Water law

The Colorado River Upper Initial Units Take Center Stage

Annie Carlozzi — Wed, 07 Oct 2026 17:01:25 +0000

The Colorado River Upper Initial Units Take Center Stage Annie Carlozzi Wed, 10/07/2026 - 11:01

Eric Kuhn , Anne Castle , Jack Schmidt , Kathryn Sorensen , Katherine Tara

Three large federal reservoirs upstream from Lake Powell have taken on increased importance as reservoir storage declines overall in the Colorado River system. Known as the "Upper Initial Units," Flaming Gorge, Blue Mesa, and Navajo reservoirs are now the subject of considerable controversy. The Lower Basin states of Arizona, California, and Nevada are advocating for additional releases from these reservoirs to help address low elevations in Lake Powell without devastating impacts on Lake Mead, while the Upper Basin states of Colorado, New Mexico, Utah, and Wyoming are resisting use of this water to offset what they see as "overuse" in the Lower Basin. This new paper takes a deep dive into the history and purpose of these reservoirs and reviews the conflicting directives that govern them.

The Colorado River Upper Initial Units Take Center Stage

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Colorado Supreme Court Pro Se Water Court Video Series

Annie Carlozzi — Tue, 06 Oct 2026 04:24:58 +0000

Colorado Supreme Court Pro Se Water Court Video Series Annie Carlozzi Mon, 10/05/2026 - 22:24

Former Acequia Assistance Project Director Gregor MacGregor recently advanced the efforts of both the Getches-Wilkinson Center and the Colorado Supreme Court’s Water Court Committee to improve access to justice for Coloradans. Professor MacGregor recently concluded an eight-year investigation into the experience of pro se parties in water court with a series of informational videos across the court system to improve outcomes. The series will assist self-represented litigants and serve as the basis for other training programs aimed at improving access to the water courts.

Colorado’s separate system of water courts highlights the importance of water to the lives and livelihoods of Coloradans. This specialty practice area of attorneys, and the specialized knowledge of the judicial officers that oversee their claims, ensures the maximum beneficial use of water in the state – including for environmental and recreational purposes. However, many water users lack the resources to be represented by an attorney in the water courts. The specialized proceedings, often requiring engineering support, places additional burdens on pro se litigants navigating the process.

While Colorado Legal Services, Metro Volunteer Lawyers, and other organizations provide free services for landlord-tenant issues, wills, and other areas of civil law, the same cannot be said for water. The only organization providing pro bono water services is the Acequia Assistance Project at the Getches-Wilkinson Center at Colorado Law School, but with its limited mandate to assist acequia irrigators in the southern part of the state, the remainder of the water community has had few direct assistance opportunities.

Beginning in 2018 the late Honorable Gregory J. Hobbs, Jr., the Honorable Susan Ryan, water attorney Josh Boissevain of the Colorado Water Trust, and private water attorney Lindsey Ratcliff began a quantitative and qualitative assessment of pro se cases across the seven water court Divisions. Their findings were published in the DU Water Law Review as “Understanding and Improving the Pro Se Litigant Experience in Water Court.” A review of case data and surveys supported their finding that more assistance to pro se parties would result in better outcomes not only for them, but for all parties in water court, and bring greater efficiency and savings to the process.

Professor Gregor MacGregor, as the academic member of the Water Court Committee, began a multiyear process to identify the most impactful information for pro se parties and the best way to make that information available. These efforts culminated in a series of videos where members of the judiciary and Attorney General explain their role in the water court process and the responsibility of pro se parties before them. Professor MacGregor will continue to lead the Committee’s efforts by designing and providing training to the Judicial Branch’s Self-Represented Litigant Coordinators across the state.

Pro Se Water Court Video Series introduction with Water Judge Todd Taylor

The Role of the Water Court with Water Judge Stephen Patrick

The Role of the Colorado Supreme Court in Water Matters with Chief Justice Monica Marquez

The Role of the Attorney General’s Office in Water Matters with Attorney General Phil Weiser

The full article led by Justice Hobbs that covers the history of Water Courts, statistics on the number of pro se litigants in those courts, and recommendations to improve the pro se experience can be found below.

