Long Term Sustainability for the Colorado River

A Long-Term Solution Must be Based on Existing Law, Water Rights, and Conservation Efforts Expanded to All Colorado River States

The Law of the River, a sizable body of compacts, statutes, court decisions, and priority rights, represents more than 100 years of established law. As such, it provides the most solid foundation for a stable future that avoid litigation in the midst of decreasing hydrology and low reservoir conditions.

It’s equally important to note that in August of 2023, all three Lower-Basin states – Arizona, California, and Nevada – signed a joint letter agreeing that the Law of the River must be the starting point for a long-term operations plan:

“The Lower Division States believe the Law of the River must be the foundation for the Post-2026 Operations. The existing framework also allows for collaboration and consensus which helps avoid the uncertain outcomes that result from litigation.”

It is clear from the last several years of drought, challenging weather conditions, and sacrifice by farms, families, businesses, and tribes in all seven Basin states, that the need for swift action is great. And the quickest way to a long-term plan begins with the Law of the River. Ignoring it only guarantees chaos and years of court battles that will do nothing to help the millions who rely on the river or protect the health of the river itself and its surrounding environment.

With rights come responsibilities, and Imperial Valley farmers have led the way on innovative conservation measures resulting in significant water savings. We stand ready to help the other Basin states achieve similar results.

Using the California Model, Expand Partnerships Between Farms and Existing Cities to All 7 Basin States

Over the last 20 years, California’s urban-rural partnerships in on-farm water conservation, known cumulatively as the Quantification Settlement Agreement, have become a model of success in creating reliable municipal water supplies while enhancing the efficient production of fruit, vegetable, and forage products that feed America.

Because of these efforts, the Imperial Irrigation District now conserves over 163 billion gallons of water every year, totaling over 2.5 trillion gallons since 2003. That water now goes to meet the domestic needs of millions of urban families in Southern California. Water for established cities like Phoenix, Salt Lake City, and Denver must come from somewhere, and these conservation partnerships take pressure off other parts of the system.

It's clear that many basin state have not adequately invested in water supplies to support urban growth. California stands ready to share our successful conservation partnerships and strategies with other states that may just now be experiencing the population pressures that California has long contended with. To save the Colorado River, urban-funded on-farm water conservation can, and must, be utilized in all seven Basin States.

The federal government can help other basin states achieve similar results, further stabilizing the system for all water users. On October 12, 2022, the Department of Interior announced new drought mitigation funding opportunities to improve and protect the long-term sustainability of the Colorado River System.

“A newly created Lower Colorado River Basin System Conservation and Efficiency Program, funded with an initial allocation through the Inflation Reduction Act and managed through the Bureau of Reclamation, will help increase water conservation, improve water efficiency, and prevent the System’s reservoirs from falling to critically low elevations that would threaten water deliveries and power production.”

Lower Basin States now have access to funds for projects that will start to achieve the kind of on-farm water conservation practices that can help take pressure off Colorado River supplies.

In addition, according to the Department of Interior, it is also working to invest in long-term system efficiency improvements across the Basin, including at least $500 million in the Upper Basin states of Colorado, Utah, Wyoming, and New Mexico, that will result in additional water conservation for the entire system.

Climate Change and Water Supply Variability Impact All Seven Basin States and Must be Addressed by All Seven

Climate change does not exist in only a few states. It impacts us all and therefore each state must do its part.

Some states have suggested that the Lower Basin alone should compensate the system for shifts in water supply, which is an impractical solution. Climate change does not exist solely in California, Arizona and Nevada. All seven states in the Colorado River basin are suffering the impacts, and anything less than aggressive efforts on the part of each and every water user in the Basin States as well as Mexico shortchanges all who rely on the Colorado River.

Incentivize Conservation with Increased Flexibility

IID and Imperial Valley farmers have utilized a host of strategies to achieve significant reductions in annual usage.

We have learned the best way to achieve conservation in all seven states is to incentivize it.

