Wyoming officials warn Nevada lawsuit could reshape Colorado River water rules
State Engineer Brandon Gebhardt and Attorney General Chris Brown told lawmakers that federal court decisions in Nevada might override current Bureau of Reclamation management of the river.
By Oliver Bennett ·
Wyoming state officials told the Legislature’s Select Water Committee on Friday in Casper that a federal court case in Nevada could determine how the state manages its share of Colorado River water. State Engineer Brandon Gebhardt and Chris Brown, supervising attorney general for the water section, presented the update to lawmakers. They noted that the Upper Colorado River Commission has not yet decided if the four Upper Basin states will intervene in the lawsuit filed by Nevada and joined by Arizona.
Representative Martha Lawley, R-Worland and co-chair of the water committee, expressed concern that a Nevada federal judge could effectively take over water management duties currently handled by the Bureau of Reclamation. She stated that the potential impact on Wyoming cannot be ignored. Brown agreed with her assessment, telling her during the meeting that her view was accurate from his perspective. He added that disputes regarding the 1922 Colorado River Compact might eventually reach the United States Supreme Court rather than staying in federal district court.
The legal conflict stems from Nevada’s August lawsuit in the U.S. District Court for the District of Nevada. Arizona joined as a second plaintiff in October. The states argue they cannot accept water allocation cuts mandated by the Department of the Interior’s 2027-2028 operating guidelines. These guidelines are part of a larger 2027-2036 decision framework. Arizona Governor Katie Hobbs described the proposed cuts as draconian, while Nevada cited the heavy reliance of Las Vegas on the river for about 90% of its water supply. The federal government is expected to file its response to the complaints by December 10.
Separately, Gebhardt reported on the status of Flaming Gorge Reservoir, which sits on the Wyoming-Utah border. Under current drought response agreements, up to 1 million acre-feet of water may be released from Flaming Gorge through April 2027 to compensate for shortages at Lake Powell. By the end of October, approximately 458,000 acre-feet had already been removed from the reservoir. Tony Valdez, owner of the Buckboard Marina on the Wyoming side, told Cowboy State Daily that the drawdowns have effectively destroyed his business.
Heavy rainstorms and flooding in the Four Corners region during October caused a natural surge into Lake Powell. Gebhardt acknowledged the surge provided hydrological relief but noted it brought devastating consequences for infrastructure and people in the area. As of Thursday, Lake Powell’s surface elevation had risen 17.6 feet from the start of October. However, Gebhardt emphasized that the lake remains at only 27% of its capacity. He stated that the boost improves conditions but does not solve the underlying shortage.
Gebhardt said the state’s primary strategy is to seek consensus among the states rather than pursuing litigation. He also emphasized the need to keep Upper Basin reservoirs full to minimize evaporation and ensure water reaches more locations. Given long-running drought conditions, replenishing Flaming Gorge remains a top priority for the coming winter, a move Gebhardt said the state will actively pursue.
