On June 6-7, a record crowd of 365 in-person and 100 online registrants assembled for the 44th Annual Colorado Law Conference on Natural Resources.  “Next Chapters on the Colorado River: Short-Term Coping, Post-2026 Operations, and Beyond” was co-convened this year with the Water & Tribes Initiative (WTI), marking the second year in a partnership that will extend at least through the 2025 event.  The main topic of conversation this year was the ongoing EIS process focused on developing new post-2026 rules for coordinated reservoir operations.  Those rules, although defined in terms of reservoir operations at Lakes Powell and Mead, are ultimately about adjustments to water deliveries and the inevitable curtailments associated with the warming basin and diminishing river.

Day 1 of the event primarily focused on the perspectives of those sovereign governments with rights and responsibilities regarding the river.  This review began with Camille Calimlim Touton, the Commissioner to the Bureau of Reclamation—the agency tasked with developing the new operating rules—whose observations were bracketed by a similar presentation by Roberto Salmon, the former IBWC (International Boundary and Water Commission) Commissioner from Mexico.  This set for stage for remarks from 6 of the 7 the principal state negotiators, with an introduction provided by Colorado Governor Jared Polis.  (Among those negotiators is Nevada’s John Entsminger, Colorado Law alumni.)  As expected, this was a cautious discussion given the ongoing negotiations, but was given life by the skillful probing of moderator Shannon Mullane of the Colorado Sun. 

A very different sovereign perspective was then provided by a panel representing a sampling of the 30 tribal governments with an interest in the river.  This included presentations by Lorelei Cloud (Vice-Chairwoman of the Southern Ute Indian Tribe), Stephen Roe Lewis (Governor of the Gila River Indian Community), Dwight Lomayesva (Vice Chairman of the Colorado River Indian Tribes), and Buu Nygren (President, Navajo Nation).  This discussion, moderated by WTI’s Daryl Vigil, highlighted the nascent attempts to better integrate tribal voices into basin negotiations, as well as the recent settlement agreement involving the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, involving northeastern Arizona water rights. The historic settlement agreement was approved by all three tribes shortly before the conference and will now require approval by Congress and $5 billion in funding.  A busy Day 1 concluded with voices representing the “big 3” sectors involved in Colorado River management: agriculture, urban, and the environment.  This started the transition of the conference to issues that go beyond water deliveries, and beyond the post-2026 rules. 

The discussions on Day 2 were premised on the notion that new post-2026 operating rules were necessary but insufficient to address all the management challenges in the basin that will persist long past the current rulemaking effort.  Included were panels focused on river governance, water conservation (in both urban and agricultural settings), and opportunities for improving management of non-consumptive water uses.  These issue-specific discussions were prefaced by a sobering discussion of the challenge of sustainability in the basin dealing with climate change and megadrought.  This framing was provided by Tim Nuvangyaoma (Chairman, Hopi Tribe) and Jonathan Overpeck (Dean, University of Michigan School for Environment and Sustainability).  The event wrapped up with a pragmatic discussion, led by Alex Funk of the Theodore Roosevelt Conservation Partnership, highlighting efforts to secure funding streams capable of supporting all the innovations needed in the basin. 

The GWC is thankful for the participation of the speakers and attendees that made this a special and record-breaking event.  This is all made possible by the support of our sponsors supporting our work, and the work of our co-convener (WTI).  Recordings of the event (and additional materials) are available here on the GWC website.  There, in time, you can also learn of our plans for next June. We hope you can all join us.  

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Water, it is safe to say, is of the moment. Safer yet, the drought-stricken Colorado River is center stage. Seemingly overnight, the water beat has transcended from dusty backroads and Southwestern capitols to the front page of mainstream media outlets. Giving rise to that newfound coverage are the conferences and events that produce the soundbites and backroom deals that make the latest scoop in Western water such a juicy one.

Yet like many stories about natural resource issues, what can often feel missing is a sense of place; after all, slide shows and headlines can only spur so much. For water in particular, geography is everything—a factoid we know very well here in Colorado.

Enter , an organization whose mission is “dedicated to accelerating conservation success through the powerful perspective of flight.” LightHawk does so by seeking out conservation projects and partners that could benefit from aviation, then leveraging their team of 300 volunteer pilots to provide zero cost flights. The organization’s focus areas include climate resilience, rivers and wetlands, and wildlife conservation.

