Management of the Colorado River: Water 
October 13, 2020 
Allocation, Drought, and the Federal Role 
Charles V. Stern 
The Colorado River Basin covers more than 246,000 square miles in seven U.S. states 
Specialist in Natural 
(Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada, and California) and 
Resources Policy 
Mexico. Pursuant to federal law, the Bureau of Reclamation (part of the Department of 
  
the Interior) manages much of the basin’s water supplies. Colorado River water is used 
Pervaze A. Sheikh 
primarily for agricultural irrigation and municipal and industrial (M&I) uses, but it also 
Specialist in Natural 
is important for power production, fish and wildlife, and recreational uses. 
Resources Policy 
  
The water apportioned to users on the Colorado River is widely acknowledged to be in 
excess of the river’s natural flows. Consumptive uses of Colorado River water typical y 
 
exceed natural flows, causing an imbalance in the basin’s available supplies and demands. These trends are 
exacerbated by a drought in the basin dating to 2000, which has raised the prospect of water delivery curtailments 
and decreased hydropower production, among other things. In the future, observers expect that increasing demand 
for water supplies, coupled with the effects of climate change, wil  further strain the basin’s limited water 
supplies. 
River Management 
The Law of the River is the commonly used shorthand for the multiple laws, court decisions, and other documents 
governing Colorado River operations. The foundational document of the Law of the River is the Colorado River 
Compact of 1922. Pursuant to the compact, the basin states established a framework to apportion the water 
supplies between the Upper and Lower Basins of the Colorado River, with the dividing  line between the two 
basins at Lee Ferry, AZ (near the Utah border). The Upper and Lower Basins each were al ocated 7.5 mil ion acre-
feet (MAF) annual y  under the compact; an additional 1.5 MAF in annual flows was made available to Mexico 
under a 1944 treaty. Future agreements and court decisions addressed other issues (including intrastate al ocations 
of flows), and subsequent federal legislation provided authority and funding for federal facilities that al owed 
users to develop their al ocations. A  1963 Supreme Court ruling also confirmed that Congress designated the 
Secretary of the Interior as the water master for the Lower Basin, a role in which the federal government manages 
the delivery of al  water below Hoover Dam. 
Reclamation and basin stakeholders closely track the status of two large reservoirs—Lake Powel  in the Upper 
Basin and Lake Mead in the Lower Basin—as an indicator of basin storage conditions. Under recent guidelines, 
dam releases from these facilities are tied to specific water storage levels. For Lake Mead, the first operational 
shortage tier (“Tier Zero”) under which Arizona’s and Nevada’s al ocations are decreased by specified levels 
would be triggered if Lake Mead’s January 1 elevation were expected to fal  between 1,075 feet and 1,090 feet 
above mean sea level. This operational tier is currently in effect, and this is expected to remain the case in the near 
future. As of August 2020, Reclamation projected a 49% chance, depending on the hydrology assumed, for 
additional curtailments (i.e., a Tier One or greater shortage) at Lake Mead by 2024. 
Operational Changes and Drought Contingency Plans 
Despite earlier  efforts to al eviate future shortages, the basin’s hydrological outlook general y has worsened in 
recent years. After several years of negotiations, in 2019 Reclamation and the basin states transmitted to Congress 
plans to further al eviate stress on basin water supplies. Congress authorized these plans, known as the drought 
contingency plans (DCPs) for the Upper and Lower Basins, in April 2019 in the Colorado River Drought 
Contingency Plan Authorization Act (P.L. 116-14). Among other things, the DCPs obligate Lower Basin states to 
additional  water delivery cutbacks at specified storage levels (i.e., cutbacks beyond previous curtailment plans), 
commit Reclamation to additional water conservation efforts, and put in place plans to coordinate Upper Basin 
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operations to protect Lake Powel  storage levels and hydropower generation. Despite the success of DCP 
negotiations, many remain concerned about the basin’s long-term water supply outlook, including the potential 
for a compact cal  between the Lower Basin and Upper Basin that might lead to protracted legal issues. Future 
water shortages due to climate change, tribal water rights settlements, and state and local water supply 
development in the Upper Basin could exacerbate these tensions. A central question facing the basin’s 
decisionmakers is whether current “interim” guidelines wil  be renewed prior to their expiration in 2026, and what 
other changes might be made as a part of those agreements. 
Congressional Role 
Congress plays a multifaceted role in federal management of the Colorado River Basin. Congress funds and 
oversees management of basin facilities, including operations and programs to protect and restore endangered 
species. It has enacted and continues to consider Indian water rights settlements involving Colorado River waters 
and development of new water storage facilities in the basin. In addition, Congress has approved funding to 
mitigate water shortages and conserve basin water supplies and has enacted new authorities to combat drought 
and its effects on basin water users (i.e., the DCPs and other related efforts).  
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Contents 
Introduction ................................................................................................................... 1 
The Law of the River: Foundational Documents and Programs .............................................. 3 
Colorado River Compact ............................................................................................ 4 
Boulder Canyon Project Act ........................................................................................ 5 
Arizona Ratification and Arizona v. California Decision .................................................. 5 
1944 U.S.-Mexico Water Treaty ................................................................................... 6 
Upper Basin Compact and Colorado River Storage Project Authorizations ......................... 6 
Water Storage and Operations ........................................................................................... 8 
Annual Operations ..................................................................................................... 9 
Mitigating the Environmental Effects of Colorado River Basin Development ......................... 10 
Salinity Control ....................................................................................................... 11 
Endangered Species Efforts and Habitat Improvements ................................................. 11 
Upper Colorado Endangered Fish Recovery Program............................................... 11 
San Juan River Basin Recovery Implementation Program ......................................... 12 
Glen Canyon Dam Adaptive Management Program ................................................. 12 
Lower Colorado Multi-Species Conservation Program (MSCP)................................. 12 
Tribal Water Rights ....................................................................................................... 13 
Drought and the Supply/Demand Imbalance in the Colorado River Basin .............................. 14 
Recent Developments and Agreements ............................................................................. 16 
2003 Quantitative Settlement Agreement..................................................................... 16 
2004 Arizona Water Settlements Act ........................................................................... 16 
2007 Interim Guidelines/Coordinated Operations for Lake Powel  and Lake Mead ............ 17 
Pilot System Conservation Program............................................................................ 18 
Minute 319 and Minute 323 Agreements with Mexico................................................... 19 
2019 Drought Contingency Plans ............................................................................... 19 
Upper Basin Drought Contingency Plan................................................................. 19 
Lower Basin Drought Contingency Plan ................................................................ 20 
Opposition ........................................................................................................ 22 
Issues for Congress ....................................................................................................... 22 
Funding and Oversight of Existing Facilities and Programs ............................................ 22 
Indian Water Rights Settlements ................................................................................ 23 
Plans for New and Augmented Water Storage, Conveyance............................................ 23 
Drought Contingency Plan Implementation and Future Basin Agreements ........................ 24 
 
Figures 
Figure 1. Colorado River Basin and Areas That Import Colorado River Water .......................... 3 
Figure 2. Colorado River Basin Allocations......................................................................... 7 
Figure 3. Lake Powel  and Lake Mead Elevations and Operational Tiers................................ 10 
Figure 4. U.S. Lower Basin States: Intentionally Created Surplus Balance, 2010-2019............. 18 
 
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Tables 
Table 1. 10 Tribes Study: Tribal Water Rights and Diversions .............................................. 14 
Table 2. Lower Basin Water Delivery Curtailment Volumes Under Existing Agreements .......... 21 
 
Contacts 
Author Information ....................................................................................................... 24 
 
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Introduction 
From its headwaters in Colorado and Wyoming to its terminus in the Gulf of California, the Colorado 
River Basin covers more than 246,000 square miles.1 The river runs through seven U.S. states (Wyoming, 
Colorado, Utah, New Mexico, Arizona, Nevada, and California) and Mexico. Pursuant to federal law, the 
Bureau of Reclamation (Reclamation, part of the Department of the Interior [DOI]) plays a prominent role 
in the management of the basin’s waters. In the Lower Basin (i.e., Arizona, Nevada, and California), 
Reclamation also serves as water master on behalf of the Secretary of the Interior, a role that elevates the 
status of the federal government in basin water management.2 The federal role in the management of 
Colorado River water is magnified by the multiple federal y owned and operated water storage and 
conveyance facilities in the basin, which provide low-cost water and hydropower supplies to water users.  
Colorado River water is used primarily for agricultural irrigation and municipal and industrial (M&I) 
purposes. The river’s flow and stored water also are important for power production, fish and wildlife, 
and recreation, among other uses. A majority (70%) of basin water supplies are used to irrigate 5.5 mil ion 
acres of land; basin waters also provide M&I water supplies to nearly 40 mil ion  people.3 Much of the 
area that depends on the river for water supplies is outside of the drainage area for the Colorado River 
Basin. Storage and conveyance facilities on the Colorado River provide trans-basin diversions that serve 
areas such as Cheyenne, WY; multiple cities in Colorado’s Front Range (e.g., Fort Collins, Denver, 
Boulder, and Colorado Springs, CO); Provo, UT; Albuquerque and Santa Fe, NM; and Los Angeles, San 
Diego, and the Imperial Val ey  in Southern California (Figure 1). Colorado River hydropower facilities 
can provide up to 42 gigawatts of electrical power per year. The river also provides habitat for a wide 
range of species, including several federal y endangered species. It flows through 7 national wildlife 
refuges and 11 National Park Service (NPS) units; these and other areas of the river support important 
recreational opportunities. 
Precipitation and runoff in the basin are highly variable. Water conditions on the river depend largely on 
snowmelt in the basin’s northern areas. Observed data (1906-2018) show that natural flows in the 
Colorado River Basin in the 20th century averaged about 14.8 mil ion acre-feet (MAF) annual y.4 Flows 
have dipped significantly during the current drought, which dates to 2000; natural flows from 2000 to 
2018 averaged approximately 12.4 MAF per year.5 Reclamation has estimated that the 19-year period 
from 2000 to 2018 was the driest period in more than 100 years of record keeping.6 The dry conditions 
are consistent with prior droughts in the basin that were identified through tree ring studies; some of these 
                                              
