By Howard Fischer
Capitol Media Services
PARADISE VALLEY -- The governor of Utah said Thursday he understands there isn't as much water as before in the Colorado River.
But Spencer Cox is not quite ready to simply accede to demands by Arizona and other "Lower Basin'' states to simply curb the amount of water it takes from the river and its tributaries. Instead, he said, it's going to take talks -- talks that have so far failed to yield the deal that the Department of Interior had given the states until Nov. 11 to resolve when talks broke down.
Arizona Gov. Katie Hobbs said, however, she knows who is to blame.
"The Upper Basin ... has refused to budget at all and refused to take any cuts,'' Hobbs said at the time. "A Colorado River future that puts all the cuts on Arizona, that the Upper Basin doesn't take any cuts, is not acceptable.''
And she backed that up again Thursday at a meeting here of the Western Governors Association.
"The fact is that we've put real water sacrifices on the table for Arizona's Colorado River users and the Upper Basin hasn't put any,'' Hobbs said.
"That kind of a deal is not workable for Arizona,'' she continued. "Our users will not accept where we are waiving our right to the water that the Upper Basin owes us.''
Cox, standing next to Hobbs at a press conference, said he understands her position.
"I'm sure I would have the exact same views as Gov. Hobbs if I was a Lower Basin state,'' he said. "And I'm sure she would have the exact same views that I have if she was in an Upper Basin state.''
Still, Cox said compromise remains possible.
"What matters is that we're working closely together,'' he said. "What matters is the discussions are still ongoing.''
And he said the states are "closer'' to a solution.
But he also conceded that what could drive that solution is the fear of the alternative,
"What matters is that I don't think any of us really want the federal government or a judge to make the ultimate decision, that it's better if we do that together,'' Cox said.
Hobbs, however, questioned whether there really is interest among everyone to reach a deal, especially as one was not achieved by the Nov. 11 deadline.
"The Upper Basin really just ran out the clock, not putting real proposals on the table,'' she said. Now, the feds have set a new deadline of Feb. 14 for the states to come up with a plan.
And Hobbs already has made it clear she doesn't believe there will be a voluntary solution -- at least not without that threat of federal intervention.
After talks broke down, she sent a letter to Interior Secretary Doug Burgum accusing those Upper Basin states of "complete refusal to implement water conservation commitments.''
That letter, also signed by leaders of both parties in the Arizona House and Senate, urged Burgum to use his power to ensure that any solution his agency might impose "contains measurable and enforceable conservation requirements for the Upper Basin to make sure that this critical water resource remains available for Arizona.''
And she said Thursday it could require direct intervention by Burgum to finally get some action.
"I don't know if we'll see a change if the federal government doesn't try to exert some pressure,'' Hobbs said.
Central to the problem is that there is nowhere near the amount of water in the river that was available when it was first allocated among the states in 1922. Even subsequent reductions in allocations among the Lower Basin states have not been able to keep pace with the declining flow due to historic drought conditions.
Subsequent reductions among the Lower Basin states of Arizona, Nevada and California helped ease -- but did not solve the shortfall. Now they want the Upper Basin states of Colorado, Utah, Wyoming and New Mexico to agree to curtail what they are taking from the river, something they have so far refused to do.
That led to the Nov. 11 deadline set by the Department of Interior -- the deadline that came and went. Now there's the new February deadline.
"We know that the Colorado River is a precious resource,'' Cox said Thursday.
"We understand that the hydrology of the river is not what all of us expected it to be,'' he said. "And we know that we're all going to have to work together to figure this out and make sacrifices.''
But even if the Upper Basin states make some sacrifices, Hobbs already has made it clear she believes Arizona deserves special treatment because of the role the state -- and the users of the water -- play nationally.
"The Colorado River fuels our agriculture industry that is important to Arizona as it feeds 90% of North America fresh, leafy greens in the winter months,''she said. "That's important to the nutrition of our country.''
And that, Hobbs said, is just part of the state's special role.
"We are fueling the manufacturing resurgence in America, creating the most advanced chips made in America in Phoenix, as important to our national security and future, the future of our country,'' she said.
Then there's the fact that Arizona is home to 22 of the 30 basin tribes that rely on Colorado River, Hobbs said, along with being one of the fastest growing states in the country.
"That's what's on the table for us,'' she said of the negotiations. "And I'm going to continue to make that case to the folks in the room.''
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