On June 5^th, the day before the Getches-Wilkinson Center’s 2024 Conference on the Colorado River, LightHawk and the GWC teamed up to find that elusive sense of place. That morning a group of 15 participants boarded three separate planes to take an aerial tour of Front Range water projects, including the Gross Reservoir expansion and Chimney Hollow Reservoir construction, as well as a look at the Colorado River headwaters in Rocky Mountain National Park and the infrastructure that makes up the Colorado-Big Thompson Project.

The passenger list comprised professionals from many different backgrounds, all sharing a focus on water and, more specifically, the Colorado River. There were tribal leaders, water lawyers, ranch managers, reporters, policy analysts, river advocates, foundation directors, GWC staff, and one very luck law student in myself. And that diversity of backgrounds was precisely the point: Come gather ‘round a birds-eye view of this imperiled river’s headwaters and let us see where the conversation goes.

As a student eager to find his way in the world of western water, this was a dream experience. The more casual setting (if you can call being a mile above the Earth in a little piston jet casual) allowed for plenty of quips, insights, and hard-hitting questions on all that construction going on down there. For me, the conversation highlighted how inherently political and value-based decisions on the River are, and how that is nothing to shy away from. Moreover, I gained a new appreciation for the number of different stakeholders and the good ideas they each bring—the flight itself atop that list.

Diverse and impressive of backgrounds as they were, nobody’s professional resume quite prepared them for how bumpy a ride Cessnas can deliver. The thermals coming off the foothills made for a turbulent ascent into the alpine. And the calamity of red lights and alarm noises coming from the cockpit certainly didn’t help settle the group’s collective stomach. But fortunately for your correspondent’s plane, all one had to do for a sigh of relief was look to pilot Mike Schroeder, cool as a cucumber at the helm.

Then, touchdown on the tarmac (coolest part of the day, IMHO) and back to business casual, powerpoints and panel presentations. Alas. However, with a subject matter like the Colorado River, two things are granted. First, a vast majority of folks working in this world also play in this world, and their sense of place is long-established. Second, a gathering of the minds to discuss the future of the River will be informative and provocative regardless of whether an airplane is involved. And sure enough, the conference was a smashing success.

But for me and surely the fourteen other flight members, the LightHawk flight was nonetheless a remarkable experience. The opportunity to fly across the part of the Continental Divide that not only separates the Front Range from the Western Slope but also boasts a colorful history of transbasin projects and state politics, all while chatting with a group of thought leaders in the water space, was truly invaluable. Hats off to LightHawk and all the volunteer pilots that made it possible.

*All photos shared are thanks to aerial support provided by LightHawk.

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The Getches-Wilkinson Center just wrapped up the 44^th Annual Colorado Law Conference on Natural Resources, which has held at the law school on June 6-7, 2024. This year, the conference once again focused on management of the Colorado River watershed, and GWC was honored to co-convene this important conversation with the Water & Tribes Initiative for the second year in a row.

The conference was billed as “Next Chapters on the Colorado River: Short-Term Coping, Post-2026 Operations, and Beyond.” The seven basin states are in the midst of sensitive negotiations over the long-term guidelines for operation of the reservoirs – Lake Mead and Lake Powell. The final decision on those operating guidelines will be made by the Bureau of Reclamation and will address critical issues including the structural deficit in the system, i.e., the imbalance in water use and water supplies. As the states continue to negotiate, the stakes are high, and all eyes are watching to see whether a consensus agreement emerges. Meanwhile, the 30 Tribes across the Colorado River basin find themselves in a familiar position – outside of the formal negotiation process looking in.

At the Colorado River Conference, however, Tribal representatives had an opportunity to share their views on an equal footing with the other sovereigns. On Day 1, Daryl Vigil of the WTI moderated a panel of Tribal leaders representing the Southern Ute Indian Tribe, the Gila River Indian Reservation, the Colorado River Indian Tribes, and the Navajo Nation. They all conveyed that Tribes had been historically excluded from these important conversations about the future of the River, and that they were now demanding a seat at the table. Tribes across the Basin are working together to ensure fair treatment in allocation of Colorado River water, and they are also making strides on formal structures like the Memorandum of Understanding that was recently announced by the Upper Basin Tribes and the Upper Colorado River Commission.

