Abstract
The Colorado River is a vital water source for the western United States, yet the river is governed by disjointed and outdated policies that have left water management fragmented and water quantities overallocated. Groundwater is an overlooked component of Colorado River Basin (CRB) water supplies, making it vulnerable to overuse from disparities in uncoordinated protective management strategies. In this study, we analyzed state level groundwater policies to reveal the diversity and efficacy of groundwater governance mechanisms. The existing groundwater management plans for each state throughout the basin are fragmented and limited in scope. We found that with policies only covering 22% of the basin, they do not provide adequate protection at the basin scale for the sustainable use of groundwater resources in the face of increasing demands, creating a positive feedback loop that reinforces the scarcity issue. We conclude that a comprehensive management plan that can fully address resource use throughout the CRB is necessary for the sustainable use of groundwater and its contribution to base flow in the Colorado River. We suggest that such a plan could be derived through an interstate compact like the Colorado River Compact that is used for surface water management.
1 Introduction
The Colorado River is the seventh largest river in the United States based on its 2,334-km length and 630,000 square kilometer area stretching across seven United States and two Mexican states, making it a transboundary and transnational river (; Figure 1). Annually, the Colorado River discharge ranges between 5.4 km3 and 29.6 km3, with an annual average of 16.7 km3 (; ; ). Today, this flow supports over 50 million people, and by 2030, that population is expected to increase by 23 million (; ).
FIGURE 1
The Fourth National Climate Assessment suggests the region is likely to become drier and experience more severe droughts than those already observed. If current flow of the Colorado River is not sufficient to meet demand, then drying climate will complicate the strain on the river water supply further. The Southwest is in a period of aridification (). Trend analyses of springs in the Grand Canyon document the decline of base flow since the 1990s () and how aridification in the aquifers adjacent to the Grand Canyon has had a larger impact on aquifer storage than groundwater pumping (). The increasing global temperatures that reduce spring snowpack and soil moisture content are consequently lowering river discharge (; ). In the Colorado River, these hydrologic changes are decreasing the annual mean discharge by an estimated 9.3% for every degree Celsius of atmospheric warming ().
Groundwater throughout the Colorado River Basin (CRB) is also at risk, with a total loss of 50.1 km3 of storage from 2004–2013, whereas the surface water loss was only 14.7 km3 (). This trend is forecasted to continue with increasing rates of water storage decline (; Rahaman et al., 2019). These kinds of water loss trends merit attention, especially groundwater as it has experienced the most decline. Groundwater storage decline has direct and proportional effects on groundwater discharge, or base flow, to rivers (). Groundwater storage is a shared resource–its decline has both local and basin scale effects. Recharge rates for the local aquifers are often very slow and do not show the signs of overuse immediately (; ; ). The base-flow response to the decline in groundwater storage has not been observed in the Grand Canyon region, but the effects could be delayed and unprecedented (), especially with a shift from snow-dominated to rain-dominated recharge processes (). projected that the base-flow contribution in the Upper Colorado River Basin could decline by up to 33% by the 2080s. The base flow is contributed from two principal aquifer systems in the CRB; the Colorado Plateau Aquifers that generally consist of water bearing permeable sedimentary rock units in the Colorado Plateaus Physiographic Province, and the Basin and Range Aquifers that consist of water-bearing alluvium filled basins separated by mountain ranges (; Figure 2).
