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Articles By Harrison Barnes From BCG Attorney Search
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Provide legal advice on a variety of complex commercial legal matters and projects. Position located in Portland, Oregon or Salt Lake City, Utah. Provide legal assessments, interpretations, recommendations, and representation on po...
Nevada has sued the Trump administration over its new Colorado River water plan.
The state says the plan could put too much pressure on Nevada and other Lower Basin states.
The lawsuit challenges a decision by the U.S. Department of the Interior.
The department issued the decision on August 21.
The decision sets a 10-year plan for the Colorado River. It also sets rules for 2027 and 2028.
Nevada filed the lawsuit on August 24.
Two state water groups joined the case. They are the Colorado River Commission of Nevada and the Southern Nevada Water Authority.
The groups want a federal court to stop the plan. They also want the court to review their legal claims.
The case adds a new fight over the future of the Colorado River. It also raises questions about federal power and water rights.
Key Takeaways
Nevada sued the Trump administration over its new Colorado River plan.
The lawsuit challenges a Department of the Interior decision issued August 21.
Arizona, California, and Nevada face major water cuts under the plan.
Nevada says federal officials did not fully study the plan’s effects.
The case involves the legal rules known as the Law of the River.
The lawsuit could affect future talks over Colorado River water.
The case could also draw attention from water and environmental lawyers.
Nevada Fights Trump River Plan
The Nevada lawsuit follows years of failed talks among the seven states that rely on the river.
The Colorado River supplies water to communities, farms, tribes, and businesses across the West.
It also supports many natural areas.
However, years of drought have put more pressure on the river and its reservoirs.
The Interior Department approved its new plan while water levels remain low.
The agency says the plan will protect key water systems. It also aims to maintain water supplies during the drought.
Nevada disagrees with the plan.
The state says the plan could place too much of the water shortage on Lower Basin states.
It also says federal officials did not fully study the plan’s effect on Southern Nevada.
Who Joined Nevada’s Lawsuit?
Nevada filed the lawsuit with two state water groups.
They are the Colorado River Commission of Nevada and the Southern Nevada Water Authority.
Both groups are challenging the federal plan in court.
The defendants include the U.S. Department of the Interior and Interior Secretary Doug Burgum.
The Bureau of Reclamation and its commissioner, Aubrey Bettencourt, are also defendants.
The Interior Department has declined to comment on the pending case.
Colorado River Water Cuts Drive Lawsuit
The federal plan calls for large cuts to Lower Basin water supplies.
Under the 2027 and 2028 rules, the three Lower Basin states face a combined cut of 1.25 million acre-feet each year.
The cuts could include 760,000 acre-feet for Arizona.
California could face a 440,000-acre-foot cut.
Nevada could face a 50,000-acre-foot cut if the states adopt their proposed sharing plan.
The plan also calls for the Lower Basin states to conserve and store at least 700,000 more acre-feet over two years.
However, Nevada’s lawsuit focuses on the larger 10-year plan.
The state says that plan could hurt its water supply.
Nevada Faces a Large Potential Reduction
Nevada has the smallest Colorado River water allocation among the seven basin states.
Its allocation is 300,000 acre-feet.
Nevada says the plan could cut that amount by as much as 213,556 acre-feet.
That would leave Southern Nevada with less than 86,500 acre-feet each year.
The region used slightly less than 212,500 acre-feet in 2024.
Therefore, the possible cut is a key issue in the lawsuit.
Nevada Raises Legal Claims
The lawsuit also questions how federal officials made their decision.
Nevada says officials did not study enough options before approving the plan.
The state also says officials did not fully study the plan’s economic effects.
In addition, Nevada says the government did not look closely enough at ways to reduce those effects.
A federal court could review how the agency reached its decision.
Environmental Review Faces Challenge
The case also raises questions about the federal environmental review.
The Interior Department and Bureau of Reclamation reviewed the plan before approving it.
The National Environmental Policy Act process began in June 2023.
However, Nevada says the review did not fully address the economic effects of major water cuts in Southern Nevada.