The room was also abuzz with news of the recent settlement agreement involving the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, involving Northeastern Arizona water rights. The historic settlement agreement was approved by all three tribes shortly before the conference and will now require approval by Congress and $5 billion in funding. The settlement was celebrated as a product of self-determination and a sign of hope for future progress; however, the ultimate outcome is uncertain and subject to the political dynamics of Washington, DC. The Conference provided a unique opportunity for everyone working on Colorado River issues to learn about the settlement from the Tribes who drove the process and will be most impacted by the outcome.

From everyone here at GWC, we’d like to thank WTI, all the Tribal leaders who spoke, Governor Polis, Commissioner Touton, the state representatives, our sponsors, and all the other speakers and attendees for making this a memorable and impactful event. The show of community over those two days inspires us with hope that we can find solutions to these very challenging issues.

You can find a recording and images of the conference on our website here, and we’re already looking forward to 2025.   

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Crisis on the Colorado River: From Short-Term Solutions to Long-Term Sustainability

Thursday, June 8 and Friday, June 9, 2023
Hosted by the Getches-Wilkinson Center and Water & Tribes Initiative

The Colorado River is in crisis. Rapid declines in reservoir storage now threaten many longstanding agreements and operational norms, triggering curtailments in water deliveries and prompting emergency interstate and federal/interstate negotiations.

The challenge is two-fold: adopting rules to equitably “share the pain” in the short-term, while transitioning to a management framework to support long-term sustainability in what will likely be an increasingly arid future. It is both a water and a “people” problem, requiring innovations for stretching limited supplies through processes emphasizing equity and inclusion across all values, stakeholders, and sovereigns, including the United States, Mexico, Tribes, and the seven basin states.

Thursday, June 8

Part 1

• 00:00 Welcome and Introduction
• 19:13 Understanding the Challenges (and Opportunities)
• 2:00:40 Current Negotiations and the NEPA Process
• 2:39 Charles Wilkinson Tribute

[video:https://www.youtube.com/watch?v=egKHhNzk3Hk&feature=youtu.be]

Part 2

• 00:00 The Evolving Role of Tribes
• 2:30:52 Insights from the Basin States

[video:https://www.youtube.com/watch?v=yzzLTnhgHFM&feature=youtu.be]

Friday, June 9

Part 1

[video:https://youtu.be/OLXX8vyMf50]

• 00:46 Thinking About a Sustainable Future
• 2:01:13 Some Specific Questions to Answer

Part 2

[video:https://youtu.be/Yfyb6dNLsx0]

• 00:00 Some Specific Questions to Answer (Continued)
• 2:30:26 Themes, Lessons and Concerns: Can We Turn Crisis into Opportunity?

Additional links

• Conference Program
• CLE Accreditation Notice

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Thursday, June 16 and Friday, June 17

2026 May Be Too Late: Hard Conversations About Really Complicated Issues

There is no debate – demands for water across the Colorado River Basin exceed the shrinking supply. Chronic drought, record heat, increasing winds and aridity, as well as rampant wildfires are diminishing the Basin’s overall health and resilience. The historically low levels in Lake Mead and Lake Powell have invited unprecedented federal action and raise the specter of a looming energy crisis. To ensure a sustainable future, these harsh realities will require inclusive collaborations and innovative actions. We brought together a broad array of expertise and diverse perspectives from across the region to candidly discuss these complex challenges. Throughout this conference we examined potential options to advance sustainable water management, expand basin-wide conservation in every sector, and strengthen watershed resilience.

