Colorado River negotiations are moving on several fronts, and this week one of those developments directly involved the Colorado River Indian Tribes.
The Central Arizona Water Conservation District Board approved an agreement with CRIT involving 9,009 acre-feet of Intentionally Created Surplus (ICS) water, while also authorizing the district to protect its rights through legal action if necessary as disputes over future Colorado River operations continue.
Central Arizona Project reported that the agreement involves Extraordinary Conservation Intentionally Created Surplus, or EC-ICS, created through fallowing activities at the CRIT farm in 2019 and 2020. Under the agreement, the Central Arizona Groundwater Replenishment District will acquire the right to take delivery of the 9,009 acre-feet currently held in CRIT’s ICS account.
If transferring the ICS is not feasible, CAP reported that CAWCD and CRIT would instead execute a lease for an equivalent amount of water under the same terms. The agreement also states that the two parties will look for additional opportunities to work together on water governance and management.
The same CAWCD meeting addressed the growing legal uncertainty surrounding Colorado River operations. The board authorized CAWCD to protect and defend its rights if legal action becomes necessary. CAP did not announce a new lawsuit at the meeting, but the authorization gives the district the ability to respond as disputes over the federal operating framework develop.
While Arizona water agencies consider their next steps, another agreement is taking shape farther downstream.
The United States and Mexico reached a Colorado River agreement covering 2027 and 2028. WaterWorld reported that Mexico’s annual deliveries will be reduced by 250,000 acre-feet during each of those years. Those reductions accompany the 1.25 million acre-feet in annual reductions planned for Lower Basin water users in Arizona, California and Nevada.
The agreement also continues cooperation between the two countries on salinity management, environmental programs and studies of potential new water supplies and desalination. If conditions worsen, the United States and Mexico agreed to discuss possible additional reductions in 2028. If Lake Mead improves significantly, the countries would discuss increasing Mexico’s deliveries.
The international agreement provides another piece of the short-term operating picture, but the seven Basin states still have not reached their own long-term agreement.
Arizona Water News reported that Arizona Department of Water Resources Director Tom Buschatzke continues to identify Upper Basin conservation as a major unresolved issue. During a PBS NewsHour Colorado River discussion, Buschatzke said Arizona wants the Upper Basin states to provide conservation that can be measured and delivered into Lake Powell with greater certainty.
The federal framework established this summer includes mandatory reductions for Arizona, California and Nevada while relying on voluntary conservation targets for Colorado and the other Upper Basin states. The Basin states are continuing negotiations over what happens after the current short-term framework.
Together, the Sept. 10 reports show how Colorado River management is developing through several different types of agreements at once. CRIT and CAWCD are moving forward with an ICS agreement, the United States and Mexico have agreed to share reductions through 2028, and the Basin states are still working through disagreements about how future conservation should be divided.
What does this mean for CRIT?
The 9,009 acre-feet of ICS comes from water CRIT previously conserved through agricultural fallowing and left in Lake Mead rather than using immediately. The new agreement creates a path for that conserved water to be transferred or, if necessary, leased for an equivalent amount.
It also shows how CRIT’s conserved water can become part of broader Arizona water management while remaining connected to decisions made by the Tribe regarding its own water resources.
The agreement’s commitment to look for additional CRIT-CAWCD partnerships is also notable as Colorado River users search for ways to manage shortages and develop new conservation arrangements.
At the same time, the U.S.–Mexico agreement and continued Upper Basin-Lower Basin disagreements show that the larger river system is still changing. CRIT’s senior Colorado River rights place the Tribe in a different legal position from many CAP users, but reservoir operations, conservation agreements and federal decisions remain important to the overall system in which those rights are exercised.
Sources
CAP Know Your Water News: “CAWCD Board convenes for September meeting – Authorizes legal action, if necessary, regarding Colorado River operations and approves ICS agreement with CRIT”
https://knowyourwaternews.com/cawcd-board-convenes-for-september-meeting-authorizes-legal-action-if-necessary-regarding-colorado-river-operations-and-approves-ics-agreement-with-crit/
Arizona Water News: “A Tipping Point for the Colorado River: PBS NewsHour delves into challenges facing the threatened river system”
https://www.azwater.gov/news/articles/2026-09-09
WaterWorld: “U.S., Mexico agree to Colorado River operating measures through 2028”
https://www.waterworld.com/water-utility-management/news/55404042/us-mexico-agree-to-colorado-river-operating-measures-through-2028