In an article published by Steamboat Magazine, Taft water law partner James Eklund examines the growing pressure on the Colorado River and what the potential “federalization” of its management could mean for the Yampa Valley.

Drawing on his experience as a ranching water lawyer and Colorado’s former representative on Colorado River issues, Eklund explains how the state’s prior appropriation system intersects with interstate compact obligations, federal reservoir operations, and the risk of litigation. He also considers the Yampa River’s distinctive position under the 1948 Upper Colorado River Basin Compact, including the compact’s flow requirement at Maybell and what it could mean for local water users.

Eklund argues that Colorado’s best defense against increasing federal control is a credible, state-led approach that protects local water users while meeting the state’s compact obligations. That approach should emphasize voluntary, temporary, and compensated conservation; statewide responsibility for compact compliance; and careful consideration of the Yampa Valley’s unique legal and hydrologic circumstances.

Read the full article “At the Headwaters of a National Argument” here.

Eklund leads Taft’s Water and Natural Resources practice. A recognized authority on water management in the American West, he advises sovereign governments, multistate authorities, public agencies, and private interests on water law, natural resources, infrastructure, and environmental policy.