No consensus: Interior moves forward on Colorado River rules

Horseshoe Bend on the Colorado River in Arizona
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  • Federal officials will finalize post 2026 river rules by October 1, 2026.
  • Lower Basin states offered major water cuts to secure a deal.
  • Upper Basin leaders stress voluntary conservation and reservoir releases.
  • Conservation groups warn delay increases risk of shortages and lawsuits.

Saturday, February 14, 2026 — The United States Department of the Interior announced todayOpens in a new tab. that it would move forward with new operating guidelines for the Colorado River after the seven Basin states have not reached full agreement on how to manage the river after 2026.

The current rules expire at the end of the 2026 Water Year, which begins October 1, 2026. Federal officials said they cannot delay action any longer. Secretary of the Interior Doug Burgum stated that meeting the October deadline is essential to provide certainty and stability for the river system.

The Colorado River supplies water to about 40 million people, supports 5.5 million acres of farmland, generates more than 8 billion kilowatt hours of hydroelectric power annually, and serves 30 Tribal Nations and two Mexican states. The stakes are high for cities, farmers, Tribal communities, and power customers across the West.

Lower Basin Governors Offer Major Cuts.

On February 13, 2026, Governors Katie Hobbs of Arizona, Joe Lombardo of Nevada, and Gavin Newsom of California released a joint statement Opens in a new tab.as the federal milestone passed without a consensus agreement.

They emphasized that approximately 75 percent of the Basin’s population, employment, and agricultural crop sales are located in their three states. They also noted that 25 of the 30 sovereign Tribal Nations in the Basin are located in the Lower Basin.

To secure a seven-state agreement for post-2026 management, Arizona offered to reduce its Colorado River allocation by 27 percent, California by 10 percent, and Nevada by nearly 17 percent. The governors described these proposals as significant conservation commitments and called for shared responsibility among all seven Basin states.

Their statementOpens in a new tab. stressed that compromise remains necessary and that flexibility has been offered to states that may need time to develop stronger conservation programs.

The Colorado River
The Lower Basin States and the Upper Basin States were unable to reach an agreement for the Colorado River Operating Plan by the February 14, 2026 deadline.

Upper Basin Emphasizes Living Within the River’s Means.

On the same day, February 13, 2026, Governors Jared Polis of Colorado, Mark Gordon of Wyoming, Michelle Lujan Grisham of New Mexico, and Spencer Cox of Utah released their own statementOpens in a new tab..

The Upper Basin governors said they remain committed to a seven-state solution. They pointed to voluntary conservation, releases from upstream reservoirs, and what they described as strict self-regulation based on available supplies.

Upper Basin water users operate under a different legal and hydrologic reality than the Lower Basin. Snowpack and runoff determine how much water is available each year. Senator John Hickenlooper of ColoradoOpens in a new tab. underscored this challenge in a February 14, 2026, statement, noting alarmingly low snowpack across Colorado this winter and warning that communities, farms, and economies will suffer if the Basin does not act together.

Hickenlooper also cautioned that litigation would not solve the problem of long-term aridification and could make the situation worse.

The Imperial Irrigation District Defends Senior Rights.

The Imperial Irrigation District in Southern CaliforniaOpens in a new tab., which holds one of the most senior water rights on the river, issued its own statement on February 14, 2026.

The District clarified that February 14 was not a deadline for final decisions, but rather a milestone in the National Environmental Policy Act process to complete modeling and analysis for a Final Environmental Impact Statement later this year.

Imperial Irrigation District holds 3.1 million acre-feet per year, including 2.6 million acre-feet of present perfected rights dating to 1901. Under the Law of the River, those senior rights are satisfied first when supplies are limited.

District officials stated that growers in Imperial Valley have conserved more than 9.1 million acre-feet since 2003 through voluntary programs. At the same time, the District made clear it is prepared to defend its legal position if necessary.

Lake Mead
Lakes Mead (pictured) and Powell are dangerously low.

Conservation Groups Warn of Shrinking Margins.

Environmental and sportsmen organizationsOpens in a new tab., including Environmental Defense Fund, American Rivers, The Nature Conservancy, Trout Unlimited, Western Resource Advocates, and the Theodore Roosevelt Conservation Partnership, expressed concern on February 13, 2026.

They warned that Lakes Powell and Mead remain at precarious levels, Basin snowpack is at record lows, and hotter and drier conditions are increasing wildfire risks and water supply shortages. They cautioned that continued gridlock could lead to decades-long litigation and further delay needed solutions.

The groups called for guidelines that provide predictability, integrate environmental stewardship, include Tribal Nations meaningfully, and sustain cooperation with Mexico under the 1944 Treaty.

Interior Steps In.

With no full state consensus, the Department of the Interior is proceeding under its authority Opens in a new tab.to complete the Post 2026 Draft Environmental Impact Statement. Public comments are being accepted until March 2, 2026. New operating guidelines are scheduled to take effect October 1, 2026.

Federal officials said they will continue consultations with Tribal Nations and coordinate with Mexico as required under existing agreements.

The river remains governed by a complex collection of compacts, federal laws, court decisions, contracts, and treaties known collectively as the Law of the River. The 1922 Colorado River Compact remains the cornerstone of that framework.

What Comes Next.

The immediate next step is completion of the environmental review and selection of a new operating framework. If the seven states reach consensus before final decisions are made, that agreement could shape the final guidelines. If not, Interior will act based on its legal authority.

Low snowpack and declining inflows to Lake Powell, which federal officials reported have fallen by 1.5 million acre feet since January, add urgency to the process.

The coming months will determine whether cooperation or litigation defines the next chapter of Colorado River management.


Q&A

What happens if the seven states do not agree?
The Department of the Interior has authority to establish operating guidelines after completing environmental review. Absent agreement, federal officials will implement rules based on existing law.

When will the new rules take effect?
Any new operating framework will begin with the 2027 Water Year on October 1, 2026.

What is the Law of the River?
The Law of the River refers to the collection of compacts, federal laws, court decisions, contracts, and treaties that govern the Colorado River, including the 1922 Colorado River Compact and the 1944 Treaty with Mexico.

Why is snowpack so important?
Snowpack in the Rocky Mountains feeds the river. Low snowpack means less runoff into Lake Powell and other reservoirs, reducing available water supplies.

Could the dispute end up in court?
Yes. Several leaders and conservation groups warned that failure to reach agreement could lead to litigation. Court cases over Colorado River allocations could take years or decades to resolve.

How many people depend on the Colorado River?
Approximately 40 million people rely on the river for municipal water supplies, along with millions of acres of farmland, Tribal communities, wildlife refuges, recreation areas, and hydroelectric customers.

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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