Article: Understanding and Improving the Pro Se Litigant Experience in Water Court

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The Colorado River Water Supply Crisis in a Few Graphs: Part 2 Agricultural Water Use in the Lower Basin

Annie Carlozzi — Thu, 10 Sep 2026 16:40:21 +0000

The Colorado River Water Supply Crisis in a Few Graphs: Part 2 Agricultural Water Use in the Lower Basin Annie Carlozzi Thu, 09/10/2026 - 10:40

Jack Schmidt , Anne Castle , Eric Kuhn , Kathryn Sorensen , Katherine Tara

The newly released Record of Decision for Colorado River operations and the Operating Guidelines for 2027 and 2028 provide a range of potential reductions in deliveries to the Lower Basin states, starting immediately with a 1.25 MAF shortage. The potential exists for reduced deliveries of up to 3.0 MAF, after consultation, if hydrologic and reservoir conditions require. This new report looks at how that magnitude of reduction compares to recent use in the Lower Basin, particularly by agricultural water users, and provides context for thinking about how these new mandatory cutbacks might be achieved.

The Colorado River Water Supply Crisis in a Few Graphs: Part 2
Agricultural Water Use in the Lower Basin

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2026 Colorado River Conference Summary

Annie Carlozzi — Wed, 12 Aug 2026 20:21:14 +0000

2026 Colorado River Conference Summary Annie Carlozzi Wed, 08/12/2026 - 14:21

Emilia Endara

The Getches-Wilkinson Center has published a comprehensive report documenting discussions from the 46th Annual Colorado Law Conference on Natural Resources Law. Held in partnership with the Water & Tribes Initiative, this landmark event gathered 505 in-person and remote participants to address shared challenges and evolving management on the Colorado River.

As negotiations for post-2026 river guidelines face ongoing gridlock over shortages and conservation obligations, this new publication preserves the diverse stories and lessons shared by top decision-makers. The report serves as a roadmap for navigating the river's ecological and structural changes.

Report authors: Emilia Endara, Colorado Law Student and Getches-Wilkinson Center Research Assistant and Doug Kenney, Ph.D., Director of Getches-Wilkinson Center’s Western Water Policy Program

Read the full conference summary here.

Cover image by John Weisheit.

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The Kawuneeche Valley Restoration Project: Reflections from Beaver Creek

Annie Carlozzi — Tue, 28 Jul 2026 20:07:49 +0000

The Kawuneeche Valley Restoration Project: Reflections from Beaver Creek Annie Carlozzi Tue, 07/28/2026 - 14:07

Anneka Lambert , Emilia Endara and Mallory Tope

On July 8, the Getches-Wilkinson Center visited the Kawuneeche Valley restoration site at Beaver Creek in Rocky Mountain National Park. Upon arriving at Beaver Creek, the team met with Isabel de Silva Shewell, the lead ecologist on the project with a background in riparian restoration, who gave us a tour of the restoration site.

The 30-acre area is located at the headwaters of the Colorado River, and is surrounded by an exclosure fence tall enough to prevent moose and elk from jumping over. While we were fortunate enough to meet with Isabel and receive a guided tour, members of the public are welcome to enter through the gates and see the restoration efforts firsthand.

The Kawuneeche Valley Restoration Project/Beaver Creek Site Description

The Kawuneeche Valley restoration project is an effort to restore the ecosystem impaired by human activity and the climate-driven stressors such as an unpredictable snowpack and overbrowsing by moose.

Nestled at the base of the Never Summer Mountains, Beaver Creek is one of four tributaries to the mainstem of the Colorado River included in the project’s restoration efforts. Since the 1950s, there has been a loss of 94% of surface waters associated with beaver ponds, and a 77% loss of tall willow acreage since 1999. As a result, the Kawuneeche Valley has transitioned from its historical beaver-willow wetland ecosystem with a high water table, that supported hydrophilic vegetation and was dominated by tall willow.

These changes have been driven by human diversion of water, the effects of climate change, and the loss of tall willow due to the influx of large populations of moose. The once-booming beaver population in the area declined with the loss of suitable habitat. Without beaver dams, the water saturation in the soil became insufficient to support a stable riparian buffer. Beaver Creek became loaded with sediment, and water quality declined. The site has been identified as a major contributor of sediment to the mainstem of the Colorado River.

The Impacts of Moose and Elk at Beaver Creek and Potential Solutions

In 1978-1979, moose were re-introduced into Rocky Mountain National Park on the west side. https://www.nps.gov/articles/moose-research-in-rocky-mountain-national-park.htm. Initially, only 24 moose were released and largely remained on the west side of the park. Id. Moose are typically solitary animals; however, warmer, shorter winters allowed moose to congregate and populations to boom. Id. Easier passage facilitated the movement of moose across the continental divide to the east side of the park. Id.

As of 2025, there were 240 moose estimated to be in the park. Id. Willows are a primary food source for moose. However, willows, whose stems only grow about six inches per year, do not regenerate quickly enough to support such a large moose population. Today, the site is marked by what Isabel referred to as “zombie willows,” or willows that have been chewed down by moose, leaving only the woody stems of the plants.