1 J. C. Kammerer, “Largest Rivers in the United States,” USGS  Fact Sheet, May 1990, at https://pubs.usgs.gov/of/1987/ofr87-
242/pdf/ofr87242.pdf. 
2 As discussed  in the below section, “ T he Law of the River: Foundational Documents and Programs,” the Boulder Canyon 
Project Act of 1928 made the Secretary of the Interior responsible for the distribution (via contract) of all Colorado River water 
delivered  below  Hoover Dam, and authorized such  regulations as necessary to enter into these contracts. Subsequent court 
decisions  confirmed the Secretary’s power to apportion surpluses and shortages among and within Lower Basin  states. 
3 U.S.  Bureau  of Reclamation, Colorado River Basin Water  Supply and Demand Study, p. 4, December 2012, at 
https://www.usbr.gov/lc/region/programs/crbstudy/finalreport/index.html. Hereinafter “ Reclamation 2012 Supply/Demand 
Study.” 
4 Department of the Interior, Open Water Data Initiative, Drought in the Colorado River Basin, accessed  November 1, 2018, at 
https://www.doi.gov/water/owdi.cr.drought/en/#SupplyDemand. 
5 U.S.  Bureau  of Reclamation, Lower Colorado Region,  “Colorado River Basin Natural Flow  and Salt Data-Current Natural Flow 
Data 1906-2016,” at http://www.usbr.gov/lc/region/g4000/NaturalFlow/current.html. Provisional natural flow measurements for 
2017 and 2018 by U.S.  Bureau  of Reclamation, Lower Colorado River Operations, at https://www.usbr.gov/lc/region/g4000/
riverops/model-info.html. Documentation for the natural flow calculation methods is  available at http://www.usbr.gov/lc/region/
g4000/NaturalFlow/NaturalFlowAndSaltComptMethodsNov05.pdf. Hereinafter “ Bureau of Reclamation Flow Data, 1906-2018.” 
6 U.S.  Bureau  of Reclamation, Annual Operating Plan for Colorado River Reservoirs,  2019, September 10, 2018, p. 8.  
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droughts lasted for decades.7 Climate change impacts, including warmer temperatures and altered 
precipitation patterns, may further increase the likelihood of prolonged drought in the basin. 
Pursuant to the multiple compacts, federal laws, court decisions and decrees, contracts, and regulatory 
guidelines governing Colorado River operations (collectively known as the Law of the River), Congress 
and the federal government play a prominent role in the management of the Colorado River. Specifical y, 
Congress funds and oversees Reclamation’s management of Colorado River Basin facilities, including 
facility operations and programs to protect and restore endangered species. Congress has also approved 
and continues to actively consider Indian water rights settlements involving Colorado River waters, and 
development of new and expanded water storage in the basin. In addition, Congress has approved funding 
to mitigate drought and stretch basin water supplies and has considered new authorities for Reclamation 
to combat drought and enter into agreements with states and Colorado River contractors. 
This report provides background on management of the Colorado River, with a focus on recent 
developments. It also discusses the congressional role in the management of basin waters.  
                                              
7 For additional discussion  on historic drought in the Colorado River, see CRS  Report R43407, Drought in the United States: 
Causes and Current Understanding, by Peter Folger. 
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Figure 1. Colorado River Basin and Areas That Import Colorado River Water 
 
Source: Bureau of Reclamation, Colorado  River Basin Water  Supply and Demand  Study,  2012. 
The Law of the River: 
Foundational Documents and Programs 
In the latter part of the 19th century, interested parties in the Colorado River Basin began to recognize that 
local interests alone could not solve the chal enges associated with development of the Colorado River. 
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Plans conceived by parties in California’s Imperial Val ey  to divert water from the mainstream of the 
Colorado River were thwarted because these proposals were subject to the sovereignty of both the United 
States and Mexico.8 The river also presented engineering chal enges, such as deep canyons and erratic 
water flows, and economic hurdles that prevented local or state groups from building the necessary 
storage facilities and canals to provide an adequate water supply. Because local or state groups could not 
resolve these “national problems,” Congress considered ideas to control the Colorado River and resolve 
potential conflicts between the states.9 Thus, in an effort to resolve these conflicts and prevent litigation, 
Congress gave its consent for the states and Reclamation to enter into an agreement to apportion Colorado 
River water supplies in 1921.10 
The below sections discuss the resulting agreement, the Colorado River Compact, and other documents 
and agreements that form the basis of the Law of the River, which governs Colorado River operations.11 
Colorado River Compact 
The Colorado River Compact of 1922, negotiated by the seven basin states and the federal government, 
was signed by al  but one basin state (Arizona).12 Under the compact, the states established a framework 
to apportion the water supplies between the Upper Basin and the Lower Basin, with the dividing line 
between the two basins at Lee Ferry, AZ,13 near the Utah border.14 Each basin was apportioned 7.5 MAF 
annual y for beneficial consumptive use, and the Lower Basin was given the right to increase its 
beneficial consumptive use by an additional 1 MAF annual y.15 The agreement also required Upper Basin 
states to deliver to the Lower Basin a total of 75 MAF over each 10-year period, thus al owing for 
averaging over time to make up for low-flow years.16 The compact did not address inter- or intrastate 
al ocations of water (which it left to future agreements and legislation), nor did it address water to be 
made available  to Mexico, the river’s natural terminus; this matter was addressed in subsequent 
international agreements. The compact was not to become binding until it had been approved by the 
legislatures of each of the signatory states and by Congress. 
                                              
8 Arizona v. California, 373 U.S.  546 (1963). Hereinafter “ Arizona v. California.”  
9 S.  Doc. No. 67-142 (1922). For example, the states in the Upper Basin (Colorado, Wyoming, Utah, and New  Mexico), where 
the majority of the river’s runoff originates, feared that a storage facility making water available downstream might form a  basis 
for claims by Lower Basin  states (California, Arizona, and Nevada) under  prior appropriation doctrine before Upper Basin states 
could  develop means to access their share. 
10 Ch. 72, 42 Stat. 171 (1921). In lieu of litigation, interstate compacts have historically been a preferred means of allocating 
water among competing uses.  Pursuant to the U.S. Constitution, Article I, Section 10, Clause 3, no such compacts can be enter ed 
into without the consent of Congress.  
11 T he Law of the River  is the commonly used shorthand for the multiple compacts, federal laws, court decisions  and decrees, 
contracts, and regulatory guidelines  collectively known under  this heading.  
12 Because  the Colorado River Compact of 1922 did not specify the apportionments for individual states, Arizona initially refused 
to sign and ratify the agreement  out of concern that rapidly growing California would  lay claim to most of the Lower Basin ’s 
share of water. Arizona eventually signed  and ratified the compact in 1944. See below  section on “ Arizona Ratification and 
Arizona v. California Decision.” 
13 Although the compact names the point as “Lee Ferry,” it is also commonly referred to as “Lees Ferry,” or “Lees Ferry.” 
14 Arizona receives water under  both the Upper and the Lower Basin apportionments, since parts of the state are in both basins.  
15 No such  increase has been executed. 
16 As a result, in some years in which Upper Basin inflows  are less than 7.5 MAF, less  than 7.5 MAF may be  available to Lower 
Basin states.  
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Boulder Canyon Project Act 
Congress approved and modified the Colorado River Compact in the Boulder Canyon Project Act (BCPA) 
of 1928.17 The act ratified the 1922 compact, authorized the construction of a federal facility to impound 
water in the Lower Basin (Boulder Dam, later renamed Hoover Dam) and related facilities to deliver 
water in Southern California (e.g., the Al -American Canal, which delivers Colorado River water to 
California’s Imperial Val ey), and apportioned the Lower Basin’s 7.5 MAF per year among the three 
Lower Basin states. It provided 4.4 MAF per year to California, 2.8 MAF to Arizona, and 300,000 acre-
feet (AF) to Nevada, with the states to divide any surplus waters among them. It also directed the 
Secretary of the Interior to serve as the sole contracting authority for Colorado River water use in the 
Lower Basin and authorized several storage projects for study in the Upper Basin.  
Congress’s approval of the compact in the BCPA was conditioned on a number of factors, including 
ratification by California and five other states (thereby al owing the compact to become effective without 
Arizona’s concurrence), and California agreeing by act of its legislature to limit  its water use to 4.4 MAF 
per year and not more than half of any surplus waters. California met this requirement by passing the 
California Limitation Act of March 4, 1929.18 
Arizona Ratification and Arizona v. California Decision 
Arizona did not ratify the Colorado River Compact until 1944, at which time the state began to pursue a 
federal project to bring Colorado River water to its primary population centers in Phoenix and Tucson. 
California opposed the project, arguing that under the doctrine of prior appropriation,19 California’s 
historical use of the river trumped Arizona’s rights to the Arizona  al otment.20 California also argued that 
Colorado River apportionments under the BCPA included water developed on Colorado River tributaries, 
whereas Arizona claimed, among other things, that these apportionments included the river’s mainstream 
waters only.  
In 1952, Arizona filed suit in the U.S. Supreme Court to settle the issue. Eleven years later, in the 1963 
Arizona v. California decision,21 the Supreme Court ruled in favor of Arizona, finding that Congress had 
intended to apportion the mainstream of the Colorado River and that California and Arizona  each would 
receive one-half of surplus flows.22 The same Supreme Court decision held that Section 5 of the BCPA 
controlled the apportionment of waters among Lower Basin States, and that the BCPA (and not the law of 
prior appropriation) controlled the apportionment of water among Lower Basin states.23 The ruling was 
notable for its directive to forgo traditional Reclamation deference to state law under the Reclamation Act 
of 1902, and formed the basis for the Secretary of the Interior’s unique role as water master for the Lower 
                                              