The state also says the Interior Department should have given more attention to the local economy.
As a result, the case could test how federal agencies review major water decisions.
What Is the “Law of the River”?
The lawsuit also involves the rules that govern Colorado River water.
Lawyers call this system the Law of the River.
It includes federal laws, state agreements, treaties, court decisions, and other rules.
These rules help decide how states and other users can use Colorado River water.
Therefore, the Nevada case involves more than one water plan.
It also raises questions about how federal officials should balance water claims.
The case shows the growing gap between old water rules and today’s lower water supplies.
Why the Upper Basin Matters
Seven states rely on the Colorado River.
The Lower Basin includes Arizona, California, and Nevada.
The Upper Basin includes Colorado, New Mexico, Utah, and Wyoming.
Under the new plan, the Lower Basin states face required cuts.
Meanwhile, the Upper Basin states do not face similar cuts under the 2027 and 2028 rules.
That difference has drawn criticism from Nevada and other Lower Basin groups.
Nevada says all seven states should help find a long-term solution.
Years of Talks Have Failed
The lawsuit follows several years of talks about the future of the Colorado River.
The seven states have struggled to agree on how to share future water cuts.
Meanwhile, drought has continued to put pressure on the river.
The Interior Department says the basin has faced a long drought.
Reservoir levels have also fallen to very low levels.
As a result, the lawsuit could become an important Colorado River case.
Legal Impact
The case could draw attention from lawyers in several fields.
Administrative law attorneys will likely study how federal officials made their decision.
Environmental lawyers may examine the federal review of the plan.
Water-rights attorneys will have a direct interest in the fight over water supplies.
They may also focus on the Law of the River.
Furthermore, lawyers who advise states, water agencies, farms, utilities, tribes, and businesses may follow the case.
The lawsuit shows how water shortages can lead to major legal fights.
What Happens Next?
Nevada wants the federal court to set aside the Interior Department’s decision.
The state also wants to stop the plan until its concerns are addressed.
A preliminary hearing had not been scheduled as of August 24.
Next, the federal government will have a chance to respond.
The court could then review the agency’s authority and its environmental review.
It may also decide whether Interior followed the law when it approved the plan.
Meanwhile, the seven Colorado River states will face pressure to reach a long-term agreement.
The federal plan is designed to last 10 years.
However, the Interior Department will continue to review river conditions.
The agency may also take further action if conditions change.
Frequently Asked Questions
Why did Nevada sue the Trump administration?
Nevada sued to challenge the federal Colorado River plan.
The state says the plan could lead to major water cuts.
It also says federal officials did not fully address legal, environmental, and economic concerns.
What does the Colorado River plan do?
The plan sets rules for managing the Colorado River.
It creates a 10-year framework.
It also sets major water cuts for Lower Basin states in 2027 and 2028.
Which states face Colorado River water cuts?
Arizona, California, and Nevada are the Lower Basin states facing major cuts.
The Upper Basin states are Colorado, New Mexico, Utah, and Wyoming.
How much water could Nevada lose?
Nevada says its 300,000-acre-foot allocation could fall by as much as 213,556 acre-feet.
That would leave the state with less than 86,500 acre-feet each year.
What is the Law of the River?
The Law of the River is the name for the rules that govern Colorado River water.
It includes laws, agreements, treaties, and court decisions.
Why is the Colorado River important?
The Colorado River supplies water to more than 40 million people.
It also supports farms, power plants, tribes, businesses, and natural areas.
What happens next in the Nevada lawsuit?
The federal court will review Nevada’s challenge and the government’s response.
The case could affect the federal water plan.
It could also affect future talks over Colorado River water.
The Bigger Fight Over Western Water
Nevada’s lawsuit is about more than one federal water decision.
It reflects a larger fight over how the West should manage the river during a long drought.
For lawyers, the case brings together federal law, environmental review, and water rights.
Therefore, the case could have effects beyond Nevada.
As the case moves forward, lawyers, state officials, water agencies, and businesses will watch closely.
Court rulings could help shape the future of Colorado River water law.
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