PHOENIX — The City of Phoenix has retained lawyers as it considers how to fight proposed Colorado River cuts that Mayor Kate Gallego says could disproportionately impact Arizona.
“The City of Phoenix, like the State of Arizona, has retained lawyers who might be able to help us fight for your water,” Gallego told ABC15.
A city spokesperson confirmed that the law firm Phoenix retained for Colorado River water issues is Culp & Kelly, LLP.
The Phoenix City Council met in executive session Thursday to receive legal advice and discuss the city’s options following the release of the federal government’s final environmental impact statement for post-2026 Colorado River operations.
Gallego said the private meeting allowed council members to discuss both legal and regulatory strategies. However, the city has not announced plans to file a lawsuit.
“We want to understand how we can best influence this process,” Gallego said. “We work very hard to keep your water bills low, and so we’re trying to see what can we do to reverse this very difficult decision from our federal government.”
The federal framework lays out options for managing the drought-stricken Colorado River after the current operating rules expire. A more detailed record of decision will come later and determine how future water reductions are implemented.
Gallego said Phoenix and other Arizona communities understand that the shrinking river requires difficult cuts. Her objection is how those reductions could be divided among the seven basin states.
“It is deeply disappointing that the federal government set up a framework where they can’t cut the Upper Basin,” Gallego said. “And yet disproportionately the cuts will come to Arizona.”
The Upper Basin includes Colorado, Wyoming, Utah and New Mexico. The Lower Basin includes Arizona, California and Nevada.
Gallego called on the entire basin to share the burden of the river’s declining supply.
“The residents of Phoenix did not cause the drought, and we should not have to get through it alone,” she said.
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What Colorado River cuts could mean for Phoenix
Colorado River water currently provides about 40% of Phoenix’s supply. Gallego said it is also among the city’s cleanest and most cost-effective water sources.
Phoenix could pursue replacement supplies if its Colorado River allocation is reduced, but Gallego warned those alternatives could cost significantly more.
She pointed to desalinated ocean water as one potential option. San Diego County already receives desalinated water produced along the California coast, though moving that type of water to Arizona would require agreements and infrastructure.
“Think about it: how much more desalinated water that would have to come from California would cost versus Colorado River water?” Gallego said. “So, it’s a really difficult pill to swallow.”
The mayor emphasized that Phoenix residents should not expect an immediate disruption to their water service. The city has spent years preparing for a drier future by investing in water recycling, conservation programs, underground storage and a network of wells.
Phoenix also receives water from the Salt and Verde rivers, which together make up the city’s largest water source and are separate from the Colorado River system.
“We are prepared,” Gallego said. “Don’t worry about turning on your faucet tonight or this year. We are working very hard to prepare for a drought, but we do need to think about the cost impacts of what the federal government is doing.”
Those costs could eventually affect customers’ water bills. Gallego said electricity, treatment chemicals and other expenses are already becoming more expensive, and replacing relatively affordable Colorado River water would add another financial challenge.
What it means for future growth
Gallego said the potential cuts do not mean Phoenix must stop growing.
The city requires new development to help pay for the additional water it will need. Developers building new subdivisions, for example, pay impact fees that can help Phoenix secure new supplies through water purchases or partnerships with tribal communities.
But the mayor acknowledged that developing those supplies will likely become more expensive.
“New development would pay a fee that would help us go out and secure that water,” Gallego said. “But our residents need to understand because of the federal government’s decision that new supply will cost more.”
Gallego said Phoenix will continue participating in the federal process while evaluating its legal options. She also urged the Upper Basin states and the federal government to return to the negotiating table.
“We can come to a good solution if we all come to this table and act in good faith,” Gallego said. “I would love to see the federal government play a larger role in getting everyone to the table to take on some of these cuts.”
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