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Equity in the Colorado River Basin: How to Sustainably Manage a Shrinking Resource

Thursday, September 30 and Friday, October 1

Simply put – demands for water in the Colorado River Basin exceed supply.  Chronic drought, record heat, and rampant wildfires are already affecting the Basin’s overall health and resilience, and the historically low levels in Lakes Mead and Powell led to an unprecedented call on the river.  These compounding challenges come at a time when several key components of the “Law of the River” are sunsetting in 2026.  Key players are already revisiting the 2007 Interim Guidelines, Minute 323, and the 2019 Drought Contingency Plan.  Relatedly, endangered fish recovery programs relevant to the region expire in 2023.  Meanwhile, 48% of Tribal households in the U.S. do not have access to reliable water sources, clean drinking water, or basic sanitation.  These harsh realities hasten the need to advance sustainable water management, improve watershed resilience, and ensure clean water access through collaborative decision-making.  We look forward to bringing together diverse expertise from across the region to draw the roadmap to an equitable future in the Colorado River Basin.

[video:https://youtu.be/CBdO3iPbMrE]

Additional links:

• Conference Program

• CLE Accreditation Notice

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Thursday, September 30 and Friday, October 1

Equity in the Colorado River Basin: How to Sustainably Manage a Shrinking Resource

Simply put – demands for water in the Colorado River Basin exceed supply.  Chronic drought, record heat, and rampant wildfires are already affecting the Basin’s overall health and resilience, and the historically low levels in Lakes Mead and Powell led to an unprecedented call on the river.  These compounding challenges come at a time when several key components of the “Law of the River” are sunsetting in 2026.  Key players are already revisiting the 2007 Interim Guidelines, Minute 323, and the 2019 Drought Contingency Plan.  Relatedly, endangered fish recovery programs relevant to the region expire in 2023.  Meanwhile, 48% of Tribal households in the U.S. do not have access to reliable water sources, clean drinking water, or basic sanitation.  These harsh realities hasten the need to advance sustainable water management, improve watershed resilience, and ensure clean water access through collaborative decision-making.  We look forward to bringing together diverse expertise from across the region to draw the roadmap to an equitable future in the Colorado River Basin.

41st Annual Colorado Law Conference on Natural Resources

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The Water & Tribes Initiative: Tribal Water Rights & a Sustainable Vision for the Colorado River Basin

April 27, 2021

The 30 federally recognized tribes in the Colorado River Basin depend on the Colorado and its tributaries for a variety of purposes, including cultural and religious activities, domestic, irrigation, commercial, municipal and industrial, power generation, recreation, instream flows, wildlife, and habitat restoration. Twenty-two of these tribes have recognized rights to use 3.2 million-acre feet of Colorado River system water annually, or approximately 25 percent of the Basin’s average annual water supply.  In addition, 12 of the tribes have unresolved water rights claims, which will likely increase the overall volume of tribal water rights in the Basin. With the oldest water rights in the basin, tribes are poised to play a significant role in balancing water demand and supply and otherwise shaping the future of the region. Join leaders of the Water & Tribes Initiative in a conversation about the role of tribes and other sovereigns and stakeholders in advancing a sustainable vision for the Colorado River.

• CLE accreditation notice
• Water and Tribes Initiative Policy Briefs
  • The Status of Tribal Water Rights in the Colorado River Basin
  • A Common Vision for the Colorado River System: Toward a Framework for Sustainability

[video:https://youtu.be/7i7xCBws70k]

Farther & Faster: The Integral Role of Technology in an Equitable Clean-Energy Economy

April 30, 2021

Join us for a conversation among two strong voices for creative entrepreneurship who will discuss what it will take to scale up the varied technologies needed to advance an equitable clean-energy economy. Newly appointed Executive Director of the Department of Energy’s Loan Program, Jigar Shah, is a seasoned clean energy entrepreneur, author, and acclaimed podcast host known for his work to create and advocate for market-driven solutions to climate change. Among his many accomplishments, Attorney General Weiser founded the Silicon Flatirons Center for Law, Technology, and Entrepreneurship at Colorado Law, where he catalyzed critical conversations among diverse stakeholders to propel the future of law, policy, and entrepreneurship. From strategic investments and the free market, to related law and policy, Shah and Weiser will discuss transforming existing energy infrastructure, accelerating growth of utility-scale solar and wind, expanding domestic manufacturing of electric vehicles, analyzing nuclear potential, and how all of these efforts will advance technology breakthroughs and create jobs.

