. While there are no quick solutions to these problems, investments in the Tribes’ infrastructure and compensation for the Tribes’ unused but apportioned water rights can alleviate the pressures that they face.
Final Supplemental Environmental Impact Statement to Revise the 2007 Colorado River Interim Guidelines
On March 5, the Bureau of Reclamation released a final Supplemental Environmental Impact Statement (SEIS) in the effort to update the current interim operating guidelines for the near-term operation of Lake Powell and Lake Mead. The preferred outcome reflects the Lower Basin’s proposal to conserve at least 3 million acre-feet of water through the end of 2026, when the current operating guidelines expire.
Draft Supplemental Environmental Impact Statement to Revise the 2007 Colorado River Interim Guidelines
On December 11, Colorado joined the other Upper Division States in submitting comments to the Draft Supplemental Environmental Impact Statement (D-SEIS), which is intended to be a mechanism to adjust the current operating guidelines for Glen Canyon (Lake Powell) and Hoover Dams (Lake Mead) by providing tools for Reclamation to adapt to dry years between 2024 and 2026.
The UCRC letter commented on aspects including:
- Reservoir conditions remain low, and 2023 hydrology projections continue to decline. Therefore, action may still be required to protect critical elevations at Lake Powell and Lake Mead.
- The revised D-SEIS should call for mandatory, verifiable, and enforceable reductions in Lower Basin uses.
In May 2023, the seven Colorado River Basin States agreed that a proposal developed by the Lower Division States–to conserve at least 3 million acre-feet of water by 2026–should be transmitted to the Secretary of Interior and the Bureau of Reclamation for further analysis as part of the D-SEIS. In a letter sent to the Bureau of Reclamation on May 22, 2023, the Basin States requested Reclamation further analyze the Lower Basin proposal, and urged Reclamation to immediately turn to planning for longer-term operations at Lake Powell and Lake Mead. The UCRC letter provided on December 11 is a continuation of that process.
The Upper Colorado River Commission and the Upper Division States of Colorado, New Mexico, Utah, and Wyoming remain committed to finding collaborative solutions within the means of the River.
Interbasin Compact Committee (IBCC)
On October 3, Governor Jared Polis announced the appointment of Becky Mitchell as Director of Compact Negotiations of the Interbasin Compact Committee (IBCC). Commissioner Mitchell will chair the IBCC, a 27-member committee that includes representatives from the nine Basin Roundtables, Colorado Senate and House Agriculture Committee representatives, and six Governor appointees from geographically diverse parts of the state. She will directly link input from the Basin Roundtables and IBCC to the interstate Colorado River negotiations.
SCPP provided opportunities for Upper Basin water users to get paid to reduce consumptive use on a temporary basis. The purpose of SCPP was to mitigate the impacts of drought in the Upper Basin. It allowed water users to develop tools to build resilience to adapt to long-term drought. SCPP expired in Fall 2024.
April 2024
The UCRC and staff for the Colorado Water Conservation Board and Division of Water Resources finalized 52 SCPP contracts in Colorado for the 2024 irrigation season. Of these 52 projects, 46 are solely in Colorado and 6 are in Colorado and Wyoming in the Little Snake River Basin.
The CWCB Board has approved SCPP 2024 as a state-approved conservation program, so that water users who participate in this program are protected from abandonment or reduction in quantification of historical consumptive use pursuant to C.R.S.⸹⸹ 37-92-103(2) and 37-92-305(3)(c).
