James Eklund
Water, the substance of life, behaves differently than most other substances in our universe. When it cools into a solid form, it expands. This thermodynamic fact (called anomalous density) gives water the power to crack solid granite. Water has also proven to have the potential to divide sovereign nations and tribes. Colorado River water currently serves this function.
Colorado River stewardship and stewardship requires a forum that can leverage common interests for the benefit of the entire system. A forum where the voices of voters can be heard and considered in order to realize sound national policies. A forum with the ability to develop solutions and the legal authority to act. Fortunately, such a forum exists in the U.S. Senate.
Modern Colorado River system management is negotiated between seven states and the federal government, and the Republic of Mexico regularly participates in targeted issues affecting its share of the river. Until 2020, this structure proved sporadic but prolific and reliable. This resulted in the creation of two interstate agreements, an international treaty, a large number of treaty “minutes” (or treaty amendments), numerous federal laws, and several administrative and administrative agreements. The success of the final two “stress tests” of this governance structure resulted in the 2007 Lake Powell and Lake Mead Operating Guidelines in response to the 2002 drought and the 2019 Lake Powell and Lake Mead Operating Guidelines in response to the restructured impacts of climate change on rivers. A drought contingency plan was created for 2017. . Unfortunately, this governance structure has not passed current stress tests and needs support. To rehash the situation here, too much ink has been spilled chronicling the drying of the Colorado River (essentially, climate change has cut the river in half in the last century, and it seems likely that it will decline further). is).
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When it comes to interstate issues like water, one of the Senate’s greatest strengths is its commitment to equal representation regardless of population. The 14 members (9 Democrats, 4 Republicans, and 1 independent) come from a diverse range of states in the Colorado River Basin. In fact, upper tier states with much smaller populations (Colorado, New Mexico, Utah, Wyoming) have eight senators, while lower tier states with larger populations (Arizona, California, Nevada) have eight senators. The number of people is 6. The federal government serves as protector of the 30 federally recognized American Indian tribes in the basin. Taken together, these factors mean that the Senate is a “Goldilocks” forum that, while far from perfect, is about right for the challenges at hand.
It’s time for the Colorado River Caucus in the U.S. Senate. Every December, water users, elected officials, appointed officials, waterway and utility managers, engineers, and lawyers gather in Las Vegas for the Colorado River Water Users Association Conference. Water customers would do well to think of the caucus as a forum where they can move forward toward and beyond his 2026 deadline for new management protocols. Additionally, the United States needs to leverage its ability to grow food and fiber for itself and its allies in the face of geopolitical risks to supply chains and global trade. Like it or not, the Colorado River Basin has become a highly efficient producer of agricultural and industrial products critical to national security.
Thanks to the leadership of Colorado Sen. John Hickenlooper, the Colorado River Caucus within the U.S. Senate has emerged as a viable solution to the infighting and accountability that currently dominates historic decision-making structures. are doing. Sen. Hickenlooper has previously served as governor of a state not immune to water conflicts, and his leadership is dedicated to finding solutions to the wicked problem of doing more with less. I have experience bringing people together. Therefore, managing requests is one of the few tools we have. Rather than allowing insular local politics to drive water policy in a self-defeating quest to win sister and parent jurisdiction, our national interest is to consider the bigger picture and align with our common interests. It compels us to take action. A stronger Arizona benefits California and other states, and vice versa. Rather than competing with each other for scarce resources, we should focus on market-based solutions for water in the western United States, such as compensated water conservation, regional groundwater management, and gray water reuse. The Senate caucus has the ability to shed the toxic domestic competition we seem to enjoy, put on the suit of national cooperation, and make America invincible.
Although water has shown the ability to split, another property of water is its ability to bind. Hydrogen atoms allow water to stick to itself and other molecules (called flocculation). It has also been proven that water can unite water users for the common good and the health of the entire system. Colorado River water currently has this ability.
The creation of the Colorado River Caucus is a ray of hope in the face of adversity. This offers a unique opportunity to cross political divides and create a path towards sustainable, fair and resilient water management. The challenges are formidable, but the consequences of infighting and inaction are far more damaging. The U.S. Senate recognizes the urgency of this moment, and with wisdom, foresight, and a united effort for the future of the Colorado River, we will get through this difficult situation.
James Eklund, a fifth-generation Coloradoan, leads the state’s water law practice at Sherman & Howard.‘The oldest law firm. North Sky Ranch (est. 1888) ranch in the Colorado River Basin.Previously worked as Colorado‘Architect in charge of water policy in Colorado‘s Water Plan (2015), Colorado‘We are a signatory to the Colorado River Drought Contingency Plan (2019).