A more flexible system must allow stored water to be used across multiple years, rather than penalizing conservation under a “use it or lose it” system, and would not only increase efforts to conserve but would also help maintain critical levels in Lakes Mead and Powell in times of great need. Maintaining a certain water level in these reservoirs also increases the reliability of hydropower, a clean source of energy that serves millions of people in the Colorado River Basin.

One of the primary components of the 2007 Interim Guidelines was increased flexibility, specifically, Intentionally Created Surplus (ICS). In light of the current hydrologic conditions, the post-2026 plan must build upon and improve ICS. Expanding the use of this successful strategy, but under revised rules that support not only the river system but the agencies that generate and fund that conservation, benefits all who depend on the Colorado River. This also encourages investment in additional voluntary conservation measures that ensure cities have water and hydroelectric power during times of increased stress on the river.

Commit to Protecting a Safe, Affordable, Reliable, Domestic Food Supply

It’s critical that state and federal partners continue to honor their commitment to food production in all seven Basin States. More than 90% of our leafy green winter vegetables come from the Imperial Valley region in California and Yuma, Arizona. Maintaining a robust domestic food supply is particularly important now with so much unrest throughout the world.

Investment in on-farm water conservation is a major component in protecting that food supply for all Americans.

In a commentary published in the Desert Sun, Imperial Valley farmer and IVH2O board member, Stephen Benson, explained that the Valley’s conservation practices reduce demands on the Colorado River while still providing vast quantities of food for families across the country.

“We grow much of the supply of winter vegetables our country depends on. When winter comes to the rest of the United States, the Imperial Valley is producing at its peak. And, because of the unique soil and weather conditions, we grow significantly more per acre and per drop of water, than elsewhere. Eliminating or diminishing Imperial Valley agriculture is a risk not just for our families, but also for the nation.”

Stephen Benson, Imperial Valley Farmer

The Western United States produces food more efficiently than almost any other location, and as new water conservation measures are put in place, that efficiency will continue to grow. States west of the Rockies produce more than 80% of our domestic fruits, nuts and vegetables, much of which is dependent on the Colorado River.

Growing food at home is water-efficient, keeps food available without depending on unstable foreign sources, is safer than food from many other locations, and protects the environment by cutting down on food transportation.

“You’ve got to . . . keep listening to the farmers, because ultimately, you don’t want to get to the point of creating a food crisis to solve a water crisis.”

Henry Martinez, Imperial Irrigation District General Manager (Ret.)

Create Additional Supply

We must pursue all options to increase the available supply of water including voluntary compensated conservation efforts, in-state water transfers, efficiency improvements, desalination, and water recycling to augment the system.

Technology is advancing quickly on all these options, and we must start now to implement as many new projects as possible to increase supply.

Protect the Sole Water Supply for the Imperial Valley

The Imperial Valley’s sole water supply is the Colorado River. Unlike other Basin States, alternate surface supplies or groundwater simply don’t exist to meet the domestic water needs of Imperial Valley residents, or water for the local businesses they depend on, including agriculture.

As the Imperial Irrigation District pointed out to the Bureau of Reclamation in its letter dated August 15, 2023:

“The Imperial Valley, with no alternative supplies to the Colorado River, and a large environmental justice community, requires an environmental justice analysis distinct from Indian Trust Assets and many other areas of use within California, Arizona, or Nevada, which have alternative water supplies”.

Taking away water supply from the Colorado River would mean our entire community would cease to exist.

Cooperation Between All Water Users

Cooperation between all seven basin states, tribes, as well as our federal and international partners is the best way to achieve a long-term plan for the Colorado River that provides reliability and stability of water supply for all.

A one-size-fits-all solution imposed from the federal government helps no one and only guarantees years of legal battles rather than a lasting solution for the Colorado River. We worked together to arrive at an interim deal, and we can do it again for a long-term solution.

Following this path will lead to the operational certainty, planning, and investment necessary for all water users in the Basin to adapt to the hydrologic conditions that are anticipated to occur beyond 2026.

Long-Term Sustainability for the Colorado River

IVH2O