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Feds outline ‘necessary steps’ for Colorado River agreement by 2026 but no recommendation yet

Federal water officials made public on Wednesday what they called “necessary steps” for seven states and multiple tribes that use Colorado River water and hydropower to meet an August 2026 deadline for deciding how to manage the waterway in the future.

“Today we show our collective work,” Bureau of Reclamation Commissioner Camille Calimlim Touton said as she outlined four proposals for action and one “no action” alternative that she and Biden’s government will leave for the incoming Trump Administration — with formal environmental assessments still to come and just 20 months to act.

The announcement offered no recommendation or decision about how to divvy up water from the river, which provides electricity to millions of homes and businesses, irrigates vast stretches of desert farmland and reaches kitchen faucets in cities including Denver, Salt Lake City, Albuquerque, Las Vegas, Phoenix and Los Angeles.

Instead it provided a bullet-point sample of elements from competing proposals submitted last March by three key river stakeholders: Upper Basin states Colorado, Utah, New Mexico and Wyoming, where most of the water originates; Lower Basin states California, Arizona and Nevada, which rely most on water captured by dams at lakes Powell and Mead; and more than two dozen Native American tribes with rights to river water.

“They’re not going to take the any of the proposals,” said Sarah Porter, director of the Kyl Center for Water Policy at Arizona State University. “The federal government put the components together in a different way … and modeled them to provide near-maximum flexibility for negotiations to continue.”

One alternative would have the government act to “protect critical infrastructure” including dams and oversee how much river water is delivered, relying on existing agreements during periods when demand outstrips supply. “But there would be no new delivery and storage mechanisms,” the announcement said.

A second option would add delivery and storage for Lake Powell and Lake Mead, along with “federal and non-federal storage” to boost system sustainability and flexibility “through a new approach to distributing” water during shortages.

The third, dubbed “cooperative conservation,” cited a proposal from advocates aimed at managing and gauging water releases from Lake Powell amid “shared contributions to sustain system integrity.”

And a fourth, hybrid proposal includes parts of Upper and Lower Basin and Tribal Nations plans, the announcement said. It would add delivery and storage for Powell and Mead, encourage conservation and agreements for water use among customers and “afford the Tribal and non-Tribal entities the same ability to use these mechanisms.”

The “no action” option does not meet the purpose of study but was included because it is required under the National Environmental Policy Act, the announcement said.

In 2026, legal agreements that apportion the river will expire. That means that amid the effects of climate change and more than 20 years of drought, river stakeholders and the federal government have just months to agree what to do.

“We still have a pretty wide gap between us,” Tom Buschatzke, Arizona’s main negotiator on the Colorado River, said in a conference call with reporters. He referred to positions of Upper Basin and Lower Basin states. Tribes including the Gila River Indian Community in Arizona have also been flexing their long-held water rights.

Buschatzke said he saw “some really positive elements” in the alternatives but needed time to review them in detail. “I think anything that could be done to move things forward on a faster track is a good thing,” he said.

Democratic U.S. Sen. John Hickenlooper of Colorado said in a statement the alternatives “underscore how serious a situation we’re facing on the Colorado River.”

“The only path forward is a collaborative, seven-state plan to solve the Colorado River crisis without taking this to court,” he said. “Otherwise, we’ll watch the river run dry while we sue each other.”

Wednesday’s announcement came two weeks after Democratic Vice President Kamala Harris lost the election to Republican former President Donald Trump, and two weeks ahead of a key meeting of the involved parties at Colorado River Water Users Association meetings in Las Vegas.

Kyle Roerink, executive director of the Great Basin Water Network advocacy group, said “snapshots” offered in the announcement “underscore the uncertainty that is swirling around future river management as a new administration prepares to take office.”

“The river needs basin-wide curtailments, agreements to make tribes whole, a moratorium on new dams and diversions, commitments for endangered species and new thinking about outdated infrastructure,” he said.

Buschatzke declined to speculate about whether Trump administration officials will pick up where Biden’s leaves off. But Porter, at the Kyl Center, said the announcement “shows an expectation of continuity.”

“The leadership is going to change, but there are a lot of people who have been working on this for a long time who will still be involved in the negotiations and modeling,” she said.

___

Associated Press writer Amy Taxin in Santa Ana, California, contributed.

Students picking up more of the state university funding

A bid by the Board of Regents for another $732 million to finance state universities is rekindling a decades old fight about the financial responsibility of state taxpayers versus how much of the cost should be borne by students.

In their new request, the board says the money is necessary to maintain programs in the face of prior funding cuts

More to the point, they want all of that to come from taxpayers versus students. And that is a 75% increase from current state funding.

The chairman of the Senate Appropriations Committee said that’s not going to happen. Sen. John Kavanagh said the estimates of tax collections for the coming fiscal year suggests that no one – including the universities – are going to be able to get additional funding.

John Kavanagh
Sen. John Kavanagh

But regardless of the state’s overall financial situation, the Fountain Hills Republican who has been in the Legislature since 2007, said he thinks the university system is getting what it needs from state taxpayers. And he said that for a large share of Arizonans, higher education remains quite affordable and free for many.

