Interstate Water Wars are Heating Up Along with the Climate By Robert Glennon, the Conversation
Dry times in the West The situation is most urgent in California and the Southwest, which currently face “extreme or exceptional” drought conditions. California’s reservoirs are half-empty at the end of the rainy season. The Sierra snowpack sits at 60 percent of normal. In March 2021, federal and state agencies that oversee California’s Central Valley Project and State Water Project – regional water systems that each cover hundreds of miles – issued “remarkably bleak warnings” about cutbacks to farmers’ water allocations. The Colorado River Basin is mired in a drought that began in 2000. Experts disagree as to how long it could last. What’s certain is that the “Law of the River” – the body of rules, regulations and laws governing the Colorado River – has allocated more water to the states than the river reliably provides. The 1922 Colorado River Compact allocated 7.5 million acre-feet (one acre-foot is roughly 325,000 gallons) to California, Nevada and Arizona, and another 7.5 million acre-feet to Utah, Wyoming, Colorado and New Mexico. A treaty with Mexico secured that country 1.5 million acrefeet, for a total of 16.5 million acre-feet. However, estimates based on tree ring analysis have determined that the actual
Interstate water disputes are as American as apple pie. States often think a neighboring state is using more than its fair share from a river, lake or aquifer that crosses borders. Currently the U.S. Supreme Court has on its docket a case between Texas, New Mexico and Colorado and another one between Mississippi and Tennessee. The court has already ruled this term on cases pitting Texas against New Mexico and Florida against Georgia. Climate stresses are raising the stakes. Rising temperatures require farmers to use more water to grow the same amount of crops. Prolonged and severe droughts decrease available supplies. Wildfires are burning hotter and lasting longer. Fires bake the soil, reducing forests’ ability to hold water, increasing evaporation from barren land and compromising water supplies. As a longtime observer of interstate water negotiations, I see a basic problem: In some cases, more water rights exist on paper than as wet water – even before factoring in shortages caused by climate change and other stresses. In my view, states should put at least as much effort into reducing water use as they do into litigation, because there are no guaranteed winners in water lawsuits.
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May 2021
