The Central Arizona Project (CAP) said Tuesday that it wants to join a lawsuit against the federal government over cuts to Colorado River water. According to CAP, the cuts are illegal.
On Oct. 27, CAP filed a motion in federal court in Nevada to intervene in the pending case against the U.S. Department of the Interior. The suit was filed by the Southern Nevada Water Authority, the Colorado River Commission of Nevada and the state of Nevada. The case was launched in Nevada in late August. Earlier in October, Gov. Katie Hobbs and the Arizona Department of Water Resources joined it.
The dispute concerns the two-year framework for managing the river published by the Bureau of Reclamation. The document requires the Lower Basin states (Arizona, Nevada and California) to reduce their withdrawals by 1.25 million acre-feet of water over two years. CAP argues that the government cannot cut its deliveries on the basis of its lower-priority water rights as long as the Upper Basin is not meeting its water delivery obligations. The Upper Basin includes Colorado, New Mexico, Utah and Wyoming.
CAP General Manager Brenda Burman said the parties that rely on the river have no choice but to turn to the courts. At a news conference Tuesday, she added that CAP’s goal had been to avoid court, but not at the expense of defending its rights. In September, the board of the Central Arizona Water Conservation District voted unanimously to open the way for a possible lawsuit against the federal government.
CAP operates a 336-mile canal system that delivers Colorado River water to central and southern Arizona, including the Phoenix and Tucson areas. It serves more than 50 municipal and industrial customers and 11 tribal communities. In its motion, the district argues that it must defend its water rights separately from the state. In Arizona, those rights are fourth priority, so in the event of shortages they can be curtailed before those of other users.
The Department of the Interior did not immediately respond to a request for comment. When Arizona joined the lawsuit, a department spokesperson wrote that a legal dispute would not increase the amount of water in the river. The court in Nevada has not yet ruled on CAP’s motion.
Source: AZFamily
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