17 Boulder  Canyon Project Act (BCPA), Ch. 42, 45 Stat. 1057 (1928), codified as amended at 43 U.S.C.  617 . 
18 T he Department of the Interior also requested that California prioritize its Colorado River rights among users  before the 
Colorado River Compact became effective; the state established priority among these users for water in both “normal” and 
“surplus” years in the California Seven-Party Agreement, signed in August  1931.  
19 Historically, water in the western United States has been governed by some form of the rule of prior appropriation. Under this 
rule, the party that first appropriates water and puts it to beneficial use thereby acquires a vested right to continue to divert and 
use  that quantity of water against claimants junior in time. 
20 Under the BCPA, Arizona and California also were to divide  any excess, or surplus,  supplies  (i.e., amounts exceeding the 7.5 
MAF basic  apportionment). What was meant by the term surplus—and how  much water California could claim under  this 
authority—was significant to the arguments in the case. 
21 Arizona v. California, 373 U.S.  546 (1963). 
22 Id. at 546, 573. 
23 Id. at 585-586. T his decision gave the Secretary the power to apportion surpluses and shortages among and within Lower Basin 
states.  
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Basin.24 The decision also held that Native American reservations on the Colorado River were entitled to 
priority under the BCPA.25 Later decrees by the Supreme Court in 1964 and 1979 supplemented the 1963 
decision.26 
Following the Arizona v. California decision, Congress eventual y authorized Arizona’s conveyance 
project for Colorado River water, the Central Arizona Project (CAP), in the Colorado River Basin Project 
Act of 1968 (CRBPA).27 As a condition for California’s support of the project, Arizona agreed that, in the 
event of shortage conditions, California’s 4.4 MAF has priority over CAP water supplies. 
1944 U.S.-Mexico Water Treaty28 
In 1944, the United States signed a water treaty with Mexico (1944 U.S.-Mexico Water Treaty) to guide 
how the two countries share the waters of the Colorado River and the Rio Grande. The treaty established 
water al ocations for the two countries and created a governance framework (the International Boundary 
and Water Commission) to resolve disputes arising from the treaty’s execution.29 The treaty requires the 
United States to provide Mexico with 1.5 MAF of water annual y, plus an additional 200,000 AF when a 
surplus is declared. During drought, the United States may reduce deliveries to Mexico in similar 
proportion to reductions of U.S. consumptive uses. The treaty has been supplemented by additional 
agreements between the United States and Mexico, known as minutes.30 
Upper Basin Compact and Colorado River Storage Project Authorizations 
Projects original y authorized for study in the Upper Basin under BCPA were not al owed to move 
forward until the Upper Basin states determined their individual  water al ocations, which they did under 
the Upper Colorado River Basin Compact of 1948. The Upper Basin Compact established Colorado 
(where the largest share of runoff to the river originates) as the largest entitlement holder in the Upper 
Basin, with rights to 51.75% of any Upper Basin flows after Colorado River Compact obligations to the 
Lower Basin have been met. Other states also received percentage-based al ocations, including Wyoming 
(14%), New Mexico (11.25%), and Utah (23%). Arizona was al ocated 50,000 AF in addition to its Lower 
                                              
24 Pursuant to Section 8 of the Reclamation Act of 1902 (32 Stat. 388), Reclamation is not to interfere with state laws, “relat ing to 
the control, appropriation, use, or distribution of water used  in irrigation” and that “the Secretary of the Interior, in car rying out 
provisions of the Act, shall proceed in conformance with such laws.” 
25 Indian reserved water rights were first recognized by the Supreme  Court in Winters  v. United States in 1908. Winters  v. United 
States, 207 U.S.  564, 575-77 (1908). Under the Winters doctrine, when Congress reserves land (i.e., for an Indian reservation), it 
implicitly reserves water sufficient to fulfill the purpose of the reservation. Because the establishment of Indian reservations (and, 
therefore, of Indian water rights) generally predated large-scale  development of water resources for non -Indian users, the water 
rights of tribes often are senior to those of non-Indian water rights. For more information on the resulting settlements, see below 
section on “ T ribal Water Rights” and CRS  Report R44148, Indian Water Rights Settlements, by Charles V.  Stern. 
26 Arizona v. California, 376 U.S.  340, 341 (1964). T he 1964 decree determined, among other things, that all water in the 
mainstream of the Colorado River below  Lee Ferry and within the United States would  be “ water controlled by the United 
States” and that the Secretary would release water under only three types of designations for a year: “normal, surplus, and 
shortage.” T he 1979 supplemental decree det ermined the present perfected rights of various parties in the Lower Basin. 
27 Colorado River Basin  Project Act of 1968, P.L. 90-537. 
28 For more information on the 1994 U.S.-Mexico Water T reaty and Colorado River water sharing issues  with Mexico, see CRS 
Report R45430, Sharing the Colorado River and the Rio Grande: Cooperation and Conflict with Mexico , by Nicole T . Carter, 
Stephen P. Mulligan,  and Charles V.  Stern. 
29 T reaty Between the United States of America and Mexico Respecting Utilization of W aters of the Colorado and T ijuana Rivers 
and of the Rio Grande,  U.S.-Mex., February  3, 1944, 59 State. 1219, at https://www.ibwc.gov/T reaties_Minutes/treaties.html. 
T he United States ratified the treaty on November 1, 1945, and Mexico ratified it on October 16, 1945. It became effective on  
November 8, 1945. 
30 T he complete list of minutes is available at https://www.ibwc.gov/T reaties_Minutes/Minutes.html. For more information on 
recent minutes, see below  section, “ Minute 319 and Minute 323 Agreements with Mexico.” 
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Basin apportionment, in recognition of the smal  portion of the state in the Upper Basin. Basin al ocations 
by state following approval of the Upper Basin Compact (i.e., the al ocations that general y guide current 
water deliveries) are shown below in Figure 2. The Upper Basin Compact also established the Upper 
Colorado River Commission, which coordinates operations and positions among Upper Basin states 
Figure 2. Colorado River Basin Allocations 
percentages of overal  al ocation and mil ion acre-feet (MAF) 
 
Source: Figure by the Congressional  Research Service  (CRS), using data from USGS,  ESRI Data & Maps, 2017, Central 
Arizona Project, and ESRI World  Shaded Relief  Map. 
Notes: Although both the Upper and Lower  Basins were  al ocated 7.5 MAF, there was uncertainty about how much 
water would remain in the Upper Basin after Colorado River Compact obligations to Lower  Basin states were fulfil ed. 
Therefore,  outside of 50,000 AF provided annual y to Arizona, the Upper Basin Compact provides its apportionments in 
terms  of percentage of the overal   Upper Basin al ocation.  
Subsequent federal legislation paved the way for development of Upper Basin al ocations. The Colorado 
River Storage Project (CRSP) Act of 1956 authorized storage reservoirs and dams in the Upper Basin, 
including the Glen Canyon, Flaming Gorge, Navajo, and Curecanti Dams. The act also established the 
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Upper Colorado River Basin Fund, which receives revenues collected in connection with the projects, to 
be made available  for defraying the project’s costs of operation, maintenance, and emergency 
expenditures. 
In addition to the aforementioned authorization of CAP in Arizona, the 1968 CRBPA amended CRSP to 
authorize several additional Upper Basin projects (e.g., the Animas La Plata and Central Utah projects) as 
CRSP participating projects. It also directed that the Secretary of the Interior propose operational criteria 
for Colorado River Storage Project units (including the releases of water from Lake Powel ) that prioritize 
(1) Treaty Obligations to Mexico, (2) the Colorado River Compact requirement for the Upper Basin to 
deliver 75 MAF to Lower Basin states over any 10-year period, and (3) carryover storage to meet these 
needs. The CRBPA also established the Upper Colorado River Basin Fund and the Lower Colorado River 
Basin Development Fund, both of which were authorized to utilize revenues from power generation from 
relevant Upper and Lower Basin facilities to fund certain expenses in the sub-basins.31 
Water Storage and Operations 
Due to the basin’s large water storage projects, basin water users are able to store as much as 60 MAF, or 
about four times the Colorado River’s annual flows. Thus, storage and operations in the basin receive 
considerable attention, particularly at the basin’s two largest dams and their storage reservoirs: Glen 
Canyon Dam/Lake Powel  in the Upper Basin (26.2 MAF of storage capacity) and Hoover Dam/Lake 
Mead in the Lower Basin (26.1 MAF). The status of these projects is of interest to basin stakeholders and 
observers and is monitored closely by Reclamation.  
Glen Canyon Dam, completed in 1963, serves as the linchpin for Upper Basin storage and regulates flows 
from the Upper Basin  to the Lower Basin, pursuant to the Colorado River Compact. It also generates 
approximately 5 bil ion  kilowatt hours (KWh) of electricity per year, which the Western Area Power 
Administration  (WAPA) supplies to 5.8 mil ion customers in Upper Basin States.32 Other significant 
storage in the Upper Basin  includes the initial  “units” of the CRSP: the Aspinal   Unit  in Colorado 
(including Blue Mesa, Crystal, and Morrow Point dams on the Gunnison River, with combined storage 
capacity of more than 1 MAF),33 the Flaming Gorge Unit in Utah (including Flaming Gorge Dam on the 
Green River, with a capacity of 3.78 MAF), and the Navajo Unit in New Mexico (including Navajo Dam 
on the San Juan River, with a capacity of 1 MAF). The Upper Basin is also home to 16 “participating” 
projects which are authorized to use water for irrigation, municipal and industrial uses, and other 
purposes.34 
In the Lower Basin, Hoover Dam, completed in 1936, provides the majority of the Lower Basin’s storage 
and generates about 4.2 bil ion  KWh of electricity per year for customers in California, Arizona, and 
Nevada.35 Also important for Lower Basin Operations are Davis Dam/Lake Mohave, which regulates 
flows to Mexico under the 1944 Treaty, and Parker Dam/Lake Havasu, which impounds water for 
                                              