That affordability, however, is not due to state aid, which has been decreasing for decades.

Instead, universities, facing years of cuts in public dollars, are making up the difference by recruiting more out-of-state students who pay three times as much as Arizona residents. And they now make up 51% of those enrolled, double what it was two decades ago.

Regent Fred DuVal said that a $732 million increase is necessary because of cuts that universities already have had to make in critical programs like the Arizona Teachers Academy. That covers tuition and mandatory fees for each year that a student commits to teaching in an Arizona school.

Also cut this year, DuVal said, was funding for the Arizona Promise Program, a guaranteed scholarship program for eligible Arizona residents to ensure all tuition and fees are covered at the state’s public universities.

Some of that can be attributed to the fact that pretty much all state agencies had to take a 3.5% year-over-year funding cut to balance the state budget.

But for universities, the actual dollar cut was bigger: State funds went from $1.1 billion two years ago to a bit more than $1 billion last school year, to the current $970 million figure.

Arizona State University President Michael Crow, who says his school lost $24 million this fiscal year as what he called a direct result of “recent budget cuts passed by the state Legislature and signed by the governor,” is not mincing words.

Last week he said the cuts are leading to new spending reductions and even a $350 surcharge this spring for on-campus students. And ASU will close its Lake Havasu Center next summer.

“These necessary actions reflect the continuing lack of public investment from state government for higher education in Arizona,” Crow said in a written statement. “ASU simply cannot be asked to fund the expansion of higher education across the state without state investment as a part of the financial structure to do so.”

Gov. Katie Hobbs, who signed the budget, does not dispute the numbers.

“Facing a $1.8 billion deficit that was largely inherited, I brought together a bipartisan coalition to pass a balanced budget, protect Arizonans from egregious cuts, and still make some new investments,” she told Capitol Media Services. But that also meant using the funds she had for her other priorities like money for housing and helping the homeless.

All that, however, relates directly to how much of the financial burden of running a state university system should be borne by students versus taxpayers.

Consider the trend.

This year the general fund put in $970 million against $3.4 billion paid by students in tuition and fees.

Put another way, in that 2007-2008 school year, the general fund paid for 33% of the operating budgets of the state universities. That includes not just tuition and general funds but other federal grants and dollars.

This year that’s down to 12%.

Fred DuVal

On the other side of the equation, tuition and fees made up 23% of university operating budgets in 207-2008. Now that’s up to 43%.

The balance comes from federal dollars, much of it in dedicated research grants, that currently make up more than 40% of total funding.

There’s another way of looking at it.

According to the regents, state aid on a per-student basis during the 2007-2008 school year was $9,439. For the current year that figure in actual dollars is estimated to be at $4,174. And that’s not taking into account how inflation has affected the value of those dollars.

But the trend and, in particular, the shift in the burden from taxpayers to students raises the question of at what point, with students absorbing more and more of the costs, why have a state university system.

“That’s part of why I’m working to build governing majorities in the Legislature, governing majorities that support higher education,” Hobbs said. And the governor has made no secret that she is raising money now in a year when she is not up for reelection to help gain seats for fellow Democrats and end the control of Republicans.

But Hobbs balked at whether that definitely means more higher education funding if Democrats take over.

“I cannot guarantee that,” she said. “I can guarantee that we will work to fund them equitably.”

As to relief for students, their only hope is that the Legislature and the governor step in.

Kavanagh acknowledged that tuition for Arizona students has increased.

In the 2010-2011 school year, for example, tuition and mandatory fees at the University of Arizona were $8,237. The current figure is $13,900.

But that, said Kavanagh, is misleading.

“Look at the walk-out-the-door price,” he said, saying the figures he has seen over the years in his role of having purview over university budgets show that close to half of all in-state students pay nothing in tuition after various scholarships and grants are factored in.

The actual figures across the university system according to the Board of Regents is 42.8% for first-time, full-time students and 37.8% for all full-time undergraduates. But the point remains.

“The next one third might have paid 25% of the tuition,” Kavanagh continued. “The only people who are paying full freight are people from wealthy families. And they can afford it.”

DuVal does not dispute that most in-state students aren’t paying the sticker price. But he said that can happen in an age of decreasing state support only because the universities are making up the difference by actively recruiting students from other states and countries.

That also makes up for the reduced state funding. But he’s not sure that’s been a good move.

“Decades ago, we capped those (out-of-state) students at 30%,” DuVal said. It’s now about half.

“Conversely, Arizona degree attainment is flat.” he said. “But educating Arizona students is our principal assignment.”

And those students from other states or other countries, said DuVal, return home after graduation.

“Arizona employers are saying their Number One issue is workforce,” he said. “And they see the universities as essential to fulfilling that need.”

But Kavanagh said he sees the number of students from elsewhere as a good thing. And he said it hasn’t come at the expense of quality.

Consider Arizona State University.

“When I came here in 1993, the reputation was a party school,” he said.

“The reputation now is top-tier, four-year public research institution” said Kavanagh. “I applaud the universities, especially (Michael) Crow, for creating a good brand that out-of-state people are willing to pay a premium price for,” Kavanagh said.