Final 2024 SCPP implementation agreements (as of April 5, 2024)
- CO_1 Galloway
- CO_2 McKenns/TheFarmNewCastle
- CO_3 LilyPark
- CO_4 Skylark
- CO_6 Grand Headwaters
- CO_7 Kehmeier
- CO_11 Bernal
- CO_12 Raymond
- CO_13 UMU
- CO_14 Harold
- CO_15 Studts/ChaconSheep
- CO_17 Ellgen
- CO_17a Ellgen
- CO_18 Baleztena
- CO_19 Herod
- CO_20 McIntyre
- CO_21 Hutto
- CO_22 Neely
- CO_23 Wilson/BKFarms
- CO_24 LandanWilson
- CO_25 Fury
- CO_26 Lancaster
- CO_27 ChrisNeely
- CO_28 Lanier
- CO_29 Knuckles
- CO_30 Johnson
- CO_31 Contreras
- CO_32 TRaymond
- CO_33 Towns
- CO_34 Counts
- CO_35 Cerise
- CO_36 Orr/RanchO
- CO_37 NorseSky
- CO_39 Brach
- CO_40 Hamill
- CO_42 DiamondPeak
- CO_44 Homewood/RDH
- CO_45 Homewood_Valdez
- CO_46 Valdez
- CO_47 Schmalz
- CO_48 FriendFarm
- CO_49 Mosley
- CO_50 Hutchins/SixPlus
- CO_51 Whitfield/Farmboy
- CO_55 Gunderson
- CO_57 Huerkamp
- CO_WY_1 Grieve/Tapp
- CO_WY_2 Moon
- CO_WY_3 Smith Rancho
- CO_WY_5 Smith/GMS
- CO_WY_6 GRaftopoulous/QueenAnnCattle
- CO_WY_8 Chant
January 2024
The application window for SCPP 2024 closed in December 2023. UCRC and WWG staff, in coordination with state staff, are working to review the applications.
Upon completion of a fatal flaw review by DWR and CWCB, information contained in the Colorado applications will be provided to those who signed up to receive them with only personally identifiable information redacted.
The CWCB Board has approved SCPP 2024 as a state-approved conservation program, so that any water users who participate in this program will receive protection of their water rights relating to abandonment and change cases pursuant to C.R.S.⸹⸹ 37-92-103(2) and 37-92-305(3)(c).
Earlier in 2023
In September, the Upper Colorado River Commissioners voted to implement SCPP for the 2024 Water Year. The revamped SCPP integrates input from Upper Basin water users. Changes include:
- An earlier application window, beginning in October 2023, to provide operational certainty for applicants.
- A transparent pricing mechanism to provide clarity to applicants.
- Increased education and outreach to ensure water users are fully informed.
- Expanded information about project applications in Colorado with the opportunity to provide comment.
- Prioritization of projects that support innovative water conservation and development of drought resilience tools.
The Program is fully funded by the federal government.
In 2023, approximately 2,500 acre-feet of water was conserved in Colorado. At its March 15, 2023 board meeting, the CWCB voted unanimously to approve the SCPP as a state-approved conservation program, so that any water users who participate in this program will receive protection of their water rights relating to abandonment and change cases pursuant to C.R.S.⸹⸹ 37-92-103(2) and 37-92-305(3)(c).
More information about the 2023 SCPP proposals submitted by Colorado proponents—including a summary spreadsheet of individual projects—is available in the March 2023 CWCB Board memo. Redacted proposals from 2023 satisfying preliminary review are posted below and/or in the CWCB document library.
The Upper Colorado River Commissioners voted to suspend releases previously scheduled from Flaming Gorge Reservoir beginning March 1 through April 30, 2023, as part of the Drought Response Operations Agreement 2022 Plan. This amendment was adopted due to improved hydrologic conditions in the Colorado River System; the adoption of the 2022 Plan was based on projections in Reclamation’s April 2022 24-Month Study. Reclamation approved the amendment.
Storing water higher in the Colorado River System provides the advantages of reduced evaporation and increased flexibility for water to be available if needed in another DROA Plan to help protect critical elevations at Lake Powell.
The Upper Division States The Upper Division States The
The Upper Division States (UDS) are proud of their implementation of the Five-Point Plan to proactively build resilience in the Upper Basin and live within the means of the Colorado River.
The Upper Division States (UDS) are proud of their implementation of the Five-Point Plan to proactively build resilience in the Upper Basin and live within the means of the Colorado River.
In 2022, the Bureau of Reclamation Commissioner Touton called on the Colorado River Basin states to conserve 2 to 4 million acre-feet of water. In response, the Upper Division States developed a Five-Point Plan and committed to the following actions:
- First, the UDS committed to pursue the reauthorization of the System Conservation Pilot Program. SCPP launched in December 2022 and conserved approximately 100,000 acre-feet of water.