Evidence of the former beaver-willow ecosystem is found throughout the site. Depressions indicate where beaver dam surface waters had existed in previous decades; willows that had been chewed down to woody stubs have new growth, and wetland vegetation such as sedges dominate the area.

In addition to constructing beaver dam analogs, the park service is attempting to address moose populations. Exclosure fences have been successful in keeping moose and elk from entering the restoration site. However, this is only one component of long-term population management measures. Discussions of potential solutions include measures put in place in 2008 by the Elk and Vegetation Management Plan (EVMP). In addition to exclosure fences, these efforts also include the culling of individual moose. Hunting is not permitted in the park, and moose have no natural predators in the area to keep populations in check. Therefore, such measures may be necessary to restore balance to the ecosystem.

Beaver Dam Analogs

The main tool utilized to restore the site to a functioning beaver-willow wetland ecosystem are beaver analogs. Beaver analogs are wooden structures that span the creek in a manner that mimics beaver dams. They raise the water table upstream, increase channel complexity, promote resilience to high runoff in the snowpack, trap fine sediment, and store water across the floodplain. The analogs were built using lodgepoles from the surrounding area to mimic the natural ecosystem sourced from fuel-mitigation events in the park.

Restoration efforts are already yielding encouraging results. Groundwater quantity is continuously monitored at the site. Since the installation of the analogs in 2024; levels have slowly and steadily risen. Water quality at the site has improved, and benthic microorganisms highly sensitive to water quality have reappeared in the creek.

With the diminishment of willows over the years, invasive plant species such as the Canada Thistle flourished. Since the start of the project, Isbabel said there has been an evident decrease in Canada Thistle, leaving more room for willows to grow.

Takeaways and Further Information

Overall, the GWC would like to thank Isabel and all those at RMNP and the Kawuneeche Valley Restoration Project for this fantastic opportunity. The team greatly enjoyed seeing the site first-hand, looking at the impact of overbrowsing, and how the ecosystem has begun to heal. Being on the headwaters of the Colorado River was a reminder of all the components that go into maintaining a healthy, thriving river that can support the surrounding habitat and those downstream.

If you are interested in more information about the Kawuneeche Valley Restoration Project, please visit their website at: https://www.nps.gov/romo/the-kawuneeche-valley-restoration-collaborative.htm

If would like to help out, please consider volunteering at a future event. Previous volunteer opportunities have included revegetation efforts such as willow staking. There is potential for volunteers to help build and maintain materials for dam infrastructure at events in the future. More information can be found here: https://www.nps.gov/romo/getinvolved/volunteer.htm

For updates on the Kawuneeche Valley, you can sign up for their newsletter at: https://lp.constantcontactpages.com/sl/WKvPewd

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Low Point for Colorado River Storage

Annie Carlozzi — Wed, 15 Jul 2026 13:45:07 +0000

Low Point for Colorado River Storage Annie Carlozzi Wed, 07/15/2026 - 07:45

Jack Schmidt , Anne Castle , John Fleck , Eric Kuhn , Kathryn Sorensen , Katherine Tara

July 12, 2026 marked the date that the combined storage in Lake Mead and Lake Powell reached a new all time low. Stored water reserves in the two reservoirs are now less than they were before Lake Powell was constructed. The last time the combined total live storage in these two workhorse reservoirs in the Colorado River Basin was this small was May 23, 1957, almost 70 years ago, when water was stored only in Lake Mead. Our ability to offset consumptive use that exceeds natural supply with reservoir releases is not infinite and is speedily diminishing. Water use must be reduced.

A Significant Moment in the Colorado River Water Supply Crisis

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Thirst for Data: State Responses to Data Center Water Use

Annie Carlozzi — Thu, 09 Jul 2026 23:11:18 +0000

Thirst for Data: State Responses to Data Center Water Use Annie Carlozzi Thu, 07/09/2026 - 17:11

Daniel Anderson

Thirst for Data: State Responses to Data Center Water Use is a new Getches-Wilkinson Center report on Artificial Intelligence, water, and legal reform. AI is fueling a data center development boom—but what does it mean for our water future? Data centers consume large amounts of water, are increasingly located in the arid West, and are projected to grow exponentially in the coming years. With the federal government standing aside, states are struggling to respond swiftly and effectively to their citizens' concerns. This new paper examines emerging state legislation across the country, identifying four major water policy approaches: reporting, conservation, incentives, and prior appropriation requirements. Whether you're a policymaker, researcher, industry leader, or concerned citizen, this analysis offers a timely snapshot at one of the fastest-evolving intersections of technology and water policy.