31 Basin-wide  operational commitments on the Colorado River were established  in the 1970 Criteria for Coordinated Long-Range 
Operation of Colorado River Reservoirs, which  coordinat ed the operation of reservoirs in the Upper and Lower Basins,  including 
releases from Lake Powell and  Lake Mead. T hese operating instructions have been modified by more recent operational 
agreements intended to mitigate the effects of long-term drought. 
32 Bureau  of Reclamation, Upper Colorado Region,  “ Glen Canyon Unit,” accessed  February 21, 2019, https://www.usbr.gov/uc/
rm/crsp/gc/. 
33 T he Curecanti Unit was  renamed the Aspinall Unit in 1980 in h onor of U.S. Representative Wayne N. Aspinall of Colorado. 
34 In total, 16 of the 22 Upper Basin projects authorized as part of CRSP  have been developed. (Of the six remaining projects, 
five were  determined by Reclamation to be infeasible, and  one project —the Pine River Extension Project—had its authorization 
deleted by Congress.)  For a complete list of projects, see https://www.usbr.gov/uc/rm/crsp/index.html. 
35 Bureau  of Reclamation, “Hoover Dam Frequently Asked Questions and Answers,”  accessed  February  21, 2019, Bureau of 
Reclamation, Upper Colorado Region, Glen Canyon Unit, accessed  February  21, 2019, https://www.usbr.gov/uc/rm/crsp/gc/. 
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diversion into the Colorado River Aqueduct (thereby al owing for deliveries  to urban areas in southern 
California) and CAP (al owing for diversion to users in Arizona). Further downstream on the 
Arizona/California  border, Imperial Dam (a diversion dam) diverts Colorado River water to the Al -
American Canal for use in California’s Imperial and Coachel a Val eys. 
Annual Operations 
Reclamation monitors Colorado River reservoir levels and projects them 24 months into the future in 
monthly studies (cal ed 24-month studies). The studies take into account forecasted hydrology, reservoir 
operations, and diversion and consumptive use schedules to model a single scenario of reservoir 
conditions. The studies inform operating decisions by Reclamation looking one to two years into the 
future. They express water storage conditions at Lake Mead and Lake Powel  in terms of elevation, as feet 
(ft) above mean sea level. 
In addition to the 24-month studies, the CRBPA requires the Secretary to transmit to Congress and the 
governors of the basin states, by January 1 of each year, a report describing the actual operation for the 
preceding water year and the projected operation for the coming year. This report is commonly referred to 
as the annual operating plan (AOP). The AOP’s projected January 1 water conditions for the upcoming 
calendar year establish a baseline for future annual operations.36 
Since the adoption of new operational guidelines by Reclamation and basin states in 2007 (see below 
section, “2007 Interim Guidelines”), operations of the Hoover and Glen Canyon Dams have been tied to 
specific pool elevations at Lake Mead and Lake Powel . For Lake Mead, the first level of shortage (a 
“Tier One” Shortage Condition) in the original 2007 guidelines, under which Arizona and Nevada’s 
al ocations are decreased, would be triggered if Lake Mead were to fal  below 1,075 ft. Subsequently, a 
new “Tier Zero” that includes curtailments for Nevada and Arizona  at lake elevations up to 1,090 ft was 
added pursuant to the 2019 Drought Contingency Plan for the Lower Colorado River Basin.37 (See below 
section, “2019 Drought Contingency Plans.”) For Lake Powel , releases under tiered operations are based 
on storage levels in both Lake Powel  and Lake Mead.38 
Recent reductions in water consumption and deliveries, coupled with marginal improvements in 
hydrology in some years, have decreased the likelihood of major delivery curtailments (i.e., a Tier One or 
greater shortage) in the immediate future.39 As of August 2020, Reclamation predicted that over the 
upcoming 24 months, Lake Mead’s elevation was likely to remain above 1,075 ft (approximately 9.6 
MAF of storage) but below 1,090 ft (i.e., in Tier Zero), and Lake Powel ’s elevation would remain at or 
near current levels (i.e., the Upper Elevation Balancing Tier).40 In its August 2020 study, Reclamation 
projected a 23% chance of additional curtailments (beyond Tier Zero) through 2022 and a 49% chance of 
additional cutbacks by 2024, depending on the hydrology assumed.41 This is an improvement from early 
2019, when Reclamation projected a 69% chance of a shortage condition by the end of 2020.42 
                                              
36 Current and historical AOPs are available at https://www.usbr.gov/uc/water/rsvrs/ops/aop/. 
37 Curtailed deliveries  to Mexico at the same reservoir levels were  also included  under  a separate agreement. See  below  section, 
“Minute 319 and Minute 323 Agreements with Mexico.” 
38 Unlike Lake Mead, specific delivery curtailments to states based on lake levels have not been adopted for Lake Powell.  
39 As discussed  later in this report, under current guidelines,  delivery curtailments under T ier One would  be  approximately 2.5 
times greater than those under T ier Zero. 
40 Bureau  of Reclamation, Draft Annual Operating Plan for Colorado River Reservoirs,  2021 , August  2020. 
41 Bureau  of Reclamation, Percent of Traces  with Event or System Condition. Results from August 20 20, accessed September 25, 
2020, at https://www.usbr.gov/lc/region/g4000/riverops/crss-5year-projections.html. Hereinafter, “ 2020 Colorado River 
Modeling.” 
42 Bureau  of Reclamation, Colorado River System 5-Year Projected Future Conditions, accessed  November 1, 2018, at 
https://www.usbr.gov/lc/region/g4000/riverops/crss-5year-projections.html. 
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Figure 3. Lake Powell and Lake Mead Elevations and Operational Tiers 
as of fal  2020 
 
Source: Figure by CRS, based on Bureau of Reclamation data and information  in the 2007 Interim Guidelines  and the 
2019 Drought Contingency Plan for the Lower  Basin. 
Notes: Depicts January 1 elevations for each year. Pursuant to the 2019 Lower Basin  Drought Contingency Plan, 
California would begin to curtail its deliveries  at Tier 2b (i.e.,  200,000 AF), with curtailments increasing by 50,000 AF for 
each five feet reduction of Lake  Mead elevation until Tier 3 is reached. Pursuant to the Binational Water Scarcity 
Contingency Plan, Mexico would also curtail its deliveries  by increasing amounts under Tier 2b. For more  information on 
delivery  curtailments,  see Table 2. 
Mitigating the Environmental Effects of Colorado River 
Basin Development 
Construction of most of the Colorado River’s water supply infrastructure predated major federal 
environmental protection statutes, such as the National Environmental Policy Act (NEPA; 42 U.S.C. 
§§4321 et seq.) and the Endangered Species Act (ESA; 87 Stat. 884, 16 U.S.C. §§1531-1544). Thus, 
many of the environmental impacts associated with the development of basin resources were not 
original y  taken into account. Over time, multiple efforts have been initiated to mitigate these effects. 
Some of the highest-profile efforts have been associated with water quality (in particular, salinity control) 
and the effects of facility operations on endangered species. 
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Salinity Control 
Salinity and water quality are long-standing issues in the Colorado River Basin. Parts of the Upper Basin 
are covered by salt-bearing shale (which increases salt content in water inflows), and salinity content 
increases as the river flows downstream due to both natural leaching and return flows from agricultural 
irrigation. The 1944 U.S.-Mexico Water Treaty did not set water quality or salinity standards in the 
Colorado River Basin. However, after years of dispute between the United States and Mexico regarding 
the salinity of the water reaching Mexico’s border, the two countries reached an agreement on August 30, 
1973, with the signing of Minute 242 of the International Boundary and Water Commission.43 The 
agreement guarantees Mexico that the average salinity of its treaty deliveries wil  be no more than 115 
parts per mil ion higher than the salt content of the water diverted to the Al -American Canal at Imperial 
Dam in Southern California. To control the salinity of Colorado River water in accordance with this 
agreement, Congress passed the Colorado River Basin Salinity  Control Act of 1974 (P.L. 93-320), which 
authorized desalting and salinity control facilities to improve Colorado River water quality. The most 
prominent of these facilities is the Yuma Desalting Plant, which was largely completed in 1992 but has 
never operated at capacity.44 In 1974, the seven basin states also established water quality standards for 
salinity through the Colorado River Basin Salinity Control Forum.45 
Endangered Species Efforts and Habitat Improvements 
Congress enacted the ESA in 1973.46 As basin species became listed in accordance with the act,47 federal 
agencies and nonfederal stakeholders consulted with the U.S. Fish and Wildlife Service (FWS) to address 
the conservation of the listed species. As a result of these consultations, several major programs have been 
developed to protect and restore fish species on the Colorado River and its tributaries. Summaries of some 
of the key programs are below. 
Upper Colorado Endangered Fish Recovery Program 
The Upper Colorado Endangered Fish Recovery Program was established in 1988 to assist in the recovery 
of four species of endangered fish in the Upper Colorado River Basin.48 Congress authorized this program 
in P.L. 106-392. The program is implemented through several stakeholders under a cooperative agreement 
signed by the governors of Colorado, Utah, and Wyoming; DOI; and the Administrator of WAPA. The 
recovery goals of the program are to reduce threats to species and improve their status so they are 
                                              
43 See  International Boundary and Water Commission, Minute 242, Permanent and Definitive Solution to the International 
Problem  of the Salinity of the Colorado River, August  30, 1973, at https://www.ibwc.gov/T reaties_Minutes/Minutes.html. 
44 T he Yuma Desalting Plant’s limited operations have been due  in part to the cost of its operations (desalination can require 
considerable  electricity to operate) and surplus flows  in the Colorado River  during  some years compared to what was  expected. 
In lieu  of operating the plant, high-salinity irrigation water has been separated from the United States’ required  deliveries to 
Mexico and disposed  of through a canal that enters Mexico and discharges  into  wetlands called the Ciénega  de Santa Clara, near 
the Gulf  of California. Whether and how the plant should be operated, and how the impacts on the Ciénega de Santa Clara from 
the untreated irrigation runoff should be managed, remain topics of some debate in the basin and between Mexico and the United 
States. 
45 Additional information about the forum and related salinity control efforts is available at Colorado River Basin, Salinity 
Control Forum, at https://www.coloradoriversalinity.org/. 
46 For more information on the ESA, see CRS  Report RL31654, The Endangered Species Act: A Primer, by Pervaze A. Sheikh. 
47 Several endangered  species are throughout the Colorado River Basin. Some  are specifically found in the Colorado River, such 
as the Razorback sucker (Xyrauchen texanus), Bonytail chub (Gila elegans), Colorado pikeminnow (Ptychocheilus Lucius), and 
Humpback chub  (Gila cypha). 
48 For more information, see Upper Colorado River Endangered Fish Recovery Program at 
http://www.coloradoriverrecovery.org/.  
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eventual y delisted from the ESA. Some of the actions taken in the past include providing adequate 
instream flows for fish and their habitat, restoring habitat, reducing nonnative fish, augmenting fish 
populations with stocked fish, and conducting research and monitoring. Reclamation is the lead federal 
agency for the program and provides the majority of federal funds for implementation. It is also funded 
through a portion of Upper Basin hydropower revenues from WAPA; FWS; the states of Colorado, 
Wyoming, and Utah; and water users, among others.  
San Juan River Basin Recovery Implementation Program 
The San Juan River Basin Recovery Implementation Program was established in 1992 to assist in the 
recovery of ESA-listed fish species on the San Juan River, the Colorado’s largest tributary.49 The program 
is concerned with the recovery of the Razorback sucker (Xyrauchen texanus) and Colorado pikeminnow 
(Ptychocheilus Lucius). Congress authorized this program in P.L. 106-392 with the aim to protect the 
genetic integrity and population of listed species, conserve and restore habitat (including water quality), 
reduce nonnative species, and monitor species. The Recovery Program is coordinated by FWS. 
Reclamation is responsible for operating the Animas-La Plata Project and Navajo Dam on the San Juan 
River in a way that reduces effects on the fish populations. The program is funded by a portion of 
revenues from power generation, Reclamation, participating states, and the Bureau of Indian Affairs. 
Recovery efforts for listed fish are coordinated with the Upper Colorado River Program discussed above. 
Glen Canyon Dam Adaptive Management Program 
The Glen Canyon Dam Adaptive Management Program was established in 1997 in response to a directive 
from Congress under the Grand Canyon Protection Act of 1992 (P.L. 102-575) to operate Glen Canyon 
Dam “in such a manner as to protect, mitigate adverse impacts to, and improve the values for which 
Grand Canyon National Park and Glen Canyon National Recreation Area were established.”50 This 
program uses experiments to determine how water flows affect natural resources south of the dam. 
Reclamation is in charge of modifying flows for experiments, and the U.S. Geological Survey conducts 
monitoring and other studies to evaluate the effects of the flows. The results are expected to better inform 
managers how to provide water deliveries and conserve species. The majority of program funding comes 
from hydropower revenues generated at Glen Canyon Dam. 
Lower Colorado Multi-Species Conservation Program (MSCP) 
The MSCP is a multistakeholder initiative  to conserve 27 species (8 listed under ESA) along the Lower 
Colorado River while maintaining water and power supplies for farmers, tribes, industries, and urban 
residents.51 The MSCP began in 2005 and is planned to last for at least 50 years.52 The MSCP was created 
through consultation under ESA. To achieve compliance under ESA, federal entities involved in 
managing water supplies in the Lower Colorado River met with resource agencies from Arizona, 
California, and Nevada; Native American Tribes; environmental groups; and recreation interests to 
develop a program to conserve species along a portion of the Colorado River. A  biological  opinion (BiOp) 
issued by the FWS in 1997 served as a basis for the program. Modifications to the 1997 BiOp were made 
in 2002, and in 2005, the BiOp was renewed for 50 years. Nonfederal entities received an incidental take 
                                              