• CLE accreditation notice

[video:https://youtu.be/rUbf_ZZPI2A]

Land, Water, and People: The Natural Resource Priorities of the Biden Administration

May 13, 2021

Colorado Law Dean James Anaya leads a moderated conversation with Secretary Haaland and Congressman Neguse exploring both agency and legislative priorities regarding public lands and water management, resource extraction, energy development, and related tribal issues – with an environmental/climate justice lens.

• CLE accreditation notice

[video:https://youtu.be/JFKnt0hkzP4]

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Session One: Expanding the Toolbox of Water Financing Options

Tuesday, September 15, 2020

Gone are the days when funding western water needs was merely a task of gaining Congressional authorization and appropriations for new dams and reservoirs. Today, federal funds are limited, and much of what needs to happen does not involve new infrastructure. A vast toolbox of potential funding strategies are, at least theoretically, available, although many options are unproven. Many such strategies are under consideration in Colorado for implementing the State Water Plan.

Speakers

• Nancy A. Smith, Director of External Affairs, Colorado River Basin Program, The Nature Conservancy (download presentation)
• Lauren Ris, Deputy Director, Colorado Water Conservation Board (download presentation)

CLE accreditation notice

[video:https://youtu.be/WHxL-ZPALII]

Session Two: Water Markets and Private Investments in Western Agriculture:  A Road Forward?

Thursday, September 24, 2020

Using market forces to shift the distribution and use of western water resources is a controversial topic. Some individuals fear that private investments in western agriculture will doom the sector, as water will inevitably flow to higher-paying uses and users in urban settings. To others, these investments allow agriculture to become more efficient and resilient, and when done correctly, can minimize any pain associated with large-scale water reallocations.

Speakers

• James Eklund, Founder and CEO, Eklund Hanlon LLC
• Peter Fleming, General Counsel, Colorado River Water Conservation District

CLE accreditation notice

[video:https://youtu.be/n6ttwlW7s3w]

Session Three: A Role for the Business Community

Wednesday, October 14, 2020

Many members of the business community are increasingly concerned that western water scarcity is a threat to producing and selling their products, and more generally, to maintaining the healthy social and economic conditions that are needed to sustain strong economies. A variety of initiatives are now underway to address this concern, and to address water management issues both within and outside of their sphere of operations.

Speakers

• Mike Bernier, Director of Sustainability and Environmental Affairs, Swire Coca-Cola
• Todd Reeve, Chief Executive Officer, BEF/Business for Water Stewardship

CLE accreditation notice

[video:https://youtu.be/NDkBJHjKe-Y]

Session Four: Investing in Healthy Headwaters

Tuesday, October 27, 2020

The relationship between healthy forests and reliable water supplies has been understood for centuries, and is increasingly important in an era of climate warming, forest disease outbreaks, and devastating fires.  However, the water management community historically has not been heavily engaged in efforts to protect and restore healthy source water areas. This is now changing in many pockets throughout the West, and lessons are being learned that might suggest opportunities for broader regional efforts.

Speakers:

• Kimery Wiltshire, President, Carpe Diem West
• Mike McHugh, Senior Water Resources Project Manager, Aurora Water

CLE accreditation notice

[video:https://youtu.be/dcbA68AOc_M]

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Charting a Better Course for the Colorado River: Identifying the Data and Concepts to Shape the Interim Guidelines Renegotiation

Thursday, June 6th and Friday, June 7th, 2019

On June 6-7, 1869, John Wesley Powell’s expedition down the Colorado was prepping for passage through the Canyon of Lodore, an arduous journey that ultimately cost the expedition a ship and a third of the expedition’s provisions. Exactly 150 years later we gear up for a journey through Colorado River rapids of a different kind: How best to navigate through the upcoming negotiation of the new Interim Guidelines. The existing Interim Guidelines (IG)—which expire after 2026—have been instrumental in slowing reservoir declines, delaying curtailments, and establishing a collaborative environment for subsequent innovations, but truly sustainable water management is still an unrealized goal. With the help of emerging drought contingency plan (DCP) programs, is the new negotiation (IG 2.0) the last best opportunity to craft a lasting solution to the river’s broken water budget?  If so, what data, concepts, frameworks, and principles are key to success?

• Event Program

Day One Video

[video:https://youtu.be/3FC3Ea_o34E]

Day Two Video

[video:https://youtu.be/dg-hDlp8sZ4]

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