Report authors: Daniel Anderson, J.D., Getches-Wilkinson Water Law Fellow and Sydney Stellato, Colorado Law Student, Conscience Bay Company Western Water Policy Fellow

Read Thirst for Data: State Responses to Data Center Water Use

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Aug 21: The Colorado River's Uncertain Water Future Explained with Brad Udall

Annie Carlozzi — Thu, 09 Jul 2026 15:57:10 +0000

Aug 21: The Colorado River's Uncertain Water Future Explained with Brad Udall Annie Carlozzi Thu, 07/09/2026 - 09:57

Brad Udall presents an engaging look at the Colorado River in an era of climate change. Discover the challenges facing the river and the choices that will shape its future.

This event is co-hosted by Colorado Mountain Club �Ǹ�Թ� Group and Getches-Wilkinson Center.

Friday, August 21, 2026
6:00-7:30 p.m. (Mountain Time)
Wolf Law Building, Wittemyer Courtroom

In person only. Zoom will not be offered for this event.

Free and Open to the public

View a recording of the event

Brad Udall

Bradley H. Udall is a Senior Water and Climate Research Scientist / Scholar at Colorado State University’s Colorado Water Center. His expertise includes hydrology and related policy issues of the American West, with a focus on the Colorado River. Brad was a co-author of the 2009 and 2018 National Climate Assessments and a contributing author to the 2014 Intergovernmental Panel on Climate Change 5^th Assessment. He has published numerous peer-reviewed articles on the causes of the 21^st century declining Colorado River flows and on the ongoing aridification of the Western United States. Brad has testified in both the U.S. Senate and U.S. House of Representatives on the impacts of climate change on water resources and provided input to multiple National Academy of Science panels. Brad was formerly the Director of the Getches-Wilkinson Center for Natural Resources, Energy and Environment at the University of Colorado Law School and Director of the University of Colorado - NOAA Western Water Assessment. In 2024 he was awarded the David Getches Flowing Waters award from the Colorado Water Trust. Brad has an engineering degree from Stanford and an MBA from Colorado State University.

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The Colorado River Water Supply Crisis in a Few Graphs: Part 1

Annie Carlozzi — Thu, 18 Jun 2026 17:25:18 +0000

The Colorado River Water Supply Crisis in a Few Graphs: Part 1 Annie Carlozzi Thu, 06/18/2026 - 11:25

Jack Schmidt , Anne Castle , Eric Kuhn , Kathryn Sorensen , Katherine Tara

We almost always focus on just Lake Powell and Lake Mead, but there are 46 reservoirs in the Colorado River Basin. This new paper by Jack Schmidt and the usual suspects looks at the state and trends of total Basin storage and the “Ratchet Effect” when we consistently use more water than Nature supplies.

The Colorado River Water Supply Crisis in a Few Graphs: Part 1

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June 4 & 5: 2026 Conference on the Colorado River

Annie Carlozzi — Thu, 04 Jun 2026 15:10:39 +0000

June 4 & 5: 2026 Conference on the Colorado River Annie Carlozzi Thu, 06/04/2026 - 09:10

The Colorado River:

Searching for Solutions in the Face of Uncertainty

The Colorado River is facing unprecedented change and uncertainty. Average annual flows continue to decline, and negotiations to craft post-2026 guidelines to manage the river have repeatedly bogged down over disagreements about delivery obligations, sharing shortages and mandatory conservation. While some clarity may emerge in the coming months, the ability to sustain many existing municipal and agricultural water users is already compromised. Meanwhile, there is growing recognition that a durable resolution must also address the water rights of sovereign Tribal nations and better integrate environmental values into river management. All sovereigns, stakeholders, and sectors must work together now more than ever to find solutions for short-term needs and long-term goals.

The Getches-Wilkinson Center and Water & Tribes Initiative will co-convene the 2026 Conference on the Colorado River at the Wolf Law Building in �Ǹ�Թ�, CO.

Thursday, June 4th and Friday, June 5th
Wolf Law Building, Wittemyer Courtroom

Thursday, June 4th
7:30-8am: Registration Opens and Light Breakfast
8am-5pm: Colorado River Conference
5-6:30pm: Reception for Registered Attendees

Friday, June 5th
7:30-8am: Registration Opens and Light Breakfast
8am-3pm: Colorado River Conference

Breakfast, Snack and Lunch provided daily
Free parking onsite. Parking details will be sent out the week of the conference.

We hope you join us for what will be sure to be an engaging 2-day conference bringing together thought leaders from across the Colorado Basin.