49 For more information, see San Juan River Basin Recovery Implementation Program at https://www.fws.gov/southwest/sjrip/.   
50 For more information, see Bureau of Reclamation, Glen Canyon Dam Adaptive Management Program, “Glen Canyon Dam 
High Flow  Experimental Release,” at https://www.usbr.gov/uc/rm/gcdHFE/. 
51 T he stakeholders include six federal and state agencies, six tribes, and  36 cities and water and power authorities. Stakeholders 
serve more than 20 million residents in the region, and irrigate two million acres of farmland. For more information, see Lower 
Colorado River Multi-Species  Conservation Program at https://www.lcrmscp.gov/. 
52 T he program was formally authorized by Congress  under Subtitle  E of T itle IX of P.L. 111-11. 
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permit under Section 10(a) of the ESA for their activities in 2005 and shortly thereafter implemented a 
habitat conservation plan. 
The objective of the MSCP is to create habitat for listed species, augment the populations of species listed 
under ESA, maintain current and future water diversions and power production, and abide by the 
incidental take authorizations for listed species under the ESA. The estimated total cost of the program 
over its lifetime  is approximately $626 mil ion  in 2003 dollars ($882 mil ion  in 2018 dollars) and is to be 
split evenly between Reclamation (50%) and the states of California, Nevada, and Arizona (who 
collectively fund the remaining 50%).53 The management and implementation of the MSCP is the 
responsibility of Reclamation, in consultation with a steering committee of stakeholders.  
Hydropower Revenues Funding Colorado River Basin Activities 
Hydropower revenues  finance a number of activities throughout the Colorado River Basin.  In the Lower  Basin, the 
Colorado River Dam fund uses power revenues generated by the Boulder  Canyon Project (i.e.,  Hoover Dam) to fund 
operational and construction costs  for related  Reclamation facilities.  A separate fund, the Lower Colorado  River Basin 
Development  Fund, col ects revenues  from the Central Arizona Project (CAP), as wel  as a surcharge on revenues from the 
Boulder Canyon and Parker-Davis  Projects that was enacted under the Hoover  Power Plant Act of 1984 (P.L. 98-381). 
These revenues are available without further appropriation toward defraying CAP operation and maintenance costs,  salinity 
control efforts, and funding for Indian water rights settlements  identified under the Arizona Water Settlements  Act of 2004 
(i.e.,  funding for water systems  of the Gila River Indian Community and the Tohono O’odham Nation, among others). In the 
Upper Basin, the Upper Colorado  River Basin Fund col ects revenues  from the initial units of the Colorado River Storage 
Project and funds operation and maintenance expenses, salinity control, the Glen Canyon Dam Adaptive Management 
Program,  and endangered fish studies on the Colorado and San Juan rivers,  among other things. 
Tribal Water Rights 
Twenty-two federal y recognized tribes in the Colorado River Basin have quantified water diversion 
rights that have been confirmed by court decree or final settlement. These tribes collectively possess 
rights to 2.9 MAF per year of Colorado River water.54 However, as of 2015, these tribes typical y were 
using just over half of their quantified rights.55 Additional y,  13 other basin tribes have reserved water 
rights claims that have yet to be resolved, although the total potential amount of these claims has not been 
estimated.56 Increased water use by tribes with existing water rights, and/or future settlement of claims 
and additional  consumptive use of basin waters by other tribes, is likely to exacerbate the competition for 
basin water resources.  
The potential for increased use of tribal water rights (which, once ratified, are counted toward state-
specific al ocations where the tribal reservation is located) has been studied in recent years. In 2014, 
Reclamation, working with a group of 10 tribes with significant reserved water rights claims on the 
Colorado River, initiated  a study known as the 10 Tribes Study.57 The study, published in 2018, estimated 
                                              
53 As of the end of 2018, more than $295 million had been spent on program implementation. Lower Colorado River Multi -
Species  Conservation Program, “ Funding,” https://www.lcrmscp.gov/steer_committee/funding.html. Accessed February  22, 
2019. 
54 Reclamation 2012 Supply/Demand Study,  T echnical Report C, App endix C9, p. C9-4. 
55 Colorado River Research Group,  Tribes and Water  in the Colorado River  Basin, June 2016, at 
https://www.coloradoriverresearchgroup.org/uploads/4/2/3/6/42362959/crrg_tribal_water_rights.pdf. According to this study, 
tribal consumptive use in 2015 (including  leasing of tribal water to non -tribal entities) totaled 1.7 MAF of the 2.9 MAF in 
diversion rights. 
56 Colorado River Research Group,  Tribes and Water  in the Colorado River  Basin, June 2016, at 
https://www.coloradoriverresearchgroup.org/uploads/4/2/3/6/42362959/crrg_tribal_water_rights.pdf. 
57 T he tribes are the Chemehuevi Indian T ribe, Cocopah Indian T ribe, Colorado River Indian T ribes, Fort Mojave Indian T ribe, 
Jicarilla Apache Nation, Navajo Nation, Quechan Indian T ribe, Southern Ute Indian T ribe, Ute Indian T ribe, and Ute Mountain 
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that, cumulatively, the 10 tribes in the study could have reserved water rights (including unresolved 
claims) to divert nearly 2.8 MAF per year.58 Of these water rights, approximately 2 MAF per year were 
confirmed by a court decree or final settlement and an additional 785,273 AF (mostly in the Upper Basin) 
remained unresolved.59 The report estimated that, overal , the 10 tribes are diverting (i.e., making use of) 
almost 1.5 MAF of their 2.8 MAF in resolved and unresolved claims. Table 1 shows these figures at the 
basin and sub-basin levels.60 According to the study, the majority of unresolved claims among the 10 
tribes are Upper Basin  claims associated with the Ute Tribe in Utah (370,370 AF per year), the Navajo 
Nation in Utah (314,926 AF), and the Navajo Nation in the Upper Basin in Arizona (77,049 AF). 
Table 1. 10 Tribes Study: Tribal Water Rights and Diversions 
values in terms of acre-feet per year 
Current  Use 
 
Reserved/Settled 
Unresolved Water 
Total Estimated 
 
Diversions 
Water Rights 
Rights 
Tribal Water Rights 
Upper Basin 
672,964 
 
1,060,781 
762,345 
1,823,125 
Lower  Basin 
800,392 
 
952,190 
22,928 
975,119 
Total Basin 
1,473,356 
 
2,012,971 
785,273 
2,798,244 
Source: U.S. Bureau of Reclamation, Colorado River  Ten Tribes Partnership,  Colorado River Basin Ten Tribes Partnership 
Tribal Water  Study, Study Report, December  2018. 
Note:  Unresolved water rights include claims for potential water rights that have yet to be resolved. 
Drought and the Supply/Demand Imbalance in the 
Colorado River Basin 
When the Colorado River Compact was original y approved, it was assumed based on the historical 
record that average annual flows on the river were 16.4 MAF per year.61 According to Reclamation data, 
from 1906 to 2018, observed natural flows on the river at Lee Ferry, AZ—the common point of 
measurement for observed basin flows—averaged 14.8 MAF annual y.62 Natural flows from 2000 to 2018 
(i.e., during the ongoing drought) averaged considerably less than that—12.4 MAF annual y.63 
Consumptive use and losses in the basin have grown and has regularly exceeded natural flows, in 
particular during the current drought.64 From 1971 to 2002, total consumptive use and losses grew from 
                                              
