Arizona’s top water official, Tom Buschatzke, is preparing for a potential legal battle over the state’s Colorado River water distribution should ongoing negotiations with other states fall through. Buschatzke is requesting $1 million from Gov. Katie Hobbs and state lawmakers as a “set-aside appropriation” to cover any potential legal expenses if an agreement on water allocation cannot be reached by 2026.
While Buschatzke hopes for a peaceful resolution between the seven basin states, various tribes, and federal agencies, he acknowledges that a legal fight is a real possibility. He continues to stress the importance of collaboration but to be prepared for the worst. If talks do break down, Arizona could face court-imposed reductions in its access to the river, potentially harming the state’s water supply.
The Bureau of Reclamation has warned that climate change and decreasing water availability could require cuts of up to 4 million acre-feet annually, beyond current reductions. The Upper Basin states—Colorado, New Mexico, Utah, and Wyoming—want the burden to fall on the Lower Basin states—Arizona, California, and Nevada—arguing that they are responsible for draining the reservoirs and should bear the responsibility of refilling them.
Buschatzke insists Arizona must protect its entitlement to 2.8 million acre-feet of water, an amount critical to the state’s needs. He also wants to send a message that Arizona will not back down in defending its rights and that we as a state must maintain a significant commitment to protecting our entitlement of the Colorado River.
The current operational guidelines for the river will expire in 2025, and negotiations are underway to create a long-term plan. Buschatzke stresses that any agreement should last at least 20 years to ensure stability. Meanwhile, Arizona has already reduced its water usage, taking only 1.9 million acre-feet this year, compared to its full allocation of 2.8 million, to help maintain water levels in Lake Mead.
Buschatzke’s $1 million request underscores his determination to be prepared for all possible outcomes, including a legal battle to protect Arizona’s water rights. If not funded, Arizona risks being unprepared for any potential legal action should negotiations fail between the agencies.
