The state of Nevada on Monday filed the first court challenge against the Trump administration’s plan for managing the drought-stricken Colorado River.
What happened: Gov. Joe Lombardo announced the litigation filed in federal district court in Nevada, which challenges the plan finalized by the Interior Department last week under the National Environmental Policy Act and Administrative Procedure Act.
Lombardo — the only Republican governor in the Lower Basin, which also includes Arizona and California — argued that Interior’s plan unfairly saddles those downstream states with sharp water supply cuts.
“Under the proposed plan issued by the Department of the Interior, southern Nevada could lose more than 70 percent of its already meager Colorado River allocation while the Upper Basin states of Colorado, Utah, New Mexico, and Wyoming are not required to contribute a drop,” Lombardo, who is facing a tight reelection fight this fall, said in a statement.
“This isn’t about political posturing; this is a matter of survival for a community that represents about two-thirds of our state’s citizens and the lion’s share of its economy,” he added.
Why it matters: The lawsuit, which seeks a court order blocking the federal government’s plan, threatens to throw management of the West’s most important river into chaos at a moment when water levels at the nation’s two largest reservoir are at historic lows. At risk is the water supply for 40 million people and 5.5 million acres of irrigated farmland, as well as hydropower that is critical to the stability of the Western power grid.
The current rules governing the Colorado River are set to expire at the end of September. After that, the federal government’s overarching plan — along with a two-year operating plan based on a proposal from the Lower Basin states — are set to take effect. A judicial pause on the overarching plan could also jeopardize that operating plan.
The details: While Nevada’s lawsuit focuses on procedural laws, its arguments get to the heart of the long-running fight between the seven states: how much water upstream states must send downstream under a 1922 compact.
Specifically, the lawsuit argues that Interior erred by failing to analyze management options that match the Lower Basin’s interpretation of what they are owed under the compact.
The department did not immediately reply to a request for comment.
What’s next: Nevada is the first state to sue, but it may not be the last. Arizona has hired a white-shoe law firm to represent its interests, and Gov. Katie Hobbs, a Democrat, has spoken repeatedly about defending her state’s interests.
Other parties, including tribes, environmental groups and regional water agencies, could also file challenges.
While NEPA litigation would proceed through district court, if the legal fight ultimately becomes one centered on the states’ compact obligations, that could be routed directly to the Supreme Court under original jurisdiction.
