Future water conservation program almost guaranteed in Upper Basin
River District warns again about impacts to the Western Slope
Heather Sackett/Aspen Journalism
After years of studying and experimenting with pilot programs, the future of Colorado River management will almost certainly include a permanent water conservation program for the Upper Basin states.
Upper Basin officials have submitted refinements to their March 2024 plan for how water should be released from Lake Powell and Lake Mead, and how shortages should be shared after the current guidelines expire in 2026. In it, they offer up the potential for up to 200,000 acre-feet per year of water conservation.
“The kind of conservation activities, I think the exact contours of that and how that would work, all that is yet to be determined,” said Amy Ostdiek, chief of the interstate, federal and water information section of the Colorado Water Conservation Board. “But conservation activities across the Upper Division states, in one way or another, I think, will likely continue.”
The proposal by the Upper Basin states (Colorado, New Mexico, Utah and Wyoming) now includes two water-savings accounts in Lake Powell. One is a Lake Powell Conservation Account that will store up to 200,000 acre-feet per year from conservation and from quantified and settled but unused tribal water. The second, a Lake Powell Protection Account, would store water released from upstream reservoirs — Flaming Gorge, Navajo and Blue Mesa — when Lake Powell drops below 3,535 feet in elevation.
These pools would be part of what the Upper Basin calls “parallel activities,” and details would be hammered out in agreements separate from the new reservoir operation guidelines, which the seven Colorado River basin states are negotiating. Conservation is based on each year’s hydrology, with more water saved in wet years.
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For the past several years, Upper Basin officials have pushed back on the notion that their states should contribute to cutbacks in water use since their water users already suffer shortages in dry years and the four states have never used their entire allocation of the river, while the Lower Basin (California, Arizona and Nevada) overuses its share. At the same time, however, the Upper Basin has been exploring programs that would pay water users to cut back. These programs include the System Conservation Pilot Program and the state of Colorado’s study of a demand management program.
In March, each basin submitted to the U.S. Bureau of Reclamation competing proposals for future river management, with the Lower Basin calling for cuts to be shared by the Upper Basin under the most critical conditions. Each basin dug in their heels for months, saying their alternative was best. The result was a stalemate when talks ground to a halt by the end of the year.
According to state officials, representatives of the seven basin states have recently resumed talks.
“I’m happy to report that the seven states are continuing discussions,” Becky Mitchell, a commissioner to the Upper Colorado River Commission and who represents Colorado in talks among the seven states, said at the Colorado Water Congress annual convention last month in Aurora. “We are working hard to identify potential areas of consensus.”
Colorado River expert and author Eric Kuhn said the Upper Basin’s proposal for the two water savings pools in Lake Powell is a sign of optimism.
“I kind of see it as a change in tone and putting something on the table that is closer to the Lower Basin’s proposal,” Kuhn said. “That seems like fairly significant progress to me.”
The watchwords for these types of conservation programs have always been “temporary, voluntary and compensated.” But in the face of a hotter, drier future with less water to go around, officials are acknowledging the inevitability of a more permanent Upper Basin water-conservation program.
“I think it’s almost guaranteed,” said Amy Haas, executive director of the Colorado River Authority of Utah.
Western Slope concerns remain
Paying water users to cut back is not a new concept in the Upper Basin.
In 2023, using federal money from the Inflation Reduction Act, the Upper Basin states rebooted the System Conservation Pilot Program, which first took place from 2015 to 2018. Over two years, the program saved 101,000 acre-feet of water at a cost of $45 million. The System Conservation Pilot Program has been criticized for a lack of transparency, for not tracking conserved water to Lake Powell and the high cost.
And although all water-use sectors — including agriculture, cities and industry — were invited to participate, in practice all the participating water users in the state of Colorado were Western Slope irrigators.
This disproportionate participation by one area of the state and the potential harm it could cause to rural agricultural communities has long been something the Glenwood Springs-based Colorado River Water Conservation District has warned against. The district, which leads in the protection, conservation, use and development of water across 15 Western Slope counties, had sought to play a role in setting criteria and approving applications for the SCPP. But in the end, the Upper Colorado River Commission had the sole authority for deciding who could participate.
Now that the Upper Basin seems poised for more permanent and robust conservation, the River District is reasserting the need for rules that protect the Western Slope.
“Our state and the three other Upper Basin states have put it on the table as a negotiating chip,” River District General Manager Andy Mueller said at the district’s regular board meeting Jan. 21. “We will see some form of program come out of this. The question is: When it gets operated inside of our state, can we influence how it gets operated? Can we create a situation where we avoid every drop of that water coming out of the West Slope?”
The River District board on Jan. 21 authorized writing a letter to state officials and Colorado’s congressional delegation about creating a conservation program that avoids disproportionate impacts to Western Slope water users. One of the River District’s fears is that Front Range cities — which have junior water rights from the Colorado River and have deep pockets — in a version of “buy and dry” could pay for water conservation in Western Slope agriculture and store the water in Lake Powell to protect themselves from future mandatory cutbacks.
“That’s not something we would be supportive of,” Mueller said. “That’s the kind of guidelines we want to see come out of the state for conditions on participating in a program.”
Utah demand management
The future of the System Conservation Pilot Program in 2025 is unclear, with federal funding authorization pending. But the state of Utah is not waiting for a basinwide program to materialize. With a $4 million appropriation, the state is funding a two-year demand-management pilot program, which will pay irrigators to take water off their fields, switch to more efficient irrigation methods or release downstream water stored in reservoirs. Haas said the program has received 26 applications for 2025.
A main goal of Utah’s conservation program is to track and account for the saved water in Lake Powell, something the System Conservation Pilot Program has failed to do in its first years. The Upper Colorado River Commission recently penned an agreement with Reclamation that will allow Upper Basin water users to account for water saved through conservation programs in Lake Powell.
“Utah really believes that in order to put teeth on our commitments in the Upper Basin post-2026, we’ve got to be undertaking these conservation activities,” Haas said. “I think that’s why we are headed in this direction, and we are leading among the four Upper Division states in terms of piloting our own demand-management program.”
The state of Colorado did a two-year study of its own potential demand-management program beginning in 2019, but the state has since shelved that work.
Federal water managers also seem to be gravitating toward conservation in the Upper Basin. On Jan. 17, the Bureau of Reclamation released a report on five potential alternatives for reservoir operations and shortage sharing. Three of the four “action” alternatives include the provision for storing up to 200,000 acre-feet of water annually in Lake Powell. (The analysis also includes a “no-action” alternative as a formality, which is required by the National Environmental Policy Act.)
Even though the Upper Basin states will commit to some amount of future water conservation, officials say exactly how much will vary by year.
“That number is going to be driven by hydrology,” Ostdiek said. “We also know in the Upper Basin, our ability to store water in that type of account will probably be greater in wetter years. … It’s not an assumption that we would be able to do 200,000 acre-feet in every year.”
This story is provided by Aspen Journalism, a non-profit, investigative news organization covering water, environment, social justice and more. Visit AspenJournalism.org.