Ute T ribe. 
58 U.S.  Bureau  of Reclamation, Colorado River T en T ribes Partnership, Colorado River Basin Ten Tribes  Partnership Tribal 
Water  Study, Study  Report, December 2018, p. 5.11 -1, at https://www.usbr.gov/lc/region/programs/crbstudy/tws/finalreport.html. 
Hereinafter “T en Tribes Study, 2018.” 
59 T en T ribes Study,  2018, pp. 5.11-1-5.11-2. 
60 T en T ribes Study,  2018, p. 5.11-4. 
61 National Research Council,  Committee on the Scientific Bases of Colorado River Basin Water Management, Water Science 
and T echnology Board, Colorado River Basin Water  Managem ent: Evaluating and Adjusting to Hydroclim atic Variability, 2007, 
at https://www.nap.edu/read/11857/chapter/1. 
62 For dataset on natural flows  and more information, see Bureau of Reclamation, Lower Colorado River Operations, “General 
Modeling  Information,” at https://www.usbr.gov/lc/region/g4000/riverops/model-info.html.  
63 Bureau  of Reclamation Flow  Data, 1906-2018. 
64 “Consumptive Uses and Losses”  includes  reservoir evaporation and other consumptive use losses, which  average in excess of 2 
MAF per year. 
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13 MAF to over 16 MAF annual y.65 These levels dropped after the 2003 approval of the Quantitative 
Settlement Agreement (QSA) (see below section, “Recent Developments and Agreements”) and have 
ranged from 14-15.5 MAF since that time, in part due to decreasing consumptive use in the Lower 
Basin.66 The combined trends in natural flows and consumptive use/losses have caused a significant 
drawdown of basin storage levels. 
The current drought in the basin has included some of the lowest flows on record.67 Observers have 
pointed out that flows in some recent years have been lower than would be expected given the amount of 
precipitation that has occurred, and have noted that warmer temperatures appear to be a significant 
contributor to these diminished flows.68 Based on these and other observations, some have argued that 
Colorado River flows are unlikely to return to 20th century averages, and that future water supply risk is 
high.69 
A 2012 study by Reclamation projected a long-term imbalance in supply and demand in the Colorado 
River Basin.70 In the study, Reclamation noted that the basin had thus far avoided serious impacts on 
water supplies due to the significant storage within the system, coupled with the fact that some Upper 
Basin states have yet to fully develop the use of their al ocations.71 However, Reclamation projected that 
in the coming half century, flows would decrease by an average of 9% at Lee Ferry and drought would 
increase in frequency and duration.72 At the same time, Reclamation projected that demand for basin 
water supplies would increase, with annual consumptive use projected to rise from 15 MAF to 18.1-20.4 
MAF by 2050, depending on population growth.73 A range of 64%-76% of the growth in demand was 
expected to come from increased M&I demand.74 
Reclamation’s 2012 study also posited several potential ways to al eviate future shortages in the basin, 
such as alternative water supplies, demand management, drought action plans, water banking, and water 
transfer/markets. Some of these options already are being pursued. In particular, some states have become 
increasingly active in banking unused Colorado River surface water supplies, including through 
groundwater banks or storage of unused surface waters in Lake Mead. 
                                              
65 1971-2008 consumptive use data based  on data in Reclamation 2012 Supply/Demand Study , Technical Report C, p. C-6. 
Analysis of 2009-2015 Upper Basin consumptive use data by CRS,  based  on data in Provisional Bureau of Reclamation 
Consumptive Uses  and Losses Reports for 2006 -2010, 2011-2015, and 2016-2020. Analysis of 2009-2015 Lower Basin 
consumptive use data by CRS,  based  on Bureau  of Reclamation Colorado River  Water Accounting and Use  Reports for 2009 -
2015. Hereinafter, references to consumptive use data analysis based  on these four reports are referred to collectively as “CRS 
Analysis of Colorado River Consumptive Use Data.”  
66 Consumptive use in the Lower Basin has decreased  from totals in excess of 8.41 MAF in 2002 to a low  of 6.56 MAF in 2019. 
CRS  Analysis of Colorado River Consumptive Use Data. 
67 T he 2000-2018 period included the second, third, fourth, and fifth lowest years on record. 
68 Woodhouse, C.A., G.T . Pederson, and K. Horino, et al., “Increasing influence of air temperature on upper Colorado River 
streamflow,” Geophysical Research Letters,  vol. 43 (2016), pp. 2174-2181. 
69 Udall, B.  and J. Overpeck, “T he twenty-first century Colorado River hot drought and implications for the future,” Water 
Resources Research, vol. 53 (February 17, 2017), pp. 2404 -2418. 
70 Reclamation 2012 Supply/Demand Study.   
71 T his is largely due  to a lack of development in Wyoming (which uses  approximately 500,000 acre -feet of its 1 MAF in 
Colorado River supplies)  and Utah (which uses  approximately 800,000 acre -feet of its 1.7 MAF in supplies). 
72 Reclamation 2012 Supply/Demand Study,  p. 7. 
73 Reclamation 2012 Supply/Demand Study,  p. 8. Population growth in central Arizona and on the Fr ont Range of Colorado is 
expected to comprise the majority of basin population increases. 
74 Reclamation 2012 Supply/Demand Study,  Technical Report C, p. C-22. T he majority of this demand increase was  assumed  to 
come from Central Arizona and the Front Range in Colorado. 
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Recent Developments and Agreements 
Drought conditions throughout the basin have raised concerns about potential negative impacts on water 
supplies. Concerns center on uncertainty that might result if the Secretary of the Interior were to 
determine that a shortage condition exists in the Lower Basin, and that related curtailments were 
warranted. Some in Upper Basin States are also concerned about the potential for a compact call of Lower 
Basin states on Upper Basin states.75 Drought and other uncertainties related to water rights priorities 
(e.g., potential tribal water rights claims) spurred the development of several efforts that general y 
attempted to relieve pressure on basin water supplies, stabilize storage levels, and provide assurances of 
available  water supplies. Some of the most prominent developments since the year 2000 (i.e., the 
beginning of the current drought) are discussed below. 
2003 Quantitative Settlement Agreement 
Prior to the 2003 finalization  of the QSA, California had been using approximately 5.2 MAF of Colorado 
River on average each year (with most of its excess water use attributed to urban areas). Under the QSA, 
an agreement between several California water districts and DOI, California agreed to reduce its use to 
the required 4.4 MAF under the Law of the River.76 It sought to accomplish this aim by quantifying 
Colorado River entitlement levels of several water contractors; authorizing efforts to conserve additional 
water supplies (e.g., the lining of the Al -American  Canal); and providing for several large-scale, long-
term agriculture-to-urban water transfers. The QSA also committed the state to a path for restoration and 
mitigation related to the Salton Sea, a water body in Southern California that was historical y sustained by 
Colorado River irrigation runoff from the Imperial and Coachel a Val eys.77  
A related agreement between Reclamation and the Lower Basin states, the Inadvertent Overrun and 
Payback Policy (IOPP), went into effect concurrently with the QSA in 2004.78 IOPP is an administrative 
mechanism that provides an accounting of inadvertent overruns in consumptive use compared to the 
annual entitlements of water users in the Lower Basin. These overruns must be “paid back” in the 
calendar year following the overruns, and the paybacks must be made only from “extraordinary 
conservation measures” above and beyond normal consumptive use.79 
2004 Arizona Water Settlements Act 
The 2004 Arizona Water Settlements Act (P.L. 108-451, AWSA) significantly altered the al ocation of 
CAP water in Arizona and set the stage for some of the cutbacks in the state that are currently under 
discussion.80 It ratified three water rights settlements (one in each title) between the federal government 
and the State of Arizona, the Gila River Indian Community (GRIC), and the Tohono O’odham Nation, 
                                              
75 A compact call is the commonly used term for the Lower Basin states’ hypothetical attempt to force deliveries of Colorado 
River water under the Compact. For more background, see Castle, Anne and Fleck, John, “ T he Risk of Curtailment under the 
Colorado River Compact,” November 8, 2019, https://ssrn.com/abstract=3483654. 
76 California Quantification Settlement Agreement by and Among Imperial Irrigation District, the Metropolitan Water District of 
Southern California, and Coachella Valley Water District, October 10, 2003.  
77 For more information on the Salton Sea, see CRS  In Focus IF11104, Salton Sea Management and Restoration Efforts, by 
Pervaze A. Sheikh and Charles V.  Stern. 
78 Bureau  of Reclamation, Record of Decision for the Colorado River Water  Delivery  Agreement, October 10, 2003, pp 16-19. 
Hereinafter Reclamation, Colorado River Water  Delivery Agreem ent. 
79 Reclamation, Colorado River Water  Delivery Agreement.  
80 P.L. 108-451. 
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respectively.81 For the state and its CAP water users, the settlement resolved a final repayment cost for 
CAP by reducing the water users’ reimbursable repayment obligation from about $2.3 bil ion to $1.65 
bil ion. Additional y,  Arizona agreed to new tribal and non-tribal al ocations of CAP water so that 
approximately half of CAP’s annual al otment would be available  to Indian tribes in Arizona, at a higher 
priority than most other uses. The tribal communities were authorized to lease the water so long as the 
water remains within the state via the state’s water banking authority. The act also authorized funds to 
cover the cost of infrastructure required to deliver the water to the Indian communities, much of it derived 
from power receipts accruing to the Lower Colorado River Basin Development Fund.  
2007 Interim Guidelines/Coordinated Operations for Lake Powell and 
Lake Mead  
Another significant development in the basin was the 2007 adoption of the Colorado River Interim 
Guidelines for Lower Basin Shortages and the Coordinated Operations for Lake Powel  and Lake Mead 
(2007 Interim Guidelines). Development of the agreement began in 2005, when, in response to drought in 
the Southwest and the decline in basin water storage (and a record low point in Lake Powel  of 33% 
active capacity), the Secretary of the Interior instructed Reclamation to develop coordinated strategies for 
Colorado River reservoir operations during drought or shortages.82 The resulting guidelines included 
criteria for releases from Lakes Mead and Powel  determined by “trigger levels” in both reservoirs, as 
wel  as a schedule of Lower Basin curtailments at different operational tiers (Table 2). Under the 
guidelines, Arizona and Nevada, which have junior rights to California, would face reduced al ocations if 
Lake Mead elevations dropped below 1,075 ft. At the time, it was thought that the 2007 Guidelines would 
significantly reduce the risk of Lake Mead fal ing to 1,025 ft. 
The 2007 agreement also included for the first time a mechanism by which parties in the Lower Basin 
were able to store conserved water in Lake Mead, known as Intentional y Created Surplus (ICS). 
Reclamation accounts for this water annual y, and the users storing the water may access the surplus in 
future years, in accordance with the Law of the River. As of 2019, the portion of Lake Mead water in 
storage that was classified as ICS reached a new high of 2.312 MAF (Figure 4).83 
The 2007 guidelines are considered “interim” because they are scheduled to expire in 20 years (i.e., at the 
end of 2026). Thus, beginning in 2020, Reclamation is coordinating “reconsultation” on the 2007 
guidelines. These reconsultation efforts are to also encompass negotiations related to renewal of the 
Upper and Lower Basin Drought Contingency Plans, which are an overlay on the 2007 guidelines (see 
below section, “2019 Drought Contingency Plans”). 
                                              
