Sen. Dylan Roberts Questions Colorado's Legal Strategy on Colorado River

The wind cuts straight through the valley floor in Glenwood Springs, carrying the dry, dusty scent of a river that’s running lower every day. You can see the "bathtub ring" on Lake Powell from the interstate — a stark, white band of mineral deposits marking where the water used to be. It’s a visual reminder that the math isn’t just theoretical. It’s happening right now.

Western Slope lawmakers took that reality to the state capital last week and didn’t mince words. They grilled Colorado’s top water negotiators, questioning whether the state is actually prepared for the legal fight that’s coming, or if we’re just throwing money at lawyers and hoping for the best.

The hearing took place Thursday at the Water Resources and Agriculture Review Committee in Denver. Sen. Dylan Roberts, the District 8 Democrat who represents Eagle, Grand, Garfield, Routt, and Summit counties, led the charge. He didn’t ask for a summary. He asked for confidence. And he got a dose of skepticism.

Roberts zeroed in on Becky Mitchell, Colorado’s lead negotiator. He wanted to know if the people of the Western Slope should trust the current strategy. The answer? Not exactly. The seven states sharing the river have been stuck in an impasse for more than two years. No deal. Just declining reservoirs and rising tension.

“My constituents just see fighting and intransigence,” Roberts said. “And it’s concerning to me, especially as a Western Slope lawmaker … that the strategy is just ‘Let’s hire more lawyers; we’re going to court no matter what.’”

That’s the rub. Roberts doesn’t think Colorado wins that bet. He pointed out that if we go to the U.S. Supreme Court against Arizona, California, and Nevada, we’re throwing our fate to nine justices. He doesn’t think we fare well.

The pressure is real. Recent projections show river flows dipping below a critical threshold. The Lower Basin states — Arizona, California, Nevada, believe the Upper Basin (Colorado, New Mexico, Utah, Wyoming) is bound by the 1922 Colorado River Compact to deliver 82.5 million acre-feet of water over a 10-year rolling average.

According to the Upper Colorado River Commission, that average will dip to about 81.3 million acre-feet later this year. Persistent drought is the culprit.

Some experts call this a "tripwire." If the flow hits that number, Arizona is openly preparing to sue. And if they win, the Upper Basin faces mandatory cuts. That’s not a possibility. That’s a threat.

Upper Basin managers disagree with the interpretation. They argue we’re only required not to deplete flows by more than 75 million acre-feet. But the gap between 75 and 82.5 is where the danger lives.

Mitchell, state engineer Jason Ullmann, and Amy Ostdiek from the Colorado Water Conservation Board were in the hot seat. All three work for the Department of Natural Resources and have the Attorney General’s office backing them. Yet, when Roberts pressed for details on the legal strategy, Mitchell was reluctant to share specifics in a public forum. She did answer "absolutely" to one key question, but the rest of her team’s playbook remains under wraps.

The clock is ticking. Current management guidelines for Lake Powell and Lake Mead expire this year. If the seven states don’t cut a deal to share the shortages, the feds are poised to step in. And locals know the feds don’t care about our politics. They care about the water.

Roberts’ warning was clear: relying on litigation is a gamble with high stakes. We’re watching the water level drop. We’re watching the lawyers prepare. And we’re waiting to see if the strategy holds up when the tripwire is triggered.