• Over 85,577 acre-feet of water diverted beyond legal rights in 2017.
• Loophole in Colorado’s water laws allows unrestricted water use during “free river” conditions.
• Closing this loophole could help address the ongoing water crisis in the Colorado River Basin.

August 27, 2024 — The University of Virginia’s Darden School of Business has released a study highlighting what it says is a significant issue within Colorado’s water rights system that may be contributing to the ongoing water crisis in the Colorado River Basin. The research shows that, in 2017 alone, water diversions in Division 5 of the Upper Colorado River Basin exceeded legal water rights by over 87,577 acre-feet.

This overuse is caused by a loophole in Colorado’s water laws known as the “free river condition.” Under this rule, when there is enough water to satisfy all users’ rights, anyone—even those without formal water rights—can divert as much water as they wish. While this practice is currently legal, it raises concerns about its impact on the already stressed Colorado River Basin.

The Impact of Excess Diversions.

The study found that these excess diversions account for a significant amount of water that could otherwise be stored for future use or help alleviate shortages downstream. The research suggests that closing this loophole could be a critical step toward better managing the Colorado River’s water resources and mitigating the effects of ongoing drought conditions.

The Call for Reform.

With the Colorado River Basin experiencing its worst drought in over a century, there is a growing recognition that the current water rights system is outdated and needs reform. The study emphasizes that addressing the free river condition could be an important part of broader efforts to bring water use in line with available supply, helping to ensure the long-term sustainability of the Colorado River Basin.

Citation.

Debaere, P., Li, T., Fox, S., Bennett, K., Block, P., Hietpas, K., et al. (2024). Closing loopholes in water rights systems to save water: The Colorado River Basin. Water Resources Research, 60, e2023WR036667. https://doi.org/10.1029/2023WR036667

Related posts:

EPA finds no need for new water regulations What the SCOTUS Rio Grande ruling could mean for other rivers