- Second, the UDS committed to continuing the Demand Management feasibility investigation. This directly informed the UCRC Commissioners’ direction to explore opportunities to “get credit” for conserved water, announced in the summer of 2024. State staff are considering mechanisms to provisionally account for conserved water.
- Third, the UDS committed to considering reservoir releases pursuant to the Drought Response Operations Agreement (DROA). The UDS directly contributed 624,000 acre-feet of water to Lake Powell – approximately 15% of our average uses – and prioritized recovery at our critical Upper Basin reservoirs in 2023.
- Fourth, the UDS committed to using federal funds to better measure and monitor our water. This builds on hundreds of existing stream gages and diversion measurement structures. Together, the Upper Basin secured an estimated $6.7 million in BIL funds for stream gages and $16 million in BIL funds for additional diversion measurement structures.
And finally, the UDS committed to the continuation of strict priority administration of water rights – this could not be more true. Upper Basin water users live within the means of what the river provides on an annual basis in strict accordance with state laws. As a result, Upper Basin water users face an average of 1.3 million acre-feet in annual shortages, which represents the delta between previously demonstrated demand and available supply.
In 2021, administration impacted water use on over 203,000 acres within the Colorado River Basin in Colorado. Collectively, preliminary data from the UCRC shows that the Upper Division States used 25% less water in 2021 than in 2020 due to constraints on the physical and legal availability of water. “We must continue to live within the means of what the river provides year to year and we ask others to do the same. This is the only way the system will continue as we know it into the future,” said Commissioner Mitchell.
- On June 14, 2022, Bureau of Reclamation Commissioner Camille Touton called on the seven Colorado River Basin states to conserve 2 - 4 million acre-feet of water in the coming year to protect the Colorado River System. By system, the Commissioner was referring to the infrastructure built and managed by the Bureau of Reclamation, including Glen Canyon Dam, Lake Powell, Hoover Dam, and Lake Mead.
- On July 18, 2022, the Upper Division states responded to Commissioner Touton's call to action with a 5 Point Plan, outlined within a letter. The 5 Point Plan consists of actions that the Upper Division states of Colorado, New Mexico, Utah, and Wyoming can take to help protect the Colorado River system. While naturally limited by snowpack and snowmelt cycles, the 5 Point Plan is a proactive strategy. It includes:
- Seeking reauthorization of the System Conservation Pilot Program
- Commencing the 2023 Drought Response Operations Plan process in August 2022
- Considering the feasibility of a potential Demand Management Program
- Implementing Bipartisan Infrastructure Law funding to accelerate enhanced measurement, monitoring, and reporting infrastructure
- Continuing strict water management and administration and considering intrastate conservation measures
- Colorado and the Upper Division states have taken significant action to address water shortages in the Colorado River Basin, including releasing 500,000 acre-feet of water from Flaming Gorge Reservoir to Lake Powell, and 161,000 acre-feet of additional emergency releases from Flaming Gorge and Blue Mesa Reservoirs as directed by the Bureau of Reclamation. The Upper Division states are also focused on intrastate water conservation efforts such as direct potable reuse, more water-efficient technology for agriculture, water-wise landscaping, and other water and drought resilience efforts outlined in our Colorado Water Plan.
- On September 1, 2022, Colorado joined the other Basin States in requesting input on development of Post-2026 Colorado River reservoir operational strategies for Lake Powell and Lake Mead under historically low reservoir conditions.
For the last 20 years, the Upper Division states have used 3 - 4 million acre feet less that their apportionment under the Colorado River Compact. On top of that, water use in the Upper Basin is tightly regulated and administered based on water supply availability. In 2021, according to preliminary estimates by the Upper Colorado River Commission, the Upper Basin used 3.5 million acre-feet of Colorado River water, which represents a 25% reduction from 2020, when the Upper Basin used 4.5 million acre-feet of water.
Colorado is committed to working collaboratively with partners across the Basin.