81 Congress passed  the CRBPA  and authorized construction of CAP despite significant uncertainty related to tribal water rights 
related to the Colorado River. T he Gila River, Arizona’s largest tributary of the Colorado River, runs  directly through the Gila 
River Indian Community, which encompasses approximately 372,000 acres south of and adjacent to Phoenix. Additionally, the 
T ohono O’odham Nation possessed reserved water rights near T ucson with the potential to disrupt that city’s water supplies.  
82 Prior to this time, the Secretary of the Interior had the authority to declare a shortage, but no shortage criteria had been publicly 
announced or published.  (Criteria for surplus  operations were put in place in 2001.) 
83 Bureau  of Reclamation, Colorado River Accounting and Water Use Report, Calendar Year 2019, at https://www.usbr.gov/lc/
region/g4000/wtracct.html. 
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Management of the Colorado River: Water Allocations, Drought, and the Federal Role 
 
Figure 4. U.S. Lower Basin States: Intentionally Created Surplus Balance, 2010-2019 
 
Source: Figure by CRS, based on data from Bureau of Reclamation,  Colorado  River Accounting  and Water Use Report, 
Calendar  Years 2010-2019, at https://www.usbr.gov/lc/region/g4000/wtracct.html. 
Pilot System Conservation Program 
In 2014, Reclamation and several major basin water supply agencies (Central Arizona Water 
Conservation District, Southern Nevada Water Authority, Metropolitan Water District of Southern 
California, and Denver Water) executed a memorandum of understanding to provide funding for 
voluntary conservation projects and reductions of water use. These activities had the goal of developing 
new system water,84 to be applied toward storage in Lake Mead, by the end of 2019.85 Congress formal y 
authorized federal participation in these efforts in the Energy and Water Development and Related 
Agencies Appropriations Act, 2015 (P.L. 113-235, Division D), with an initial  sunset date for the authority 
                                              
84 System water refers to water that is provided to increase water supplies  as a whole, without being  directed toward additional 
consumptive use for specific contractors or water users. 
85 Agreement Among the United States of America, T hrough the Department of the Interior, Bureau of Reclamation, the Central 
Arizona Water Conservation District, the Metropolitan Water District of Southern California, Denver Water, and the Southern 
Nevada Water Authority, for a Pilot Program for Funding the Creation of Colorado River System Water T hrough Voluntary 
Water Conservation and Reductions in Use, Agreement No. 14-XX-30-W0574, July 30, 2014, at https://www.usbr.gov/lc/region/
programs/PilotSysConsProg/PilotSCPFundingAgreement7-30-2014.pdf. 
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at the end of FY2018.86 The Energy and Water Development and Related Agencies Appropriations Act, 
2019 (P.L. 115-244, Division A) extended the authority through the end of FY2022, with the stipulation 
that Upper Basin agreements could not proceed without the participation of the Upper Basin states 
through the Upper Colorado River Commission.87 As of September 2019, Reclamation estimated that the 
Lower Basin program had resulted in a total of 175,347 AF of system water conserved, at an average cost 
of $170.14 per AF.88 Additional  projects were also being carried out in the Upper Basin by the Upper 
Colorado River Basin Commission.89 
Minute 319 and Minute 323 Agreements with Mexico90 
In 2017, the United States and Mexico signed Minute 323, which extended and replaced elements of a 
previous agreement, Minute 319, signed in 2012.91 Minute 323 included, among other things, options for 
Mexico to hold water in reserve in U.S. reservoirs for emergencies and water conservation efforts, as wel  
as U.S. commitments for flows to support the ecological health of the Colorado River Delta. It also 
extended initial  Mexican cutback commitments made under Minute 319 (which were similar in structure 
to the 2007 cutbacks negotiated for Lower Basin states) and established a Binational  Water Scarcity 
Contingency Plan that included additional  cutbacks that would be triggered if drought contingency plans 
(DCPs) are approved by U.S. basin states (see following section, “2019 Drought Contingency Plans”). 
2019 Drought Contingency Plans 
Ongoing drought conditions and the potential for water supply shortages prompted discussions and 
negotiations focused on how to conserve additional basin water supplies. After several years of 
negotiations, on March 19, 2019, Reclamation and the Colorado River Basin states finalized DCPs for 
both the Upper Basin  and the Lower Basin. These plans required final authorization by Congress to be 
implemented. On April  16, 2019, Congress authorized the DCP agreements in the Colorado River 
Drought Contingency Plan Authorization Act (P.L. 116-14). The DCPs are an overlay of the 2007 Interim 
Guidelines discussed above, thus similar to the 2007 guidelines; they are scheduled to be in place through 
2026. Each of the basin-level DCPs is discussed below in more detail. 
Upper Basin Drought Contingency Plan 
The Upper Basin DCP aims to protect against Lake Powel  reaching critical y low elevations through 
coordinated Upper Basin reservoir operations; it also authorizes storage of conserved water in the Upper 
Basin that would serve as the foundation for a water use reduction effort (i.e., a “Demand Management 
Program”) that may be developed in the future.92 Under the Upper Basin DCP, the Upper Basin states 
agree to operate system units to keep the surface of Lake Powel  above 3,525 ft, which is 35 ft above the 
minimum elevation needed to run the dam’s hydroelectric plant. Other large Upper Basin reservoirs (e.g., 
                                              
86 P.L. 113-235, §206. 
87 P.L. 115-244, §205. 
88  Lower Colorado Region,  “Pilot System Conservation Program,” at https://www.usbr.gov/lc/region/programs/
PilotSysConsProg/pilotsystem.html. Accessed September 24, 2020. 
89 For more information, see http://www.ucrcommission.com/system-conservation-pilot-program/. 
90 For more information on the 1994 U.S.-Mexico Water T reaty and Colorado River water sharing issues  with Mexico, see CRS 
Report R45430, Sharing the Colorado River and the Rio Grande: Cooperation and Conflict with Mexico , by Nicole T . Carter, 
Stephen P. Mulligan,  and Charles V.  Stern. 
91 T he text of these minutes is available from the International Boundary and Water Commission at https://www.ibwc.gov/
T reaties_Minutes/Minutes.html. 
92 While such  a mechanism exists for the Lower Basin,  a comparable program has yet to be developed in the Upper Basin.  
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Navajo Reservoir, Blue Mesa Reservoir, and Flaming Gorge Reservoir) would be operated to protect the 
targeted Lake Powel  elevation, potential y  through drawdown of their own storage. If established by the 
states, an Upper Basin DCP Demand Management Program would likely  entail wil ing sel er/buyer 
agreements al owing for temporary paid reductions in water use that would provide for more storage 
volume in Lake Powel . 
Reclamation and other observers have stated their belief that these efforts wil  sdecrease the risk of Lake 
Powel ’s elevation fal ing  below 3,490 ft, an elevation at which significantly reduced hydropower 
generation is possible.93 
Lower Basin Drought Contingency Plan 
The Lower Basin DCP is designed to require Arizona, California, and Nevada to curtail deliveries and 
thereby contribute additional water to Lake Mead storage at predetermined “trigger” elevations. It is also 
designed to create additional flexibility  to incentivize voluntary conservation of water to be stored in Lake 
Mead, thereby increasing lake levels. Under the DCP, Nevada and Arizona (which were already set to 
have their supplies curtailed beginning at 1,075 ft under the 2007 Interim Guidelines) have committed to 
contributing additional supplies to maintain higher lake levels (i.e., beyond previous commitments). 
These reductions begin at 1,090 ft and would reach their maximums when reservoir levels drop below 
1,045 ft. At the same time, the Lower Basin DCP includes—for the first time—delivery cutbacks for 
California. These curtailments begin with a 200,000 AF delivery reduction at Lake Mead elevations of 
1,040-1,045 ft and would increase by 50,000 AF for each additional 5 foot drop in Lake Mead elevation, 
to as much as 350,000 AF at elevations of 1,025 ft or lower.  
The curtailments in the Lower Basin DCP are in addition to those agreed to under the 2007 Interim 
Guidelines and under Minute 323 with Mexico. Specific and cumulative reductions are shown in Table 2. 
In addition to the state-level reductions, under the Lower Basin DCP, Reclamation also agreed to pursue 
efforts to add 100,000 AF or more of “system water” within the basin. Some of the largest and most 
controversial reductions under the Lower Basin DCP were committed to by Arizona, where pursuant to 
previous changes under the 2004 AWSA, a large group of agricultural users face major cutbacks to their 
CAP water supplies. The Tier Zero Arizona curtailment of 192,000 AF at Tier Zero represents a 12% 
reduction in CAP water supplies. 
Reclamation has noted that the Lower Basin DCP significantly decreases the chance of Lake Mead 
elevations fal ing  below 1,020 ft, which would be a critical y low level.94 Some parties have pointed out 
that although the DCP is unlikely  to prevent a shortage from being declared at 1,075 ft, it would slow the 
rate at which the lake recedes thereafter.95 Combined with the commitments from Mexico, total planned 
cutbacks under shortage scenarios (i.e., al  commitments to date, combined) would reduce Lower Basin 
consumptive use by 241,000 AF to 1.375 MAF per year, depending on the curtailments triggered by Lake 
Mead’s elevation.96 
 
