A coalition of national and regional environmental and water advocacy organizations formally petitioned the U.S. Bureau of Reclamation (BOR) to address what they describe as the systemic waste of Colorado River water by users in California, Arizona and Nevada.
The Natural Resources Defense Council (NRDC), the University of California, Los Angeles (UCLA) Frank G. Wells Environmental Law Clinic and several Waterkeeper organizations filed a legal petition urging Secretary of the Interior Doug Burgum to fulfill his statutory obligation to prevent the unreasonable use and waste of Colorado River water. Citing the worsening aridification of the Southwest and record-low reservoir levels, the petition calls for stricter enforcement of the beneficial use requirement that governs water deliveries in the Lower Basin states of California, Arizona and Nevada.
“This petition lays out how—under existing law, and by its own admission in federal court—the Bureau has a mandate to ensure that the water it delivers to California, Arizona, and Nevada is not squandered on unreasonable uses,” said Cara Horowitz, director of the Frank G. Wells Environmental Law Clinic at UCLA School of Law. “The petition also makes clear that the Trump administration could take a few common-sense steps to come into compliance.”
The petition emphasized that under the 1928 Boulder Canyon Project Act, the BOR must ensure that water is only delivered to uses that are “reasonably required” and not “unreasonable”—language the petitioners argue gives the agency authority to intervene. The petition cites federal code, which requires the agency to annually review and approve water orders based on the reasonable and beneficial use of water. Despite this authority, the petition claims the agency has deferred mainly to longstanding contracts and failed to evaluate whether current uses reflect efficient water management in the face of worsening drought and climate change.
To address these concerns, the petition recommends that the BOR adopt a more rigorous and transparent review process for Lower Basin water orders. This includes auditing water use practices, reassessing delivery volumes, and imposing conservation benchmarks for large-scale agricultural users. It also calls for prioritizing urban and environmental uses that demonstrate efficient allocation and measurable return benefits, while phasing out deliveries to operations with chronic inefficiencies.
“More than 40 million people in seven states rely on the over-stressed Colorado River for their water supply and the West can’t afford to continue to waste water unsustainably,” said Dr. Mark Gold, NRDC director of water scarcity solutions. “The Bureau of Reclamation has the authority and obligation to stop the waste and protect this precious resource today and for future generations.”
This petition comes amid broader negotiations over how to share shrinking supplies of Colorado River water equitably. The petitioners hope it will prompt federal scrutiny and meaningful reforms, particularly as new management guidelines are set to replace the current operating plan in 2026. The coalition emphasizes that by enforcing its existing authority, the BOR could rebalance allocations in a way that better reflects contemporary needs and environmental limits.
Possible breakthrough
As the Colorado River faces mounting pressure from drought and overuse, a potential breakthrough in negotiations over future water allocations is emerging, coinciding with a change in federal leadership.
President Donald Trump nominated Ted Cooke, a veteran of Arizona’s Central Arizona Project (CAP), to lead the BOR. With more than 20 years at CAP, the state’s largest water delivery system, Cooke brings firsthand experience managing Colorado River supplies.
Cooke’s nomination coincides with renewed momentum in long-stalled negotiations among the seven basin states. According to E&E News, while negotiators are coalescing around using “natural flow” as a basis for future Colorado River allocations, a central sticking point remains: deciding how much water each basin can use annually and what must be kept in reservoir storage to sustain hydroelectric generation.
Although the 1922 Colorado River Compact technically allocates 7.5 million acre-feet each to the upper and lower basins, actual usage varies widely. In 2023, the Upper Basin used 4.7 million acre-feet compared to the Lower Basin’s 5.8 million, reflecting shifting demands and recent conservation efforts. Reclamation staff will now model how much water would naturally move between the basins, a key step in shaping future policy.
The issue is now squarely in the hands of the BOR, which is conducting a broad environmental review under the National Environmental Policy Act. As The GIST reports, states have until Nov. 11 to present a consensus deal and until Feb. 14 to submit a detailed proposal. Meanwhile, the agency will continue to evaluate a range of federal management alternatives to ensure that any state-led plan fits within that scope. A draft of BOR’s analysis is expected by the end of 2025, with a final plan due by summer 2026. — Charles Wallace, WLJ contributing editor
