Colorado River Commissioner's Corner

Colorado River System Updates

May 2023: The seven Colorado River Basin States have 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 Supplemental Environmental Impact Statement process (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.

Basin Deal FAQs:

What is (and isn’t) the Basin State letter? 

The seven Basin States’ letter requests that the Secretary of Interior and Bureau of Reclamation further analyze a proposal developed by the Lower Division States as part of the Supplemental Environmental Impact Statement (SEIS) process. The letter is not an endorsement of the Lower Division States’ proposal. Modeling and technical analysis are needed to fully understand the effects of the proposal and how it would perform relative to the other alternatives identified in the Draft SEIS.  

What is the Lower Basin proposal? 

The proposal indicates that the Lower Division States will conserve at least 3 million acre-feet of water by 2026, including at least 1.5 million acre-feet of water in 2024.  

Does the Lower Basin proposal call for any reductions in use or other actions from the Upper Basin States?

No. The SEIS process and accordingly the Lower Basin proposal are focused on operations of Lake Powell and Lake Mead, and reductions in use for Lower Basin water users. 

Why did the Upper Division States support further analysis, yet not endorse the proposal? 

The Upper Division States remain committed to finding interstate solutions. Collaboration has been – and, we hope, will continue to be – the hallmark of the Colorado River Basin. However, the Upper Division States have not been provided with sufficient time or information to model and analyze the proposal. We cannot endorse a proposal that we do not fully understand. Therefore, we joined the Lower Basin in requesting that the Bureau of Reclamation model the proposal as part of the SEIS process. 

How does the Lower Basin proposal affect the SEIS process? 

If the Bureau of Reclamation elects to suspend the current SEIS comment period and analyze the Lower Basin proposal as an additional alternative, then the proposal will affect the current SEIS process. As per the Basin States’ letter, we anticipate it would extend the overall SEIS timeframe and prompt an additional public comment period. 

Does the Lower Basin proposal affect the post-2026 negotiations? 

The Lower Basin proposal does not affect the post-2026 negotiations. The proposal solely recommends a third alternative to be analyzed in the SEIS process, which amends the 2007 Operating Guidelines (‘07 Guidelines) for operations at Glen Canyon Dam and Hoover Dam. Because the ‘07 Guidelines expire at the end of 2025, the proposal is fully separate from any post-2026 operations. 

What are the Upper Division States doing to support the Colorado River System?

In July 2022, the UCRC released a Five Point Plan in response to the Bureau of Reclamation Commissioner Camille Touton's call for the Colorado River states to reduce water use. The Five Point Plan is focused on solutions to reduce water usage. Updates on the Five Point Plan includes: 

1. Finding ways to voluntarily conserve water. As of May 2023, the Upper Colorado River Commission is completing contracts with participants in the reauthorized System Conservation Pilot Program (SCPP). This is  in addition to a historic number of conservation bills passed by Upper Basin legislatures and an interstate municipal MOU.
2. Continuing the Demand Management Feasibility Investigation, which, if a Demand Management program is developed, would compensate water users for temporary and voluntary reductions in water use.
3. Collaborating with the other Upper Basin states on potential reservoir releases through the Drought Response Operation Agreement (DROA), which helps protect Lake Powell. In addition to the 161,000 acre feet released from Blue Mesa Reservoir and Flaming Gorge in 2021, Flaming Gorge has released over 400,000 acre feet as part of the 2022 DROA Plan. The 2023 DROA Plan focuses exclusively on the recovery of storage in Upper Division Reservoirs.
4. Getting better data to monitor and measure our water use, such as CSU’s COAgMet precipitation monitoring network, soil moisture, and radar technology. 
5. Continuing to live within the means of what the river provides on an annual basis, through the application of strict administration according to priority. 

Are you renegotiating the Compact? 

We are not renegotiating the 1922 Colorado River Compact. The Compact is still in full force and the foundation upon which we are able to layer new agreements and adaptations. All subsequent agreements, laws, and regulations are subject to the Compact. The Compact provides for roughly equal shares of the River to the Upper and Lower Basins and is flexible enough to adapt to highly variable conditions now and into the future. 

