“We can do better.” Draft EIS sparks new Colorado River disputes

The Colorado River
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  • Federal planners released a Draft Environmental Impact Statement on January 9, 2026.
  • Major water agencies and advocacy groups raised legal and supply concerns.
  • No Basin State has endorsed any of the proposed federal alternatives.

Tuesday, January 13, 2026 — On Friday, January 9, the United States Bureau of Reclamation released a Draft Environmental Impact Statement addressing how Lake Powell and Lake Mead could be operated after 2026. The document outlines several alternatives for managing the Colorado River system amid long-term drought, declining reservoir levels, and growing demand across the West.

The Draft Environmental Impact Statement is part of the federal process to replace the current operating guidelines that expire at the end of 2026. It evaluates multiple possible approaches for releasing water from the two largest reservoirs in the Colorado River Basin and is intended to inform future operational decisions.

Metropolitan Water District Raises Supply and Litigation Concerns.

That same day, the Metropolitan Water District of Southern CaliforniaOpens in a new tab. issued a public statement responding to the draft analysis. General Manager Shivaji Deshmukh described the document as a warning sign that the Basin States remain divided over the river’s future.

According to Metropolitan, none of the five alternatives analyzed by the Bureau of Reclamation have been endorsed by the seven Basin States. Deshmukh stated that the options carry serious risks if a consensus agreement is not reached and warned that implementing any of the alternatives would likely result in prolonged litigation.

Metropolitan also expressed concern that several alternatives could lead to significant reductions in Southern California’s Colorado River supplies. The district noted that while communities have committed to conservation and investments in new water sources, unpredictable reductions could have wide-ranging effects. The agency emphasized that regional economies, public health, and essential services depend on reliable river deliveries. About half of the estimated 40 million people who rely on Colorado River water live in Southern California.

“We Can Do Better” Than the Draft Alternatives.

Metropolitan’s statementOpens in a new tab. also underscored that the Draft Environmental Impact Statement is not intended to dictate the final outcome for the river. Deshmukh said the draft plays an important role by analyzing a range of possible future operations, but stressed that the Basin States can achieve better results through continued negotiation.

According to Metropolitan, a Basin-led agreement supported by all water users would reduce uncertainty and lessen the likelihood of litigation. Deshmukh stated that the scenarios outlined in the draft should not be viewed as inevitable, adding that the region must pursue a path to sustainability that reflects shared responsibility and long-term cooperation. He concluded that, collectively, “we can do betterOpens in a new tab.” than the outcomes described in the draft.

Advocacy Group Backs Lower Basin Legal Position.

On January 10, 2026, the nonprofit organization Save The ColoradoOpens in a new tab. released a statement strongly supporting the Lower Basin states. The group argued that the Bureau of Reclamation misinterpreted the 1922 Colorado River Compact and related agreements commonly referred to as the Law of the River.

Save The Colorado contends that the original compact grants the Lower Basin senior water rights and requires the Upper Basin to deliver sufficient water downstream. The organization stated that the compact predates the construction of major federal dams and does not obligate water users to protect federal infrastructure, including Glen Canyon Dam.

Director Gary Wockner said the organization believes all four federal action alternatives violate federal law and should prompt litigation if adopted. He also stated that continued downstream deliveries support the ecological health of the Grand Canyon and the river itself.

Deborah

Since 1995, Deborah has owned and operated LegalTech LLC with a focus on water rights. Before moving to Arizona in 1986, she worked as a quality control analyst for Honeywell and in commercial real estate, both in Texas. She learned about Arizona's water rights from the late and great attorney Michael Brophy of Ryley, Carlock & Applewhite. Her side interests are writing (and reading), Wordpress programming and much more.

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