Record low snow accumulation and warm temperatures in Western river basins raise concern about water supply in the Western U.S.[1]. The future of the Colorado River Basin, one of the most contested water resources in the nation, impacts over 5 million acres of agricultural land and drinking water for a population of over 40 million. It also affects economic stability for major municipalities including Las Vegas. [2] These are all affected by drought and the “Law of the River”.
Spanning water use by seven “Basin States” including southern Nevada, the Basin provides a life source to those states and Tribal Nations. It even crosses the international border into Mexico. This valuable water source has been subject to a multitude of legal disputes for over a century. It additionally faced a critical deadline this past Friday, February 14, 2026. There is much concern about Drought and the Law of the River. The concern is not new according to an earlier article on this site.
Understanding the “Law of the River”
Without a working agreement between the many parties who rely upon it, the future of the Colorado River Basin water supply is increasingly threatened for agricultural, domestic, and municipal users alike. As the threat increases, understanding the tools for water use agreements between states becomes ever more important. So, what really dictates access to water?
Interstate water compacts are negotiated agreements among states (think of the domestic equivalent of international treaties) endorsed by the U.S. Supreme Court as an alternative to litigation. [3]
The Colorado River Compact represents one of the first “successful” interstate water dispute negotiations. It equitably apportions use of the Colorado River between the Upper and Lower Basin states. Nevada, one of the Lower Basin states and the driest state in the country, relies heavily on this apportionment. The compact is still in effect today over a century after its ratification.[4]
Equitable apportionment is a resolution tool specifically designed for disputes between states. When interstate water disputes arise, the Court invokes equitable apportionment principles to distribute water between the parties in line with the water laws of the contending states.
The “Law of the River” includes a series of legal documents: compacts including the Colorado River Compact of 1922, supreme court decisions, federally recognized Tribal reserved water rights, and the 1944 international treaty with Mexico.[5] Together, these treaties, compacts, and decrees govern the allocation of the Colorado River Basin waters. The multitude of users who rely on it each year are governed by these rules.
Drought Contingency Plan
The 2019 Agreement, also known as the Upper Basin and Lower Basin Drought Contingency Plans (DCP) is a more recent addition to address drought and the Law of the River. The DCP is the culmination of negotiations between the seven Basin States facing a 19-year drought.[6] In the DCP, the Basin States voluntarily agreed to reduce water use to avoid regulation by the federal government and hold the Upper Basin States accountable. This theoretically leaves enough water downstream for the Lower Basin States even in years of drought. This type of cooperation is a necessary sacrifice in the face of warmer, drier years ahead and sets a precedent for conservation of the vital water supply. However, the current allocation agreement is at risk due to failure of the Basin States to come to an updated compromise that meets the modern needs of the Basin.
Changes in snow, rain, and temperature distribution as well as increasing pressure on water supply threaten the continued functionality of the current Basin water allocations. The original allocations cannot sustain the current demand. Use already exceeds the current river flows. [7]
The Current Status of Drought and the Law of the River.
Increasingly at odds across the Upper and Lower Basins, the seven states governed by the terms of the Colorado Compact have yet again missed a deadline set by the Secretary of the Interior to properly manage the river water. While Lower Basin users are offering to reduce their allocation, the Upper Basin claims that the Lower Basin States are seeking water that “simply does not exist. This has led to the current impasse.[8]
Failure by the Basin States to reach a deal by February 14, 2026, has resulted in the Secretary of the Interior, the watermaster under the Colorado Compact, taking over negotiations and compelling the states to agree on a compromise plan. The Bureau of Reclamation announced last week that the Department of the Interior will progress with finalizing “operating guidelines” for the Basin by October of this year. This ends a multi-years long process to find adequate alternatives to the current agreement and hopefully avoiding expensive litigation.[9]
Monitoring What is Next
As this (dis)agreement progresses, it is important to stay informed about where your water comes from and who really has a right to it. Sustainable management highly depends on water users knowing and protecting their rights, playing an active role in water use agreements, and speaking up about local policymaking that will aid the longevity of one of the most important water supplies in the West. Only by working together will the future of the Colorado River Basin be stabilized.
[1] https://www.drought.gov/drought-status-updates/snow-drought-current-conditions-and-impacts-west-2026-01-08
[2] https://www.reuters.com/legal/litigation/western-states-miss-deadline-colorado-river-water-rights-2026-02-14/
[3] Legal Control of Water Resources by Barton H. Thompson, Jr.
[4] https://www.unr.edu/nevada-climate-office/about-our-climate
[5] https://www.usbr.gov/lc/region/pao/lawofrvr.html
[6] https://www.usbr.gov/ColoradoRiverBasin/dcp/index.html
[7] https://www.nytimes.com/2019/03/19/climate/colorado-river-water.html
[8] https://www.reuters.com/legal/litigation/western-states-miss-deadline-colorado-river-water-rights-2026-02-14/
[9] https://www.usbr.gov/newsroom/news-release/5283