FIGURE 2
The rights to the limited water supply in the CRB have long been a contentious issue. In the early 1920s, tensions between the basin states grew in response to fears over the rapid population growth in California that gave the state disproportionate priority rights to the water compared to the slower-growing upriver states (
In 1922, the basin states along with the federal government, developed an agreement to share water resources, known as the Colorado River Compact. This compact determined the allocation of Colorado River water and divided the basin into two parts: the Upper Basin and the Lower Basin (
However, the Colorado River Compact naively overallocated the water based on hydrologic data from abnormally wet years that were producing annual flows 3.7 km3 higher than average at Lees Ferry (
Complicating the overallocation of the river, federally recognized Tribes within the basin have secured Federal Reserved Water Rights to an estimated 3.6 km3 since the passage of the Colorado River Compact and continue seeking their rightful allocations through ongoing state adjudications, pushing the states closer to using their full allocated amounts (
Similar groundwater shortages and associated management problems that have occurred in the High Plains of the United States and in South America can be used as comparative cases. In the United States, the Ogallala Aquifer is a highly used shared water resource for the states of Colorado, Kansas, Oklahoma, Nebraska, New Mexico, Texas, South Dakota, and Wyoming (
With both groundwater and surface water storage declining in the CRB, shortages are occurring. The declines are most visible in the notably low surface water levels of the Lake Mead and Lake Powell reservoirs as well as in the ground subsidence and fissures from groundwater mining in the Lower Basin (
TABLE 1
| Shortage tier | Projected January 1 lake mead elevation (feet msl) | Volume of water supply cutbacks by state (acre feet) | |||
|---|---|---|---|---|---|
| Arizona | Nevada | California | Lower division states total | ||
| Tier 0 | At or below 1,090 and above 1,075 | 192,000 | 8,000 | 0 | 200,000 |
| Tier 1 | At or below 1,075 and above 1,050 | 512,000 | 21,000 | 0 | 533,000 |
| Tier 2a | Below 1,050 and above 1,045 | 592,000 | 25,000 | 0 | 617,000 |
| Tier 2b | At or below 1,045 and above 1,040 | 640,000 | 27,000 | 200,000 | 867,000 |
| Tier 2b | At or below 1,040 and above 1,035 | 640,000 | 27,000 | 250,000 | 917,000 |
| Tier 2b | At or below 1,035 and above 1,030 | 640,000 | 27,000 | 300,000 | 967,000 |
| Tier 2b | At or below 1,030 and at or above 1,025 | 640,000 | 27,000 | 350,000 | 1,017,000 |
| Tier 3 | Below 1,025 | 720,000 | 30,000 | 350,000 | 1,100,000 |
Incremental allocation cutbacks based on shortage tiers in the Colorado River Basin.
Surface water remains the focus for basin-wide initiatives, despite recent studies throughout the basin showing groundwater declines to be 75% of the basin loss and the base flow of the Colorado River to be 56% (
As states attempt to meet continued water resource demands with allocation reductions of surface water via the DCP, it is likely that states will utilize more groundwater. Groundwater will become collateral damage with increasing withdrawals used as a stopgap, ultimately leading to overuse of the resource (
2 Methods
To understand the scope of state groundwater governance, we analyzed extant policies in the seven United States basin states. We then summarized the ways that each state allocates groundwater resources, the year the first groundwater policies were enacted, the year of the most recent policy update, the groundwater well permitting agency, the major governing entity, and the areas of protection for each state. These differences in policies were then examined spatially to see the extent of governance across the CRB.
3 Results
Every CRB state has a unique approach to the allocation and management of groundwater rights. Table 2 provides a summary for each state based on the groundwater allocation policy type, when the first and most recent groundwater policy was enacted, whether groundwater is managed in conjunction with surface water, what agency permits well development, the entity governing groundwater regulations, and the areas that have higher protection management in place.
TABLE 2
| State | Groundwater allocations | Year first/Most recent policy enacted | Managed with surface water | Well permitting agency | Governing entity | Protection areas |
|---|---|---|---|---|---|---|
| AZ | Reasonable use | 1945/1980 | No | Department of water resources | Department of water resources | Department of water resources |
| CA | Correlative rights and reasonable use | 2014/2018 | No | Department of water resources | Department of water resources | Department of water resources |
| CO | Prior appropriation | 1965/2015 | Yes | Active management areas | Active management areas | Active management areas |
| NV | Prior appropriation | 1939/2017 | Yes | Local agency (under DWR standards) | Local agency (under DWR standards) | Local agency (under DWR standards) |
| NM | Prior appropriation | 1978/2018 | Yes | Water resources control board | Water resources control board | Water resources control board |
| UT | Prior appropriation | 1935/2012 | Yes | Priority basins | Priority basins | Priority basins |
| WY | Prior appropriation | 1947/2015 | No (Yes, if found to be connected) | Division of water resources and state engineer’s office | Division of water resources and state engineer’s office | Division of water resources and state engineer’s office |
A summary for each state based on the groundwater allocation policy type, when the first and most recent groundwater policy was enacted, whether groundwater is managed in conjunction with surface water, what agency permits well development, the entity governing groundwater regulations, and the areas that have higher protection management in place.
Groundwater allocation in the CRB falls into three main policy categories, Prior Appropriation, Correlative Rights, and Reasonable Use. Prior Appropriation allocates water to the first user who puts the resource to beneficial use. This user has priority over all subsequent rights holders, for the quantity that was initially put to use. Prior Appropriation is the dominant policy governing allocation of groundwater in the CRB states with five of the seven states following this doctrine (Table 2). The upper basin states are completely governed by Prior Appropriation (excluding Arizona’s upper basin rights), while the lower basin states have a more diverse policy base of Correlative Rights and Reasonable Use (Figure 3A). Correlative Rights allocates water based on the parcel size.
FIGURE 3

(A) Colorado River Basin states showing the governing policy of groundwater and (B) management of groundwater and surface water connection.
