Central Arizona Project moves to join Colorado River lawsuit, warns of severe water cuts

Central Arizona Project has filed a motion to join a lawsuit challenging the federal government’s plans for managing the Colorado River after 2026, arguing the framework could cut off critical water supplies to cities and tribal communities across Arizona.

The state of Arizona has also joined the fight, which started in Nevada in late August.

Brenda Berman, CAP’s general manager, said the Arizona water provider had spent years trying to avoid litigation but believes legal action is now necessary.

“Our goal has been to stay out of court but not at the expense of defending our rights and the laws governing the Colorado River,” Berman said during a Tuesday news conference.

CAP serves more than 50 municipal and industrial water users and 11 tribal communities.

Why is Central Arizona Project intervening in Colorado River lawsuit?

The lawsuit, filed by the Southern Nevada Water Authority, the Colorado River Commission of Nevada and the state of Nevada, challenges how the federal government plans to allocate water between the Colorado River’s upper and lower basins after 2026.

The lawsuit is against the U.S. Bureau of Reclamation, which released a two-year framework that requires the lower basin states of Arizona, Nevada and California to cut 1.25 million acre-feet of water over the next two years.

CAP argues the government cannot cut its supplies based on the project’s junior water priority while the upper basin’s water-delivery obligations remain unmet. The upper basin includes Colorado, New Mexico, Utah and Wyoming.

“These federal cuts could dry up the canal cutting off critical supplies to major urban populations and 11 tribal communities,” Berman said.

She also disputed Interior Secretary Doug Burgum’s statement that Arizona has junior water rights.

“CAP is not and never has been junior to the upper basin,” she said.

She argued that the federal framework violates the Colorado River Compact, other laws governing the river and the National Environmental Policy Act.

The court has not ruled on those claims.

What about the state of Arizona’s separate decision to join Colorado River lawsuit?

On Oct. 16, the state of Arizona filed a motion to intervene in Nevada’s lawsuit.

Arizona Department of Water Resources Director Tom Buschatzke warned that the proposed cuts could effectively dry up the Central Arizona Project.

Arizona has argued that the federal government’s Colorado River operating plan leaves out key protections for the state. Arizona has agreed to take a 30% reduction in Colorado River water over the next two years but does not want that to be the baseline for future cuts.

The state’s objections center on two issues: whether the plan ensures the upper basin meets its water-delivery obligations under the 1922 Colorado River Compact, and whether provisions for years three through 10 could impose deeper cuts on the lower basin. Because Arizona has junior water rights, those additional reductions could hit the state especially hard.

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