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Aurora committee warned of escalating Colorado River risks and possible legal fights
Summary
A briefing to Aurora's Water Policy Committee summarized shrinking reservoir storage, expiring 2007 guidelines, competing lower‑basin demands, and the potential for curtailment or US Supreme Court litigation if the basin states cannot reach agreement.
Committee members received a detailed briefing on Colorado River hydrology and legal risk, underscoring persistent deficits and the possibility that interstate disagreement could lead to curtailment or litigation.
The presenter described several drivers of risk: record low inflows and snowpack that lower reservoir levels; the 2019 Drought Response Operations Agreement (DROA) and the 2007 interim guidelines that expire in 2026; and disagreement between upper‑ and lower‑basin states about how to allocate scarce water and account for transit losses. "This is so DROA... these agreements expire this year," the presenter said, adding that Flaming Gorge and other upstream reservoirs have limited water to shed to Lake Powell.
The presenter explained that the lower basin historically has delivered and used more than its allocation, sometimes measured at headgates while not accounting for transit losses, and that some lower‑basin parties have proposed mandatory cuts; upper‑basin representatives dispute the interpretation and warn that legal remedies could follow. Committee members asked whether a US Supreme Court action would resolve merits; the presenter said the Supreme Court would appoint a special master to develop facts and that such litigation would be lengthy and carry deep consequences for Colorado if curtailment or an adverse ruling occurred.
Council members discussed what Aurora should bring to upcoming federal lobbying sessions; staff said talking points on the Colorado River were being prepared for the delegation's Washington, D.C., trip. The briefing closed with a recommendation for continued monitoring and coordination with state and regional partners.
What happens next: staff will provide Colorado River talking points for council's D.C. lobbying prep and continue tracking federal EIS and inter‑state negotiations.
