Arizona Republicans Applaud Federal Legislation to Expand Colorado River Water Supplies

Lake Mead water levels behind the Hoover Dam in July 2022 show the effect of long-term drought. (Photo by Christopher Clark/Bureau of Reclamation)

Biggs’ plan would speed new water project, direct $19 billion in supply and infrastructure, and restore the Yuma Desalting Plant

Contributed Article

PHOENIX – Republican leaders in the Arizona State Legislature today applauded federal legislation introduced by Congressman Andy Biggs that would authorize $19 billion to increase the water supply available to the Colorado River Basin as shrinking supplies threaten Arizona families, farms, businesses, and the state’s continued growth.

Introduced in Congress this week, the Colorado River Basin Water Security and Infrastructure Act would shift the focus from dividing a shrinking supply to developing additional water. The legislation would cut federal permitting delays, help finance desalination, storage, recharge, treatment, and conveyance projects, restore the Yuma Desalting Plant, and support major new water infrastructure across all seven Basin states.

“Arizona can’t make it rain or snow, but we can take action to secure our water future,” said Senate President Warren Petersen. “Arizona has known for years that shortages could put the Central Arizona Project at risk. Valuable time to develop alternative supplies has already been lost, and we cannot afford to lose any more. That’s why we worked with Congressman Biggs to make sure Arizona’s priorities helped shape this federal plan.”

The bill would require federal agencies to determine whether a permit application is complete within 30 days and issue a final decision within 180 days, with a limited 90-day extension. Qualifying water-supply projects would be exempt from review under the National Environmental Policy Act, while remaining subject to other applicable federal laws.

“Congressman Biggs has put forward a serious proposal that addresses the problem Arizona should have started preparing for years ago: we need more water,” House Speaker Steve Montenegro said. “For too long, the discussion has centered on how to divide a declining supply. This legislation takes a better approach by removing unnecessary federal delays and putting real resources behind projects that can increase supply. Long-term water augmentation is the path forward.”

The legislation would create a $5 billion Colorado River Basin Water Augmentation Program to support projects that increase, store, treat, or transport water. States, Tribes, cities, utilities, nonprofits, and private entities would be eligible to seek funding, with the federal government providing $2 for every $1 in non-federal funding.

Priority would be given to projects that increase the available water supply, benefit multiple states, support municipal water needs, and reduce reliance on the Colorado River.

“Our job is to make sure Arizona families and businesses have reliable water without driving up costs,” said Senate President Pro Tempore and Natural Resources Committee Chairman T.J. Shope. “We cannot solve a water shortage by arguing over smaller and smaller shares of the river. We need to make the pie bigger, and this bill gives Arizona, and the other Basin states practical ways to bring more water into the system.”

The legislation would direct the U.S. Department of the Interior to restore the Yuma Desalting Plant to operational status within 180 days and authorize $1 billion for its restoration, operation, modernization, and expansion. Operating the plant would allow treated agricultural drainage water to help satisfy U.S. treaty obligations to Mexico, preserving an equivalent amount of water in the Colorado River system.

The bill would also authorize $1 billion to support seawater desalination facilities in Mexico. Water produced by those facilities could help satisfy U.S. treaty obligations and reduce the amount of Colorado River water that must be delivered from the United States.

These provisions would create additional options for protecting Arizona’s water supply as the state faces the possibility of reduced Colorado River deliveries through the Central Arizona Project.

“We need to stop trading paper around and start bringing new, real wet water into the state. Congressman Biggs’ plan prioritizes just that,” House Speaker Pro Tempore Neal Carter said. “Instead of focusing on scarcity, as Governor Hobbs has done by instituting water-use moratoriums and vetoing bills designed to authorize access to new water, Biggs’ bill plans for prosperity and abundance through the development of new water sources.”

The legislation would also authorize $12 billion for federal water infrastructure projects throughout the Basin. Those provisions would include feasibility studies and potential construction of water-capture projects in California, augmentation and storage projects serving Arizona and Nevada, and water infrastructure and forest restoration projects in the Upper Basin. Those Upper Basin projects could not be used to justify sending less water downstream.

The bill would preserve existing Colorado River entitlements, state water priorities, and lawful water uses. It would not modify state water rights, interstate compacts, or the Arizona v. California decree.

Arizona remains responsible for federal repayment costs associated with the Central Arizona Project, even if less water moves through the canal. Increasing the available supply would reduce pressure on the Colorado River system and help protect the ratepayers who ultimately bear those costs.

“Expanding water supply should be a bipartisan priority,” House Natural Resources, Energy & Water Committee Chairman Gail Griffin said. “We need a long-term solution that protects the Colorado River system and works for everyone who depends on it. House and Senate Republicans support Congressman Biggs’ legislation and will continue working on state policies that protect existing residents, increase supply, and support rural economies.”