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We are a little different from most water dis- tricts across the nation. We are forty-six per- cent tribal so our water supply is split almost half and half between municipal and industri- al on one hand and tribal on the other. That is about six million people, twelve tribes indi- vidually. We are a wholesaler; we bring in river water from the Colorado River at Lake Hava- su and we deliver that water to cities, tribes, farms, and they treat that water if it’s going to be drinking water and they use that water if it’s going to go to agriculture.
So, the law of the river. We have over 100 years of jurisprudence in this basin that starts with the seven basin states working with Her- bert Hoover, who was then the Secretary of Commerce, to put together the Colorado Riv- er Compact. It was the first multi-state water compact and it was put together by the seven governor representatives of the states. When you hear news reports about what’s going on in the Colorado River, generally they’re re- ferring to the seven governor representatives of the seven basin states. But of course, we know there are stakeholders across this region. Water districts, like myself, the tribes, conser- vation organizations and different industries.
Over the last 100 years, we have common law, compacts, litigation in the United States Su- preme Court under original jurisdiction, vari- ous laws by Congress, and agreements we put together ourselves to move forward with con- servation. And of course, I’m an Arizonan so this is my version of law of the river. If you ask someone who’s a rancher in Wyoming, they might give you a different version. But I think we’d all agree on the main parts there.
So, the Colorado River Compact, back to that upper basin and lower basin. They couldn’t agree how to deliver water to each state and so they agreed to do it by region. The upper basin has a responsibility to the lower basin for a certain amount of water reaching downstream.
I don’t think water lawyers often get remem- bered but those who fought for Arizona and the other states in the Arizona v. California Supreme Court litigation are revered. They did an absolutely incredible job. It was twelve years hard fought. But what we like to tell people now is if you really want to go back to the Supreme Court and fight between states,
if it took twelve years in the 1950s and ‘60s, how long do you think it would take now? It would take probably twenty-five years, easy.
The Colorado River is in a twenty-four-year drought, exacerbated by climate change. Back in 2005, we knew we were in a five-year drought. We knew we were in trouble. So entities from across the basin came together with the seven basin states in the lead with the United States and came up and said, “We’ve never talked about how we’ll share shortage before. Let’s figure out how we’re going to share shortage.” We talked about innovative ideas how to incentivize conservation, how to get water saved behind Hoover Dam, Lake Mead and Glen Canyon Dam.
It was the most remarkable conservation incentive program in the history of the United States.
So what is our issue? If people didn’t exist, if infrastructure didn’t exist, what would nature be providing? What we have is a smaller river. How do you split a river that is significantly smaller than the one you thought you had?
Since 2007 guidelines went in, we have saved millions of acre feet. An acre foot in Arizona is enough for about three families for a year. All the differ- ent states and interests in the United States and Mexico have put that water behind Lake Mead. It’s over eighty feet in the largest reservoir in the United States. It’s really an incredible feat.
And, so, what’s next? There’s a lot of disagreement. We have an incredible history in this basin. We have decades and decades and decades of coming together, of not fighting each other since the 1960s, finding solutions for the environment, for each other, for municipalities, for tribes. That’s the histo- ry we need to rely on. That’s what we need to move forward. It’s incredibly complicated between all the inputs and the law and the structure and the engineering but we’re pulling together. And, so, please be rooting for us over the next two years as we pull this together with our fellow states and interests.
Michael O’Donnell Denver, CO
SUMMER 2024 JOURNAL 36