The first lawsuit has been filed over feds' new plan for Lake Powell and Lake Mead

SALT LAKE CITY — Utah's western neighbor is suing the U.S. Department of the Interior over its decision to mandatorily slash 1.25 million acre-feet of water from the Colorado River system annually over the next two years, partly because Upper Basin states like Utah aren't required to make cuts.

Nevada, as well as the Colorado River Commission of Nevada and Southern Nevada Water Authority, filed a lawsuit in federal court on Monday. They argue that the move will leave Las Vegas and its surrounding cities with less than 86,500 acre-feet per year, approximately a 60% decrease from what it used in 2024.

Overall, the state says it stands to lose as much as 70% of its annual allocation. Such a cut is "entirely unrealistic," the entities argue, while taking issue with the Upper Basin states of Colorado, Utah, New Mexico and Wyoming, which are not required to mandatorily cut water that flows into Lake Powell and Lake Mead.

"This isn't about political posturing; this is a matter of survival for a community that represents about two-thirds of our state's citizens and the lion's share of its economy," said Nevada Gov. Joe Lombardo.

The lawsuit calls on the courts to set aside a record of decision on the Post-2026 Colorado River Operations, which Interior Secretary Doug Burgum signed on Friday, essentially delaying the cuts from taking effect before they are scheduled to on Jan. 1.

The 10-year plan calls for adjustments in allocations from the system every two years, starting with the 2027-2028 window. It seeks to keep Lake Powell at an elevation of 3,510 feet or better, a little more than 9 feet below its current level.

While it calls for Lower Basin states of Arizona, California and Nevada to mandatorily trim 1.25 million acre-feet of water annually, Upper Basin states of Utah, Colorado, New Mexico and Wyoming were spared any mandatory cuts.

Southern Nevada has been a "global leader in water efficiency," but the proposed cuts go too far, said Southern Nevada Water Authority general manager John Entsminger.

"We have clearly demonstrated our ability to adapt and do more with less. However, conservation has its limits, and there is just no way to meet even the basic needs of this community with the volume of water Interior has proposed," he said.

Since the river is shared by seven states and dozens of other entities, a solution needs to include everybody, Lombardo added, noting that the state is "prepared to fight for as long as it takes."

The Basin states have already agreed to release up to 1 million acre-feet of water from Flaming Gorge at the Utah-Wyoming border in the Upper Basin to support Lake Powell at the Utah-Arizona border. A spokesperson for the Colorado River Authority of Utah told KSL on Monday that the agency is still reviewing the lawsuit and has no immediate comment on it.

Lower Basin states used 49% of the water within the Colorado River Basin system between 2020 and 2024, while the Upper Basin states used 29% and the rest went either to Mexico or was lost to evaporation, federal officials noted in July. Yet, Upper Basin and Lower Basin states have been at odds on a long-term solution for the nation's two largest reservoirs, which have each hit all-time lows this year.

Lower Basin states have asserted that Upper Basin states should also reduce their share of the system, while Upper Basin states have argued that Upper Basin states have greater variability each year, relying on good snowpack collections every winter since they don't have the reservoirs to pull from.

Gene Shawcroft, chairman of the Colorado River Authority of Utah, pointed to recent water allocations as an example of the Upper Basin's argument during a presentation with state legislators last week. Some water rights holders are receiving as little as 10% to 15%, if any, of their water rights this year, because the Colorado River Compact only allows Utah to receive 23% of the Upper Basin's share.

"It's pretty obvious that, regardless of what the requirements are under the compact, you can't deliver water that doesn't exist. That's the big challenge we had this year," he said. "I think the federal government has finally understood that and is putting pressure on the larger reductions on the Lower Basin, simply because that's where the majority of the use is."

Litigation has been the largest fear since it became clear that the states wouldn't come to a consensus on a new plan to manage Lake Powell and Lake Mead, as the current agreement expires after this year.

Failing to reach an agreement would force the Bureau of Reclamation to select a plan to govern the river, which would likely ignite "unprecedented litigation before the U.S. Supreme Court," Amy Haas, executive director of the Colorado River Authority of Utah, warned state lawmakers in January.

It's unclear if Nevada's lawsuit is the beginning of that. A preliminary hearing on the lawsuit has yet to be set in federal court.

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