As tense negotiations about the future of the Colorado River are stuck at a standstill, the people in charge are retreating further into the shadows.
A group of negotiators – one from each of the seven states that use Colorado River water – will not be speaking at a major water law conference in June. Those representatives have appeared together on a panel at the conference for the last few years, and rarely appear together in public otherwise.
"The unwillingness to answer the public's questions suggests that negotiations aren't going well," said John Fleck, who teaches water policy at the University of New Mexico. "I think it misses an important obligation in democratic governance of a river that serves 40 million people."
The event, the Getches-Wilkinson Conference at the University of Colorado, Boulder, is typically one of two times each year that the negotiators appear together in public. In recent iterations of the same conference, they all spoke on one panel. Occasionally, a state representative has fallen ill or sent a deputy in their stead.
They seemed starkly divided at the other annual appearance, too. In December, they opted to split into two separate panels at the Colorado River Water Users Association conference in Las Vegas.
People with knowledge of the situation confirmed to KUNC that state leaders told conference organizers they did not want to speak publicly. There is currently no seven-state panel on the published conference agenda.
JB Hamby, California's top water negotiator, said he would attend the conference but not speak, and he was "100%" sure the other top officials wouldn't be speaking. Representatives from Arizona, Colorado and New Mexico confirmed their states' Colorado River negotiators would not be speaking.
Unlike many government processes, Colorado River policymakers work in a space that does not involve a mandate for public access. Their meetings are often held behind closed doors, are not listed publicly and do not yield minutes or records that can be viewed by the public.
"You need to listen to and have spaces to discuss with the people who are going to be impacted by your decisions," Fleck said. "That's not happening now, and that's really disturbing."
Those water policymakers are stuck in a standoff about how to use less water from the shrinking Colorado River. Negotiators seem to agree with the broad concept that the farms, businesses and 40 million people of the Colorado River basin need to cut back on water use as the river gets smaller due to climate change. They don't, however, agree on who should cut back.
Talks so far have largely stayed divided along a decades-old fault line. On one side is the Upper Basin – which consists of Colorado, Utah, Wyoming and New Mexico. The other side, the Lower Basin, is made up of California, Arizona and Nevada.
The Lower Basin has volunteered relatively modest cuts in proposals for how to manage the river after the current rules expire in 2026. The Upper Basin has not volunteered any cuts, insisting that its states are already forced to use less water due to climate change and a longstanding legal requirement to send a fixed amount of water to those Lower Basin states.
"I am fully focused on the negotiations for post-2026 operations of Lake Powell and Lake Mead," Becky Mitchell, Colorado's top negotiator, wrote in an email to KUNC. "As the Getches-Wilkinson conference drew nearer, it was unclear where we would be in that process, and I wanted to be cognizant of the sensitivity of the work. Time is of the essence, and these critical negotiations have my full attention at this time."
The states have dug their heels in on those positions for months now, and their willingness to talk about the status of their closed-door attempts to break the deadlock has only gone down over time.
Reporters' requests to state water authorities that once yielded interviews with top policymakers are now often met with written statements that tend to be short on detail.
"I have a lot of respect for the people who are doing these negotiations," Fleck said. "They're trying to solve really hard problems, and I respect the idea that they need some space to do that, but not showing up in public at all is granting them more space than I'm willing to grant them."
Joanna Allhands, an opinion writer at the Arizona Republic who has written about the Colorado River's "bankruptcy of leadership," said more transparency from water policymakers "would be smart as a matter of self preservation."
"Whatever the decision is made," she said, "Whatever alternative gets chosen, if people feel like they've been left out, guess where we're headed? We're going to the Supreme Court."
Colorado River negotiators have said that they want to avoid taking this issue to the Supreme Court, but have made little recent progress to steer talks away from that outcome.
This story is part of ongoing coverage of the Colorado River, produced by KUNC in Colorado and supported by the Walton Family Foundation. KUNC is solely responsible for its editorial coverage.
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