PHOENIX — Nevada is asking a federal judge to block new Colorado River rules as Arizona water leaders weigh the impact of historic cuts and whether to take legal action of their own.
The battle over the Colorado River is officially going to court, as Nevada challenges the federal government’s new plan for managing the shrinking river while Arizona water leaders have not decided whether to take legal action of their own.
Nevada filed a lawsuit seeking to block the new federal rules before they take effect Oct. 1. The state argues the plan could cut more than 70% of Nevada’s Colorado River allocation during extreme shortages.
Arizona has not filed its own lawsuit, but state water leaders said Monday they are reviewing Nevada’s complaint and evaluating how the case could affect Arizona.
“Again, we have to assess what’s in the complaint and how it could impact us, and we are still in the process of doing that,” said Tom Buschatzke, director of the Arizona Department of Water Resources.
Brenda Burman, general manager of the Central Arizona Project, said Arizona has not surrendered its ability to challenge the federal government’s decisions.
“No one in Arizona has signed anything giving up their rights,” Burman said. “We’ll be reviewing the Record of Decision and all the other documents, and we’ll proceed with however we think we need to proceed.”
The lawsuit comes as Arizona prepares for historic reductions in its Colorado River supply.
Under the new plan, Arizona faces a 27% reduction in its Colorado River allocation for the next two years, a yearly reduction of roughly 760,000 acre-feet, or nearly 250 billion gallons of water.
Much of Arizona’s Colorado River water is delivered through the Central Arizona Project, the 336-mile canal system that carries water to communities in central and southern Arizona.
Arizona water leaders met Monday to discuss how the state will respond to the reductions and how it could develop or accelerate other water supplies to make up for lost Colorado River water.
Burman described the scale of the reductions and the commitment to water savings by the lower basin states as unprecedented.
“That’ll be the most conservation that has ever happened in the United States,” she said.
But the cuts may not be the final word.
Nevada’s lawsuit opens a new legal front in the years-long fight over how to divide a Colorado River that is providing less water than the seven basin states have historically been allocated.
System storage remains near historic lows, increasing pressure on states and the federal government to find a long-term solution.
Nevada is asking a federal judge to block the new rules before they take effect, arguing the federal plan unfairly exposes the state to severe reductions.
For now, Arizona officials are stopping short of joining that fight. The state has, however, prepared for the possibility of litigation. Arizona has set aside millions of dollars for a Colorado River legal defense fund and retained outside legal counsel.
The City of Phoenix has also retained legal counsel as it prepares for the possibility of a court fight over the river.
“We’ll proceed with however we think we need to proceed,” Burman said.
