CAWCD slams federal post-2026 Colorado River FEIS over threat to zero out Priority 4 deliveries
Central Arizona Project, Arizona · Meeting date: August 6, 2026 · Published: August 7, 2026
The Central Arizona Project board is preparing to challenge the Bureau of Reclamation's newly released operational framework, citing "fundamental legal flaws" and a failure to account for 10.3 million acre-feet of Upper Basin reservoir storage.
Key points
- The post-2026 FEIS outlines a 10-year decision framework with Lake Powell releases ranging from 5 million to 12 million acre-feet, and up to 3 million acre-feet in Lower Basin cuts to protect Hoover Dam.
- CAWCD Assistant General Manager of Water Policy Patrick Dent warned that the federal interpretation of water priority could reduce the utility's Priority 4 (P4) deliveries to zero.
- General Manager Brenda Burman criticized the FEIS for containing "fundamental legal flaws" and failing to encourage consensus among basin states.
- Board members expressed deep frustration that the federal framework ignores over 10.3 million acre-feet of storage capacity across 36 Upper Basin reservoirs, contradicting claims that Upper Basin states rely solely on natural river flows.
Full report
The Central Arizona Water Conservation District (CAWCD) is preparing to push back against the Bureau of Reclamation's newly released post-2026 Final Environmental Impact Statement (FEIS) for Colorado River operations, warning that the federal framework could illegally eliminate the utility's Priority 4 water supply.
During the CAWCD board meeting on August 6, 2026, utility leaders expressed deep frustration with the FEIS, which establishes a 10-year decision framework for river operations with specific guidelines to be negotiated at two-year intervals. CAWCD General Manager Brenda Burman stated that the FEIS contains "fundamental legal flaws, fails to encourage consensus among the basin states, and inaccurately portrays Arizona's rights to Colorado River water."
Assistant General Manager of Water Policy Patrick Dent outlined the operational sideboards established in the FEIS. These include Lower Basin cuts of up to 3 million acre-feet to protect critical infrastructure at Hoover Dam, and Lake Powell releases ranging from 5 million to 12 million acre-feet. Dent warned the board that Reclamation's interpretation of the priority system could reduce CAWCD's Priority 4 (P4) deliveries to zero, while potentially reducing deliveries of higher-priority water by up to 3 million acre-feet.
The threat to the district's core water supply prompted sharp reactions from the board. Board member Pat Jacobs questioned whether the federal government has the legal right to zero out the district's allocations. CAWCD General Counsel Jay Johnson confirmed that the United States is asserting rights regarding junior priorities that the district disagrees with "profoundly."
Board members also heavily criticized the FEIS for failing to account for massive water storage volumes held by Upper Basin states. Earlier in the meeting, Nolie Templeton, Manager of Colorado River Policy and Analysis, presented data showing that 36 Upper Basin reservoirs—excluding Lake Powell—have a combined capacity of 10.3 million acre-feet and are currently operating at 63% capacity.
Board President Terry Goddard argued that this data exposes the "untruth" of Upper Basin claims that they are entirely dependent on the natural flow of the river and therefore cannot absorb supply cuts. "They are not dependent upon the annual flow of the Colorado tributaries. They have significant ways of holding it back if necessary so that they can use it in the future," Goddard said, noting that the FEIS ignores this stored volume when mandating Lower Basin reductions.
While CAWCD continues to work with California and Nevada on a short-term agreement to stabilize the river through 2028, Dent noted that the strategy of negotiating two-year operational agreements will likely result in "constant negotiation." The utility is currently awaiting a federal Record of Decision and operating guidelines for 2027 and 2028, but leadership indicated they are prepared to defend the district's allocations. As Dent quoted from Arizona's lead negotiator during his presentation, the state will "assess how and when we might need to preserve Arizona's legal rights."
This summary was generated by AI based on the source document and may contain errors.
Source: Board Meeting , Central Arizona Project