### Is Water a Human Right or a Commodity?
By Martina Dobesh
Eric Faulken, the executive director of the Glen Canyon Institute, recently remarked that just “one or two dry winters can plunge our water supply into a crisis mode like we saw in 2022.” While the heavy winter rain and snowfall of 2023 provided temporary relief, much of this precious water ended up flowing out to the ocean, although it did momentarily replenish wells and reservoirs. Baja’s north coastal region heavily relies on the Colorado River, receiving 80% of its water needs from this source. Seven U.S. states, including California, also draw their water from the Colorado River.
The 1922 River Compact Agreement, which expires soon, has protected these water rights, but its renegotiation will be critical as states and Baja California vie for their share of this crucial resource. It would take at least six consecutive wet winters to fully replenish the Lake Powell and Lake Mead reservoirs. The Bureau of Reclamation (USBR) remains hopeful for good winters, with its forecasted allotments banking on this optimism.
Zack Frankly, executive director of the Utah Rivers Council, cautioned that the heavy snowfall of 2023 has created a false sense of security. America’s two largest reservoirs remain only about 37% full, equivalent to winning the lottery yet still being bankrupt. The USBR has already placed six states and Baja California under Tier One water shortage restrictions, although California is exempt until Tier Three conditions are reached.
Evaporation losses, exacerbated by population growth, were not considered when the original River Compact was created in 1922. The USBR now estimates a 10% loss from evaporation, complicating the already tense negotiations. These allotment negotiations are critical as they will impact 40 million people, agriculture, and Baja California.
The U.S. federal government is urging states to agree on a unified proposal before the end of 2024 for new Colorado River water rules to take effect in 2026. Jim Lochhead, one of Colorado’s top water negotiators, emphasized the importance of states controlling their own water fate rather than relying on the Supreme Court, which may lack an understanding of Western water laws.
Arizona, California, Nevada, and Baja California have been compensated to reduce water usage, with the federal government setting aside $4 billion for Colorado River work. A portion of this has been used to pay irrigation districts, cities, and Native American tribes to temporarily lower their water usage. Since 2021, Mexico has received $65 million in compensation.
The value of water has caught Wall Street’s attention. The Colorado River is now seen as a highly valuable resource, comparable to oil. While the 1992 Dublin Principles declared water an “economic good,” making it tradable, this challenges the notion of water as a human right, meant to be available to people regardless of their economic status.
Billions of dollars are at stake, and Wall Street, owning substantial river water rights, is betting big on the future scarcity, anticipating high profits.
### Additional News Update:
#### New Developments in the Colorado River Water Crisis
By Alex Hager, May 9, 2024
New data reveals that Lake Mead has significantly dropped 15 feet as of July 2024, bringing it perilously close to its levels during the severe drought of July 2022. Conservation groups have criticized the Bureau of Reclamation for overestimating future water flows. Despite a temporary reprieve, it has become evident that long-term solutions are urgently needed.
The negotiations among states on the Colorado River water rules remain heated, with little progress made towards a unified proposal. The Biden Administration is pressing for an agreement before the end of 2024 to avoid federal intervention, which could complicate matters further and push disputes into the judicial system.
In the meantime, the federal government continues to incentivize states and regions to reduce their water consumption with financial packages. This approach has yielded mixed results, illustrating the complexity and magnitude of water management in the western United States.
Stay tuned for more updates on this critical issue.
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