The landowner can use the groundwater from the underlying aquifer equitably based on the amount of land owned. The amount of water allocated with this doctrine also requires the water pumped to be limited to reasonable use, rather than an unlimited supply. Reasonable Use, also known as the American Rule, allocates water to the user as long as the use is reasonably utilized. Arguably a subjective term, reasonable use thus falls into a very broad definition that allows almost any use of water. However, there are restrictions on wasteful use and exportation of water from the location of extraction.
Some states started management plans as early as the 1930s and ‘40s (e.g.: Arizona - 1945, Utah - 1935, and Wyoming - 1947), however, these plans were limited in scope, focusing only on legally defining groundwater and developing registration systems (
Despite improvements, these states still lack an integrated approach to water governance that includes the connection of groundwater and surface water. Currently, there is a split in whether states manage surface and groundwater separately or together. Two states manage them separately, four together, and Wyoming separates them unless the resources are found to be connected. This split, however, again aligns generally between the upper and lower basin division (Figure 3B). The upper basin tends to manage the resource together, while the lower basin separates surface and groundwater management. This interaction between groundwater and surface water cannot be ignored in the management of the CRB and the allocations of water. Groundwater’s substantial contribution to Colorado River flow needs to be included in a basin-wide management plan.
States’ regulations on well permitting are mostly the responsibility of the State Engineer or the state Division of Water Resources (Table 2). These agencies oversee issuing well permits and maintaining groundwater records. However, when it comes to the governing entity of groundwater, the states differ from the permitting agency. The differences are seen with half of the states, where either a different state office was involved, or the court system was involved in governing the resource. The existence of similar well permitting (five of the seven states permit from the state engineer’s office) and the governance of the resource (four of the seven states are based in the Department of Water Resources), show potential for a cooperative interstate agreement.
The total area of protection is limited within the CRB states with only 139,000 square kilometers or 22% of the CRB covered. The actual areas of protection are titled differently, but are generally small, highlighted areas of use for each state. Arizona has five Active Management Areas (AMA) and three Irrigation Non-Expansion Areas (INA) all except for one INA are within the CRB. AMAs are the strictest management for Arizona, with each area having different management focused to meet the area’s individual goals (
4 Discussion
4.1 Patchwork of policies
Because the governance of water rights is largely devolved to states in the United States federal system (
There are examples of this kind of federal and interstate cooperation working toward sustainable management. The Ogallala aquifer is a direct comparison case of groundwater management with beneficial intervention from the federal level in an interstate agreement. The Ogallala Aquifer Initiative (OAI) is an agreement between eight states where federal aid supports local management efforts for the greater benefit of the aquifer (
The existing assortment of policies in the CRB remain surface water focused. Mandated surface water cuts have already begun in the Lower Basin with the designated shortages of the DCP. Arizona and Nevada curtailed their annual Colorado River Apportionment by 592,000 acre-feet (0.73 km3) and 25,000 acre-feet (0.03 km3), respectively, as well as Mexico curtailing its allotment by 104,000 acre-feet (0.13 km3) due to the projected elevation of Lake Mead falling to a record low below 1,050 ft (320 m) and triggering the Tier 2a shortage level of the DCP (
The most restrictive policies within the basin are only found in the specific protection areas where overuse of groundwater resources is the highest. All the states have implemented a version of these protection areas that are designed to stop the overuse of groundwater withdrawals and return the aquifers to a balance of use and natural recharge. These protection areas, however, are only created once the problem already exists. Little is done to prevent the overuse of the resource, and heavy use is often continued, as seen with some basin states developing management strategies of individual groundwater basins that include the planned exhaustion of the aquifer but at a “controlled” rate. This type of management is explicitly choosing to not protect the resource, even when the problem is well known. Human consumption is still exceeding any natural balance of recharge to the aquifer. Furthermore, each state only has a limited number of protected areas in their groundwater management plans, and the areas themselves are very small scale. For instance, Arizona, the state almost entirely within the CRB boundary, has five AMAs. These management areas only account for around 38,100 km2 or 13% of the state of Arizona but contain 82% of the population and covers 50% of the total water use (
The basin-wide groundwater declines are not addressed in any of the states’ groundwater policies. Without a plan that can extend beyond the small protection areas of concern, the declining trends will continue. Groundwater storage changes and groundwater discharge also typically have a delayed response compared to surface water declines. With the CRB groundwater resources already greatly tapped, there may be some unseen and unprecedented effects already in progress, such as a delayed decline in base flow once groundwater storage is greatly compromised.
4.2 Connection of groundwater and surface water
There is a large misconception that the Colorado River flow is dominantly surface water derived, when most of the water source is coming from groundwater (
Some instances of local and sub-regional projects aimed at actively managing groundwater for conservation purposes do exist such as the Coachella Valley Groundwater Basin (
The DCP agreement is designed to delay inevitable shortages by declaring water supply cuts triggered with a drop in predetermined lake levels in Lake Mead at the start of the year (
FIGURE 4

Positive feedback loop existing within the Colorado River Basin.