The feasibility and advisability of Demand Management remains under consideration by all Upper Basin States, including Colorado. CWCB is currently investigating options for increasing Colorado’s water resilience with options that can be implemented within the state, by the state.
IRA Bucket 2E Funding
The Bureau of Reclamation's "Bucket 2 Environmental Drought Mitigation" or "B2E" program provides funding to public entities and Tribes for projects that provide general environmental benefits or ecosystem and habitat restoration projects that address issues directly caused by drought. The Request for Applications under the title, "Upper Basin Environmental Drought Mitigation (B2E)" closed November 22, 2024. A subset of B2E funding was extended until January 10, 2025, under a program called "B2E2", and allowed for environmentally oriented projects with additional water saving benefits.
Colorado was awarded approximately $135M in B2E funding. The Southern Ute Tribe was awarded an additional $16.7M. Together, this accounts for approximately 45% of the B2E funds awarded to the Upper Division States. Colorado also stands to benefit from the multi-state project awards (awards that span Upper Basin States), which total an additional 71.6M.
President Trump's freeze on federal funding disbursement may impact IIJA (BIL) funding programs. Colorado is working to better understand the implications and potential impacts of this Executive Order.
For additional questions or information about the UCB System Conservation and Efficiency Program, please contact: UCBEfficiency@usbr.gov
BIL Funding
In 2022, the Upper Colorado River Commission (UCRC) was awarded $50 million from the Bureau of Reclamation via the Bipartisan Infrastructure Law (BIL) for Drought Contingency Plan (DCP) implementation across the four Upper Division States. In total, the BIL provides $8.3 billion to the Bureau of Reclamation for western water infrastructure.
In October 2024, the UCRC approved $7 million for the Colorado Department of Water Resources and the Colorado Water Conservation Board to provide Colorado water users within the Upper Colorado River Basin devices to measure their water diversions.
The Colorado Water Conservation Board will manage the $7 million program and will hire an engineering consultant to assist with the administration. CWCB expects to roll out a competitive application process that will allow water users in the Upper Colorado River Basin who are in need of measurement devices, such as flumes and weirs, to apply for funding over the next several years. Details about program eligibility and applications will be announced in 2025.
Events with the Commissioner and Staff
The Commissioner regularly hosts Colorado River webinars. Please see the CWCB Calendar page for information about upcoming webinars and Zoom information.
- Interbasin Compact Committee Meeting, Denver, CO, February 26
- CWCB Board Meeting in Greeley, CO, March 19-20
- CWCB Board Meeting in Steamboat, CO, May 21-22
The Commissioner and/or staff's attendance is subject to change. Please email dnr_coloradoriver@state.co.us with any questions.
Resources
- Upper Division States Alternative FAQ and Infographic (April 2024)
- Colorado River Basin Water Use Infographics (June 2024)
- What Colorado Contributes Infographic (Fall 2024)
- Lake Powell 20 Year Release Infographic (Summer 2024)
- Commissioner Statement on Sustaining the Colorado River Basin System (August 2022)
- Upper Colorado River Commission response letter to Commissioner Touton to conserve 2-4 million acre-feet of water for Lake Powell protection (July 2022)
- Greeley Tribune joint op-ed by Commissioner Becky Mitchell and Attorney General Phil Weiser (July 2022)
- Commissioner Statement on Actions to Reduce Risk to Lake Powell (April 2022)
- Commissioner Statement on Tribal Engagement on Colorado River Matters (Dec, 14 2021)
- CWCB Resolution Regarding Representation of State Interests During the Negotiation of the Post-2026 Interim Operating Guidelines for Lakes Powell and Mead (Nov 2021)
- Written Testimony for U.S. House Hearing on "Colorado River Drought Conditions and Response Matters" (Oct 15, 2021)
- Commissioner Statement on Colorado River System Projections (Sept 2021)
- Denver Post op-ed on drought & water speculation (Jan 2021)
- Learn more about the Colorado River
- Learn about the Demand Management Feasibility Investigation
Get Involved
Leave a public comment at EngageCWCB.org