                                              
93 Bureau  of Reclamation, “Presentation to Congressional Staff on Draft Drought Contingency Plans,” October 16, 20 18. 
Hereinafter “2018 Reclamation DCP Presentation.” 
94 2018 Reclamation DCP Presentation. Currently, there are no agreed-upon curtailment levels governing operations below 1,020 
ft, thus that level represents an unknown and likely more severe level of curt ailment that would affect more users  than those 
affected under the 2007 guidelines. 
95 T om Buschatzke, Arizona Department of Water Resources Director, and T ed Cooke, Central Arizona Project General 
Manager, “ T he DCP Makes CO River Delivery Shortfalls Less  Painful, but It Doesn’t Make T hem Go Away,”  Arizona 
Department of Water Resources, September 5, 2018, at https://new.azwater.gov/news/articles/2018-05-09. 
96 For a summary of the curtailment s that add up to this amount, see “1,090->1,075” row of Table 2. 
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Table 2. Lower Basin Water Delivery Curtailment Volumes Under Existing Agreements 
values in thousands of acre-feet 
Binational 
Minute  323 
Water 
2007 Interim 
Delivery 
Scarcity 
Total Volume of Curtailment 
Shortage Guidelines 
Reductions 
DCP Curtailment 
Conting.  Plan 
(% of Colorado River Apportionment) 
Lake Mead 
Elevation 
Lower 
(ft) 
AZ 
NV 
Mexico 
AZ 
NV 
CA 
Mexico 
AZ 
NV 
CA 
Basin  
Mexico 
1,090 -
0 
0 
0 
192 
8 
0 
41 
192   (6.8%) 
8 (2.6%) 
0 (0%) 
200 
41 
>1,075 
1,075 -
320 
13 
50 
192 
8 
0 
30 
512 (18.2%) 
21 (7%) 
0 (0%) 
533 
80 
>1,050 
1,050 -
400 
17 
70 
192 
8 
0 
34 
592 (21.1%) 
25 (8.3%) 
0 (0%) 
617 
104 
>1,045 
1,045 -
400 
17 
70 
240 
10 
200 
76 
640 (22.8%) 
27 (9.0%) 
200 (4.5%) 
867 
146 
>1,040 
1,040 -
400 
17 
70 
240 
10 
250 
84 
640 (22.8%) 
27 (9.0%) 
250 (5.6%) 
917 
154 
>1,035 
1,035 -
400 
17 
70 
240 
10 
300 
92 
640 (22.8%) 
27 (9.0%) 
300 (6.8%) 
967 
162 
>1,030 
1,030 - 
400 
17 
70 
240 
10 
350 
101 
640 (22.8%) 
27 (9.0%) 
350 (7.9%) 
1,017 
171 
1,025 
<1,025 
480 
20 
125 
240 
10 
350 
150 
720 (22.8%)  30 (10.0%) 
350 (7.9%) 
1,100 
275 
Sources: Table by CRS, using data in the 2007 Interim Shortage Guidelines,  Minute 323 between Mexico and the United States, the Lower Basin Drought  Contingency  Plan, 
and the Binational Water Scarcity Contingency Plan in Minute 323 between Mexico and the United States. 
 
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Management of the Colorado River: Water Allocations, Drought, and the Federal Role 
 
Opposition 
Although the DCPs and the related negotiations were widely praised, some expressed concerns 
related to the implementation of the DCPs as they relate to federal and state environmental laws. 
Most Colorado River contractors supported the agreements, but one major basin contractor, 
Imperial Irrigation District (IID, a major holder of Colorado River water rights in Southern 
California), did not approve the DCPs. IID has argued that the DCPs wil  further degrade the 
Salton Sea, a shrinking and ecological y degraded water body in southern California that relies on 
drainage flows from lands irrigated using Colorado River water. IID made support for the 
agreements contingent on corresponding federal support for Salton Sea restoration efforts.97 
While other basin interests have general y agreed with the need to mitigate and restore parts of 
the Salton Sea, some have disagreed with IID’s linking of the Salton Sea to the DCPs.98 
Following enactment of the DCPs, IID filed suit in state court al eging that state approval of the 
DCPs violated the California Environmental Quality Act.99 
Issues for Congress 
Funding and Oversight of Existing Facilities and Programs 
The principal role of Congress as it relates to storage facilities on the Colorado River is funding 
and oversight of facility operations, construction, and programs to protect and restore endangered 
species (e.g., Glen Canyon Dam Adaptive Management Program and the Upper Colorado River 
Endangered Fish Program). In the Upper Basin, Colorado River facilities include the 17 active 
participating units in the Colorado River Storage Projects, as wel  as the Navajo-Gal up Water 
Supply Project. In the Lower Basin, major facilities include the Salt River Project and Theodore 
Roosevelt Dam, Hoover Dam and Al -American  Canal, Yuma and Gila  Projects, Parker-Davis 
Project, Central Arizona Project, and Robert B. Griffith Project (now Southern Nevada Water 
System). 
Congressional appropriations in support of Colorado River projects and programs typical y 
account for a portion of overal  project budgets. For example, for the most recent year available 
(FY2018), the Lower Colorado Region’s  operating budget was $559.5 mil ion; $134.8 mil ion of 
this total was provided by discretionary appropriations, and the remainder of funding came from 
power revenues (which are made available without further appropriation) and nonfederal 
partners.100 In recent years, Congress has also authorized and appropriated funding that has 
                                              
97 IID, the largest water rights holder on the Colorado River, did  not approve the Lower Basin DCP. While there were 
no formal requirements for IID delivery curtailments under the Lower Basin DCP (other contractors have committed to 
implementing California’s curtailments), IID objected to the lack of commitments for Salton Sea restoration un der the 
plans. For more information, see CRS  In Focus  IF11104, Salton Sea Management and Restoration Efforts, by Pervaze 
A. Sheikh and Charles V.  Stern.  
98 See,  for example, T om Buschatzke, et al., “Colorado River Drought Contingency Plan Is Necessary Now,”  The 
Desert  Sun, March 28, 2019, at  https://www.desertsun.com/story/opinion/contributors/valley-voice/2019/03/26/
colorado-river-drought -contingency-plan-necessary-dcp/3272667002/. 
99 IID, “Salton Sea  Is Focus of IID’s Legal Challenge  to Drought Contingency Plan,” press release, April 17, 2019, 
https://www.iid.com/Home/Components/News/News/685/30?backlist=%2f. 
100 Bureau  of Reclamation, Lower Colorado Region Annual Report, FY2018, at https://www.usbr.gov/lc/docs/
LCRegionReportFY18.pdf. 
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Management of the Colorado River: Water Allocations, Drought, and the Federal Role 
 
targeted the Colorado River Basin in general (i.e., the Pilot System Conservation Plan). Congress 
may choose to extend or amend these and other authorities specific to the basin.  
While discretionary appropriations for the Colorado River are of regular interest to Congress, 
Congress may also be asked to weigh in on Colorado River funding that is not subject to regular 
appropriations. For instance, in the coming years, the Lower Colorado River Basin Development 
Fund is projected to face a decrease in revenues101 and may thus have less funding available  for 
congressional y established funding priorities for the Development Fund. 
Indian Water Rights Settlements  
Congress has previously approved Indian water rights settlements associated with more than 
2 MAF of tribal diversion rights on the Colorado River. Only a portion of this water has been 
developed. Congress likely  wil  face ongoing decisions regarding whether to fund development of 
previously authorized infrastructure associated with Indian water rights settlements in the 
Colorado River Basin. For example, the Navajo-Gal up Water Supply Project is being built to 
serve the Jicaril a Apache Nation, the Navajo Nation, and the City of Gal up, New Mexico.102 
Congress may also be asked to consider new settlements that may result in tribal rights to more 
Colorado River water. For example, in the 116th Congress, H.R. 244 would authorize the Navajo 
Nation Water Settlement in Utah.  
Plans for New and Augmented Water Storage, Conveyance 
In addition to development of new tribal water supplies, some states in the Upper Basin have 
indicated their intent to further develop their Colorado River water entitlements. For example, in 
the 115th Congress, Section 4310 of America’s Water Infrastructure Act (P.L. 115-270) authorized 
the Secretary of the Interior to enter into an agreement with the State of Wyoming whereby the 
state would fund a project to add erosion control to Fontenel e Reservoir in the Upper Basin. The 
project would al ow the state to potential y  utilize an additional 80,000 acre-feet of water storage 
on the Green River, a tributary of the Colorado River.  
Another project that would develop Upper Basin waters is the proposed Lake Powel  Pipeline 
(LPP), which would direct approximately 86,000 acre-feet of Utah’s Upper Basin Colorado River 
Basin apportionment from Lake Powel  to Washington County, UT (i.e., the St. George, UT, area, 
which is technical y located within the Lower Basin drainage area).103 The pipeline would begin 
near Glen Canyon Dam in Arizona and would run through Arizona and Utah to Sand Hollow 
Reservoir near St. George, UT. Reclamation has been designated the lead agency for the project 
under NEPA and is coordinating an Environmental Impact Statement (EIS) for the most recent 
proposed version of the project.104 Supporters in Utah argue that the pipeline is needed to provide 
a second primary water source for the St. George area, in addition to the Virgin River. Opponents 
include the other six Colorado River Basin states, which have argued that the proposed 
development and diversion of additional  Upper Basin waters is il -advised  in light of the basin’s 
                                              
101 T he projected decrease in revenues is due  to, among other factors, the decommissioning of the Navajo Generating 
Station (whose receipts are one source  of incoming revenue accruing  to the fund).  
102 T his project was authorized in the Omnibus Public  Land Management Act of 2009 ( P.L. 111-11), Title X, Part III. 
103 While St. George,  UT , is technically within the Lower Colorado River Basin’s drainage,  as previously discussed, 
Utah’s state allocation comes out of waters available to the Upper Basin. T hus, the LPP would  utilize Upper Ba sin 
waters. 
104 For project NEPA studies, see  https://www.usbr.gov/uc/DocLibrary/EnvironmentalImpactStatements/
LakePowellPipeline/index.html#intro. 
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Management of the Colorado River: Water Allocations, Drought, and the Federal Role 
 
over-al ocation. They have also opposed the LPP NEPA process as the de facto forum for 
resolving a conflict among basin states and have requested that Reclamation refrain from issuing 
a final EIS until these issues can be resolved on a consensus basis.105 
Drought Contingency Plan Implementation and Future Basin 
Agreements 
Congress may remain interested in implementation of the DCPs and other related agreements, 
including their success or failure at stemming further Colorado River cutbacks and adding 
additional water to the basin’s storage reservoirs. Similarly, Congress may be interested in the 
overal  hydrologic status of the Colorado River Basin, including  new and existing efforts to plan 
for increased demand in the basin and stretch limited basin water supplies. 
Efforts to renew the 2007 Interim Guidelines (including the DCPs), which expire at the end of 
2026, began in 2020 and are expected to be the next major hurdle in the consensus-based 
management of the Colorado River. The status of these “reconsultation” efforts, including any 
major extensions or new agreements to come out of them, may be key to avoiding future conflict 
over basin resources. 
 
 
Author Information 
 
Charles V. Stern 
  Pervaze A. Sheikh 
Specialist in Natural Resources Policy 
Specialist in Natural Resources Policy 
    
    
 
 
Disclaimer 
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan 
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and 
under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other 
than public understanding of information that has been provided by CRS to Members of Congress in 
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not 
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in 
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or 
material from a third party, you may need to obtain the permission of the copyright holder if you wish to 
copy or otherwise use copyrighted material. 
 
                                              
105 Letter from Colorado River Basin States Representatives of Arizona, California, Colorado, Nevada, New  Mexico, 
and Wyoming to Secretary of the Interior David Bernhardt, September 8, 2020.  
Congressional Research Service  
R45546 · VERSION 12 · UPDATED 
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