The Colorado River Commission of Nevada filed a lawsuit against the U.S. Bureau of Reclamation on Aug. 24.
The lawsuit argues the federal government’s Colorado River plan is unlawful. More specifically, the State argues the federal government should not have the ability to reduce its river allocations by up to 71%/year by the end of the 10-year plan. The lawsuit was filed in the U.S. District Court of Nevada.
The most extreme cut could see Nevada’s water share reduced from 300,000 acre-feet to 86,444 acre-feet. Nevada, which receives extra credits for its high recycling rate, only used 198,000 acre-feet in the past year.
SNWA’s John Entsminger said the Upper Basin states must share the burden as it’s a system-wide issue. This is the first time the federal government has mandated cuts without a formal agreement between the basin states.
Nevada lawyers requested an injunction to pause implementation until the federal government prepares an economic impact analysis.
The Lower Basin States – California, Nevada and Arizona – have agreed to the water cuts proposed in 2027 and 2028. The cuts in question extend beyond those years and have a much higher ceiling.
At the time of writing, California and Arizona have yet to sign on to the lawsuit. Entsminger, however, believes the other two Lower Basin states will soon join.
As far as the lawsuit goes, Entsminger said there is a likelihood it is settled outside of court. However, he specified Nevada water managers are willing to see the lawsuit through to the end, if necessary.
Nevada’s water rights are mostly dependent on the National Environmental Policy Act. The Colorado River Compact of 1922 may also be important to the lawsuit. The compact mandates that each basin has the right to 7.5 million acre-feet of water each year. It also prohibits the Upper Basin from reducing Lees Ferry flows below 75 million acre-feet per decade. (Source: Las Vegas Review-Journal)