Acknowledging the connection in surface and groundwater resources is a major step in addressing the foundational issue of overallocation rooted in the original Colorado River Compact that allocates the entirety of the river as long as it “shall be beneficially applied” (
Water rights are often at the forefront of people’s attention in the West, however, water is often fought over as individual sources such as lake levels and depth to water in a well, rather than at the hydrologic cycle level with all aspects connected. The interconnectedness of the resources suggests the need for integrated policies governing all sources of water and including environmental flow regimes and upland forests. Principally, the essential connection between groundwater and surface water of the Colorado River needs to be recognized. Land use and groundwater pumping has a direct negative impact on the adjacent surface water, yet current regulations do little to manage these aspects of the hydrologic cycle. Current governance lacks sufficient, basin encompassing regulation aimed at reducing overuse, rather than proactively stopping and preventing unsustainable use before it occurs.
The issues observed in the basin, from decreasing surface runoff to rapidly declining groundwater levels, need to be addressed. These issues are occurring with the present number of people currently supported by the Colorado River. With the rapidly growing population and a changing climate, there is an imminent need for improvement in the inadequate policies and management that have resulted in the shortages of water resources in the CRB. These changes need to include an adjustment for water availability based on a warming and drying climate that has less snow available for recharge and base flow.
The current CRB policies are not conducive to proper management. The lack of basin-wide groundwater management is a huge oversight and has forced the CRB states to create a patchwork of independent policies to try and address the underlying issues, which are not efficient for managing the basin-wide shortages. The development of a Colorado River Groundwater Compact is needed. Management should mirror the existing infrastructure that is used for surface water in the Colorado River Compact of 1922. This interstate compact has successfully brought together the basin states in surface water management, allowing for negotiation and planning of a shared fugitive resource. There is still time to develop a new coordinated groundwater basin management plan during the re-consultation process and implement it in 2027 after the current management guidelines expire.
An interstate groundwater compact is possible; federal guidance has already occurred in the management of interstate and international groundwater resources. The allocation and management of Tribal water rights in the United States has seen federal influence that interacts positively with states. The federal influence in finalizing the water rights can reduce conflict and promote sustainable management of the resource. Management of the Ogallala aquifer incorporates a comprehensive set of conservation practices from state and federal cooperation (
Statements
Data availability statement
The data analyzed in this study is subject to the following licenses/restrictions: Data will be made available upon request. Requests to access these datasets should be directed to Denielle Perry, denielle.perry@nau.edu.
Author contributions
DP: Conceptualization, Formal Analysis, Methodology, Project administration, Supervision, Visualization, Writing–original draft, Writing–review and editing. RS: Conceptualization, Data curation, Formal Analysis, Investigation, Methodology, Project administration, Visualization, Writing–original draft, Writing–review and editing. AS: Conceptualization, Methodology, Supervision, Writing–review and editing.
Funding
The author(s) declare that no financial support was received for the research, authorship, and/or publication of this article.
Acknowledgments
We would like to thank: NAU School of Earth and Sustainability, Springs Stewardship Institute, Grand Canyon Trust, Grand Canyon National Park, Kaibab National Forest, and Grand Staircase Escalante National Monument. We would like to acknowledge Benjamin Tobin for his support throughout this study, Matthew Roderick for his invaluable support in the literature review of this article, Katelyn LaPine for her assistance in geospatial analysis and calculations, and Macie Wagner for her attention to detail in editing and formatting.
Conflict of interest
The authors declare that the research was conducted in the absence of any commercial or financial relationships that could be construed as a potential conflict of interest.
Publisher’s note
All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article, or claim that may be made by its manufacturer, is not guaranteed or endorsed by the publisher.
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Summary
Keywords
groundwater governance, interbasin management, Colorado River Compact, base flow, aquifer management
Citation
Perry D, Swanson RK and Springer AE (2024) Policy deficiencies and contingency plans: groundwater management implications for baseflow contributions to the Colorado River. Front. Environ. Sci. 12:1444015. doi: 10.3389/fenvs.2024.1444015
Received
04 June 2024
Accepted
16 August 2024
Published
30 August 2024
Volume
12 - 2024
Edited by
Martin Thoms, University of New England, Australia
Reviewed by
Katharine Dahm, U. S. Geological Survey, United States
Thomas Shahady, University of Lynchburg, United States
Updates

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© 2024 Perry, Swanson and Springer.
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*Correspondence: Denielle Perry, Denielle.Perry@nau.edu
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