April 2023: The Bureau of Reclamation (BOR) released the draft Supplemental Environmental Impact Statement (SEIS) on Tuesday, April 11, 2023. The SEIS is a mechanism to adjust the current operating guidelines for Glen Canyon and Hoover Dams, providing tools for Reclamation to adapt to potentially dry years in 2024 through 2026.  

Commissioner Mitchell is gathering public input to inform Colorado’s response to the SEIS. Please provide comments and ideas at Engage CWCB. 

System Conservation Pilot Program

SCPP is a large-scale program involving temporary, voluntary, and compensated reductions in consumptive use across the Upper Division States. Conserved system water could help mitigate the impacts of drought in the Upper Basin. The Program is fully funded by the federal government.

SCPP proposals were accepted by the UCRC until March 1, 2023. On April 17, 2023, the UCRC voted to advance negotiations and contracting with select project proponents. Approximately 3,500 acre-feet of water will be 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 SCPP proposals submitted by Colorado proponents—including a summary spreadsheet of individual projects—is available in the March 2023 CWCB Board memo. Proposals satisfying preliminary review are posted at the bottom of this page. 

Drought Response Operations Updates

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.

Five Point Plan Updates

The Upper Colorado River Commission (UCRC) announced significant progress in implementing its Five-Point Plan at its meeting on December 14, 2022, at the Colorado River Water Users Association Meeting in Las Vegas, Nevada.

Colorado Commissioner Becky Mitchell emphasized that the most impactful thing that can be done to manage the Colorado River System is to reduce uses in dry years. Colorado achieves this through strict administration of water rights based on hydrology—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.

The UCRC announced progress on the interstate Demand Management feasibility investigation and released a summary report of the study detailing key findings of the interstate investigation. This report will help inform next steps in Colorado’s Demand Management investigation, which will continue into 2023. More information on Demand Management is available at the >CWCB website

Earlier in 2022: 

• 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: 
  1. Seeking reauthorization of the System Conservation Pilot Program
  2. Commencing the 2023 Drought Response Operations Plan process in August 2022 
  3. Considering the feasibility of a potential Demand Management Program 
  4. Implementing Bipartisan Infrastructure Law funding to accelerate enhanced measurement, monitoring, and reporting infrastructure
  5. 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.

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.

Demand Management Update

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.

Federal Infrastructure Bill Update

The bipartisan Federal Infrastructure Bill, which was signed into law in November 2021, provides $50 million for Upper Basin Drought Contingency Plan implementation. Colorado is working with the other Upper Division states to identify technical needs that these funds may be used for, including monitoring and verification, stream gaging, and weather modification. Additionally, Colorado and the Upper Division States may receive additional funds through Inflation Reduction Act (IRA).

Operational Interim Guidelines Negotiations

Colorado and the Upper Colorado River Commission are preparing for negotiations regarding post-2026 operations of the system’s major reservoirs. The negotiated agreements will replace the current “Interim Guidelines for Lower Basin Shortages and Coordinated Operations for Lake Powell and Lake Mead,” also known as the “2007 Guidelines.” The 2007 Guidelines expire at the end of 2025.

As Commissioner Mitchell works with the other basin state principals to negotiate the guidelines for the post-2026 operations of Lake Powell and Lake Mead, the following principles will guide the State’s strategy:

1. Ensuring additional security and certainty of water supply for Colorado water users and water users across the Colorado River Basin.
2. Avoiding risk of curtailment in the Upper Basin.
3. Improving operations of Lake Powell and Lake Mead.
4. Addressing overuse in the Lower Basin and providing for a complete accounting of depletions.
5. Supporting coordination with Mexico (while noting this is a domestic agreement).
6. Maintaining compliance with established federal environmental law.

Government-to-government engagement with Tribal Nations also remains a priority for Commissioner Mitchell. Colorado has protected and allocated water rights settlements with both Colorado Tribes - Southern Ute Indian Tribe and Ute Mountain Ute Tribe. Engagement with these Tribal Nations will be imperative to the success of post-2026 reservoir operations negotiations. At the 2021 Colorado River Water Users Association Convention, Commissioner Mitchell announced her commitment to engaging with the Tribes during this process.

As discussions among the Basin States develop, an updated timeline will be added to this webpage. For a history of laws and agreements, visit the Colorado River 101 page.