Nevada lawsuit could shift control of Wyoming's Colorado River water
State officials warn that a federal court in Nevada may override federal management of Upper Basin water allocations.
By Sofia Ramirez ·
A federal lawsuit filed in Nevada could place the management of Wyoming's share of the Colorado River under the authority of a Nevada district judge, according to state water officials.
State Engineer Brandon Gebhardt and supervising attorney general Chris Brown briefed the Legislature's Select Water Committee in Casper on Friday. They explained that the legal conflict, initiated by Nevada and joined by Arizona, centers on the U.S. Department of the Interior's 2027-2028 operating guidelines.
The states argue they cannot accept the proposed water allocation cuts. Nevada asserts that the reductions could severely impact Las Vegas, which derives approximately 90% of its water supply from the Colorado River. Arizona contends that the Interior Department is failing to enforce the obligations of the Upper Basin states under the 1922 Colorado River Compact.
Rep. Martha Lawley, R-Worland, and co-chair of the water committee, stated that the potential for a federal court in Nevada to take over water management is a serious concern. She described the scenario as effectively transferring the role of the Bureau of Reclamation to the judiciary.
When asked to verify her assessment, Brown confirmed her view was accurate. He noted that disputes regarding the conditions of the 1922 compact might not be resolved in federal district court. Brown argued that such questions are properly heard by the United States Supreme Court.
Nevada filed its complaint in the U.S. District Court for the District of Nevada in August. Arizona filed a motion to intervene as a second plaintiff in October. The federal government requested an extension to respond, and the court is scheduled to receive its answer by December 10.
Wyoming's primary strategy remains seeking consensus among the states rather than pursuing litigation, Brown said. The state is part of the Upper Basin, which also includes Colorado, Utah, and New Mexico. The Lower Basin consists of Nevada, Arizona, and California. Mexico and several Native American tribes also hold water rights, though these are not established by the 1922 compact.
Gebhardt also addressed the current status of Flaming Gorge Reservoir on the Wyoming-Utah border. Under the Drought Response Operations Agreement, up to 1 million acre-feet of water could be released from Flaming Gorge through April 2027 to offset shortages at Lake Powell.
As of the end of October, approximately 458,000 acre-feet had already been withdrawn from Flaming Gorge. Gebhardt stated that replenishing this reservoir is a priority. He noted that storing water higher in the system reduces evaporation and allows the water to reach more locations.
Recent heavy rains in the Four Corners region caused a natural surge into Lake Powell. The surface elevation of Lake Powell rose 17.6 feet from the beginning of October to Thursday. Despite this increase, Gebhardt reported that Lake Powell remains at 27% of its capacity. He described the level as improved but still inadequate.
