Unfinished Business: Twenty-First Century Questions Posed by Ambiguities in the Upper Colorado River Basin Compact and the Law of the River

The Law of the River, particularly those components relating to Upper Colorado River water allocation, usage, and measurement, is rife with ambiguities and uncertainties. In the twenty-first century, facing a future with less water, these ambiguities pose serious problems. The ongoing process for the development of the Post-2026 Colorado River Operating Guidelines presents an ideal opportunity to address these issues. This Article gives a brief history of the Law of the River, with an eye toward the origins of the stream depletion theory, beneficial consumptive use, and tribal water allocations.

The authors then explore potential approaches to addressing the challenges posed by these three areas. The Article concludes by urging water leaders in the Upper Colorado River Basin to consider these solutions in their development of Post-2026 Guidelines.