Conference Agenda

WEDNESDAY, JUNE 3

Public Event: Screening of The American Southwest.

THURSDAY, JUNE 4

Session 1: Climate & Hydrology: Expectations for an Ever-Shrinking Pie. Growing water shortages on the Colorado River system derive from a mismatch between supplies and human demands. While water managers can proactively manage demands, natural inflows to the basin are not easily manipulated, placing a premium on understanding trends and forecasts.

Session 2: Sustaining a Living River. Respecting and protecting the ecological lifeline of the Southwest is a formidable challenge given that existing laws and policies are largely designed to divert water out of the river and consumptively use it off-stream. This panel will highlight some emerging efforts to recover and sustain the Colorado as a living river.

Session 3: Living with Less on Farms and Ranches. Irrigated agriculture is the largest water use in the basin, and is where most of the current and projected curtailments are aimed. Although there have been some notable innovations already, more will be required to balance the basin’s water budget. This panel will highlight lessons learned from farms and ranches where adapting to less water is already underway.

Session 4. Designing Water Conservation Programs for the Future. Large-scale water conservation is essential to future management of the Colorado River, however, these efforts raise a host of legal, political and administrative challenges. This panel will reflect on lessons learned in prior conservation efforts, and identify suggestions for the design of more comprehensive and effective future programs.

FRIDAY, JUNE 5

Session 5: Status of the Post-2026 Guidelines. The process of developing the post-2026 operating guidelines remains an ongoing challenge. The basin’s four sets of sovereigns -- including federal and state governments, Tribal nations, and Mexico – along with multiple stakeholders have discussed a range of options to share water shortages, conserve water, and coordinate operations of Lake Powell/Glen Canyon Dam and Lake Mead/Hoover Dam. This series of panels will provide an update on the process of developing post-2026 guidelines, review the options under consideration, and reflect on the potential alternatives to a negotiated solution.

Session 6: Learning from the Process: How do we Do Better in the Future? As substantive negotiations over reservoir operations and conservation programs have languished, it’s worthwhile to think about what this says about the processes and traditions being relied upon to identify the needed solutions. This panel will examine recent efforts to improve inclusivity, and proposals for making problem-solving more proactive, transparent, and holistic.

Confirmed Speakers Bios and Headshots Can be Found HERE

Chairwoman Amelia Flores, Colorado River Indian Tribes
Amy Moyer, Colorado River Water Conservation District
Anne Castle, Getches-Wilkinson Center
Becky Mitchell, Upper Colorado River Commission
Brad Udall, Colorado State University
Carlos de la Parra, Centro Luken
Celene Hawkins, The Nature Conservancy
Chris Winter, Getches-Wilkinson Center
Daniel Anderson, Getches-Wilkinson Center
Daryl Vigil, Water & Tribes Initiative
David DeJong, Gila River Indian Community
Doug Kenney, Getches-Wilkinson Center
James Eklund, Taft Law
Jason Robison, University of Wyoming College of Law
Jay Weiner, Quechan Tribe Attorney
John Berggren, Western Resource Advocates
John Bezdek, CRIT Attorney
John Entsminger, Colorado River Commissioner for Nevada
Kathryn Sorensen, Kyl Center for Water Policy
Katrina Grantz, Bureau of Reclamation
Mark Squillace, Colorado Law School
Roger Fragua, Flower Hill Institute
Samantha Barncastle, Family Farm Alliance
Chairman Selwyn Whiteskunk, Ute Mountain Ute Tribe
Scott Cameron, Bureau of Reclamation
Scott Campbell, The Freshwater Trust
Governor Stephen Roe Lewis, Gila River Indian Community
Tina Shields, Imperial Irrigation District
Zak Podmore, Author

Colorado CLE credits have been approved: 11 general credits and 1.20 EDI credits

Photographs
Barb Colombo of 11:11 Productions Photography has provided us with wonderful images of the Conference. We’ve added them to a Flickr album for easy viewing here.

Recordings
You can find the video recording of the conference here.

2026 Conference on the Colorado River Introductions Day 1

Session 1: Climate & Hydrology: Expectations for an Ever-Shrinking Pie

Session 2: Sustaining a Living River

Session 3: Living with Less on Farms and Ranches

Session 4: Designing Water Conservation Programs for the Future

Session 5: Status of the Post-2026 Guidelines: The Evolving Federal Role

2026 Conference on the Colorado River Introductions Day 2

Session 5: Status of the Post-2026 Guidelines, continued Day 2

Session 5: Status of the Post-2026 Guidelines Tribal Perspectives

Session 6: Learning from the Process: How do we Do Better in the Future?

Thank You to 2026 Conference Partners: