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In response to looming Colorado River water decisions, former Interior Secretary Bruce Babbitt is urging the Biden administration 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 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 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 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 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 across all Lower Basin states and water uses.
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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.”
