From Center for Western Priorities <[email protected]>
Subject Look West: Could the Interior Department cut farmers' access to the Colorado River?
Date April 11, 2023 1:54 PM
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Look West: Public lands and energy news from the Center for Western Priorities


** Could the Interior Department cut farmers' access to the Colorado River?
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Tuesday, April 11, 2023
Irrigation canal in California's Imperial Valley, Wikimedia Commons ([link removed])

In response to looming Colorado River water decisions, former Interior Secretary Bruce Babbitt is urging the Biden administration ([link removed]) to make significant cuts to agricultural water use using a seldom-used regulation that allows the Bureau of Reclamation to order water use reductions. The seven Colorado River basin states missed a deadline ([link removed]) last year to agree on a plan to cut up to 4 million acre-feet of water per year, with California unable to come to an agreement with other Lower Basin states.

The regulation in question, Section 417 ([link removed]) in the Federal Code, was established in the 1960s to define the Bureau of Reclamation's role in supervising water use in the Lower Basin states. It grants the agency the authority to limit the amount of water delivered if it is not considered to be in “beneficial use.” Babbitt argues ([link removed]) that with current water shortages, the definition of “beneficial use” may need to be revised to include specific agricultural practices. To do so, the Bureau of Reclamation would need to evaluate a range of factors, such as the location, climate, type of irrigation system, crops being grown, and water infrastructure condition.

Though the use of Section 417 would draw legal challenges and litigation, Babbitt argues that the current water shortage would provide a legal advantage, stating ([link removed]) that “the distinction between a normal year and a shortage year is very significant. The discretionary power of the secretary in a shortage year is vastly different than in a normal year.”

Farmers in California are critical of the notion that the Biden administration could use Section 417 to cut their water use. They argue that the regulation would need to be applied broadly ([link removed]) across all Lower Basin states and water uses.
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Quote of the day
” From my vantage point, you don’t need to be a rocket scientist to understand that this project, which the Senator said would enable 4.7 billion gallons of oil to travel adjacent to this river, is not a smart idea.”
—Representative Joe Neguse, Glenwood Post Independent ([link removed])
Picture this

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** @USFWS ([link removed])
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Sandhill cranes have been making their way across the country from their wintering grounds to their breeding grounds across the northern US and Canada. Did you see any during this year's migration? Photo: Aaron Lewis at Valle de Oro National Wildlife Refuge in NM.

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