An environmental organization is floating a concept that could help the Colorado River system during extremely dry years like this one and keep the nation’s two largest reservoirs above critical thresholds.

Boulder-based Western Resource Advocates has released a concept paper that explores the idea of a flexible pool of water that can be moved wherever it’s needed most among the basin’s biggest reservoirs.

Water users in the Lower Basin states — California, Arizona and Nevada — currently have about 3.2 million acre-feet stored in Lake Mead through voluntary conservation and efficiency measures. Water users bank water in this pool, known as the Intentionally Created Surplus, and can take this water back out again to use under certain circumstances.

The paper’s authors — John Berggren, a regional policy manager with Western Resource Advocates, and Kevin Wheeler, principal and engineer with Water Balance Consulting — used the ICS pool as an example to explore how the idea would work. They say that if the ICS pool could be moved from Lake Mead to Lake Powell, the U.S. Bureau of Reclamation could have a buffer to more easily protect Glen Canyon Dam infrastructure, minimize the need for large releases from upstream reservoirs and reduce the risk of litigation among the seven basin states that share the Colorado River. 

“If you took a million or two million acre-feet out of Mead in the form of a conservation pool and moved it to Powell, then you could protect Powell without having to do all the DROA and the 6e releases,” Berggren said. “This is a perfect year where we would like to have the flexibility to move this water wherever it’s needed most, in this case in Powell.”

Berggren is referring to the actions that the federal government is taking this year: releasing up to 1 million acre-feet from Flaming Gorge Reservoir to prop up Powell, as well as reducing releases down to just 6 million acre-feet from Powell instead of the originally expected 7.48 million acre-feet. Projections from Reclamation show the reservoir falling below 3,500 feet by this summer if these actions aren’t taken, jeopardizing the ability to make hydropower at Glen Canyon Dam.

This is a pivotal moment for the Colorado River Basin’s 40 million water users, with a historically bad snowpack and streamflows pushing reservoir levels to new lows and management into crisis mode. The seven states that share the river have not been able to reach an agreement for how reservoirs will be operated and shortages will be shared after the current framework expires this year. The feds are poised to step in with their own management rules, but the actions they are allowed to legally take may not go far enough to keep the system from crashing.

An invisible pool

Berggren’s paper lays out a surplus pool that would be flexible and “operationally neutral,” and would be separate from the rest of the stored water in both reservoirs. That means it wouldn’t count toward calculations of how much water is in Lake Powell or Lake Mead for the purpose of determining how water shortages would be shared. 

There isn’t a way to physically move water upstream, but according to WRA, water could be transferred between reservoirs through adjustments to dam releases and careful accounting. A pool could be “moved” from Mead to Powell by holding back water in Powell. It could be moved back to Mead by increasing releases from Powell.

The concept paper does not advocate for taking such actions this year, presenting them as a potential strategy to be used under a new river management framework that is being hashed out between the states that share the river and the federal government.

“There are a lot of concerns about operational neutrality, but we’re trying to show that it’s actually not that scary and can provide benefit with less risk than the current options,” Berggren said.

Reservoir levels in Mead currently determine how deep cuts to the Lower Basin states are; as Mead is drawn down, it triggers deeper cuts. Some water experts have said the ICS pool allows Lower Basin water users to game the system. By leaving their water in the ICS pool, it keeps reservoir levels artificially high and lets water users avoid taking deeper cuts. If the ICS pool had remained separate from the rest of Lake Mead, shortage triggers and mandatory conservation would have happened earlier. 

Making this pool “operationally neutral,” or invisible to reservoir operations, fixes this issue.

In a proposal submitted to the federal government May 1, the Lower Basin states expressed support for this concept, but they did not lay out a plan to implement it. 

“The goal is to achieve operational neutrality of ICS,” the submittal reads. “The Lower Division States will continue to determine when and how to convert ICS to operational neutrality at higher elevations in Lake Mead.” 

They also said the long-term goal is to create an operationally neutral common pool of new water savings to be strategically deployed at low elevations to help delay and offset additional reductions to the Lower Basin. 

Some experts say there are concerns and unanswered questions about these types of pools. The dividing line where water delivery is measured from the Upper Basin (Colorado, New Mexico, Utah and Wyoming) to the Lower Basin is Lee Ferry, just downstream of Lake Powell. Water measured at this location determines whether the Upper Basin remains in compliance with the 1922 Colorado River Compact. Moving water between reservoirs would have to deal with this issue.

“You would just have to agree on the rules of when is it considered a delivery at Lee Ferry and when isn’t it a delivery at Lee Ferry,” said Colorado River expert and author Eric Kuhn.

Another problem is that removing the ICS pool from reservoir accounting would leave a 3.2-million-acre-foot hole in Lake Mead that would need to be filled. 

“It’s hard to get there because there isn’t a way to make ICS operationally neutral unless you impose the shortages that would occur if the ICS weren’t there,” said Kathryn Sorensen, director of research and professor of practice at the Kyl Center for Water Policy at Arizona State University. “I don’t know how else you can do it. You have to pay the piper.”

The infamous bathtub ring around Lake Mead can be seen in this photo of the intakes at Hoover Dam in December 2021. A conservation organization says flexible pools could be used to “move” water from Lake Mead to Lake Powell, where water levels could be critically low this year. Credit: Heather Sackett/Aspen Journalism

Lower Basin proposal

Last week, the Lower Basin states submitted a proposal to Reclamation to operate the reservoirs through 2028 that includes more conservation. This short-term deal could provide a temporary fix while states continue to hammer out a long-term strategy to share the river. 

The Lower Basin states are proposing to cut another 700,000 acre-feet of water per year through 2028, on top of the 1.5 million acre-feet they had already promised. California and Arizona will each take another 300,000 acre-feet of cuts and Nevada will take a cut of 100,000 acre-feet. The proposal does not include any mandatory conservation from the Upper Basin. 

“It was a monumental undertaking in a very short time frame to come up with all of this,” said JB Hamby, California’s lead negotiator. “We need a bridge to the future, and we welcome and look forward to an opportunity for a full seven-state deal where all states are part of the solution.”

The Lower Basin proposal also says that this year’s release from Flaming Gorge to prop up Powell should be as close to the maximum amount of Reclamation’s range of 1 million acre-feet as possible. The proposal also calls for increasing releases from Lake Powell if hydrology and projected reservoir levels improve.

“The intent under improved hydrology is to share the benefits of improved hydrology between both basins,” the proposal reads. 

Colorado’s negotiator, Becky Mitchell, said in a prepared statement that the Lower Basin’s proposal for water-use reductions is a good first step but they still call for too much water to be released out of Lake Powell and other Upper Basin reservoirs.

“The Lower Division States’ proposal would also drain the Upstream Initial Units with limited opportunities for recovery,” Mitchell’s statement reads. “Lake Powell should properly be viewed as a savings account for the Lower Basin: The Lower Basin’s own resiliency depends upon it. The entire Basin should support sustainable, supply-driven operations at Lake Powell that rebuild storage.”

Upper Basin officials have proposed a mediator to help move the needle on talks about future management to try to get to a seven-state deal.

Berggren said that although the concept of a flexible, floating pool doesn’t solve the basic supply-and-demand problem on the Colorado River, it’s still an important tool for future management. 

“There are a bunch of other things needed, including Lower Basin users and Upper Basin users using less water overall,” Berggren said. “This is just one component. But it helps provide some benefit in dry years like this one.”

Heather Sackett is the managing editor at Aspen Journalism and the editor and reporter on the Water Desk. She has also reported for The Denver Post and the Telluride Daily Planet. Heather has a master’s...