Nor does he see out-of-state students pushing out Arizona residents.

ASU, for example, saw its undergraduate headcount go from 58,404 in 2012 to 112,171 in 2023. 

The growth at U of A was not as remarkable, going from 30,665 to 38,751 during the same period.

 

ASU tuition surcharge, cuts in response to state budget reflect lower Arizona higher education spending

Arizona State University announced measures on Monday to deal with higher education budget cuts passed by the state Legislature. They include a tuition surcharge, cuts to programs such as the Arizona Teachers Academy and the Arizona Promise Program and the closing of its Lake Havasu center. Thousands of students and employees are expected to be affected.

The tuition surcharge is a $350 additional payment for full-time on-campus students in spring 2025. Part-time on-campus students will pay a proportional charge.

The Arizona Teachers Academy, which covers tuition and fees for students who commit to teaching in Arizona public schools, will serve 800 fewer new students. The Arizona Promise Program, which helps in-state, low-income students, will see a decrease of $10.9 million in funding, affecting potentially more than 2,600 students.

ASU President Michael Crow released a statement on the cuts.

“These necessary actions reflect the continuing lack of public investment from state government for higher education in Arizona,’’ Crow said. “ASU simply cannot be asked to fund the expansion of higher education across the state without state investment as a part of the financial structure to do so. These budget cuts put the state of Arizona even further behind in ensuring that Arizona has the talent and workforce necessary to advance its economy.”

Arizona spent the third-lowest amount in the country per capita on higher education ($183) in fiscal year 2024. Republican-controlled states, including Texas ($452), Louisiana ($360), Idaho ($333) and Florida ($317) each spent more, according to a report by the State Higher Education Executive Officers Association.

Between fiscal years 2009 and 2022, higher education revenue from state and local government appropriations in Arizona decreased 23 percentage points as compared to the national average, which fell 4 percentage points, according to a report from ASU’s W.P. Carey School of Business.

“As a transfer student, I’m already paying $40,000 a year. So the extra money is going to be hard to pay off,” said Taina Fonseca, a sophomore studying journalism at ASU.

Fonseca said she thinks the surcharge will affect a lot of people.

“I feel like a lot of people are just going to be in debt because they’re taking out a lot of loans, so this is just going to be an extra expense on top of it,” Fonseca said.

Alberto Plantillas, the central regional director for the Arizona Students’ Association and a graduate student at ASU, said it’s “very embarrassing for the government to just keep cutting education and then saying that they care so much about education.”

State senators from both the Republican and Democratic parties said the cuts were not ideal.

“I think it’s a real shame. We know that higher education is a phenomenal economic driver for the state, and yet we are not appropriately investing in higher education,” said Sen. Christine Marsh, D-Phoenix.

Marsh said she has seen “an antagonistic attitude toward higher education” from the “majority party down at the Legislature.”

When asked about Democratic responsibility for the changes, she said, “I think there probably is. But, I know behind the scenes that Gov. (Katie) Hobbs really fought hard for higher education.” Later, Marsh said, “I don’t know if I’d call it fault (with the Democratic Party), but through the negotiating process, you’re not going to get everything you want.”

The Arizona state budget passed in June after weeks of negotiations between Arizona Democrats and Republicans.

Sen. Ken Bennett, R-Prescott, said it was “unfortunate the way the budget turned out for universities.” He said he doesn’t think “you can identify one person or one group as to blame. It’s just kind of a collection of factors. Inflation has been very difficult the last couple of years. … The public is not really ready for tax increases or anything like that.”

The senators spoke about how the Arizona Legislature prioritizes higher education spending.

“I think it comes back to intentional choices and the priorities of the legislative body as a whole, which, of course, I disagree with some of those priorities,” Marsh said.

Bennett said there was not an intentional decision to have lower per-capita funding for higher education than other states.

“I think that the other pressures on the state budget only allow certain amounts, first of all, because of those formulas in other parts of the state budget, those kind of get funded first, and the universities are left amongst a few other parts of state government to live with what’s left,” Bennett said.

Plantillas said ASU and its students are absorbing that burden.

“It’s just a constant trend of cutting education funding and saying that, ‘Oh, you know, the system is flawed and this and that,’ but the truth is they’re cutting funding,” Plantillas said.

2 justices won’t rule in retention case

Two Supreme Court justices who would be most immediately affected by a proposed ballot measure will not participate in deciding its legal fate.

But the other justices who would be affected by the outcome of Proposition 137 – eventually – will not step away from the case.

A new scheduling order from the court shows that Justices Clint Bolick and Kathryn King have recused themselves from hearing a challenge by Progress Arizona to changes in the system proposed by Republican lawmakers by which sitting judges stand for reelection. Neither provided a reason.

But what is clear is that if the court allows Proposition 137 to be on the ballot and it passes, it would allow both to get new six-year terms – even if voters were to separately decide to remove them from the bench. And that gives them a more immediate stake in the case.

The other five justices also have a stake if they, too, want new terms when their current ones end in 2026 or 2028.

At this point, however, all will decide the case.

Chief Justice Ann Scott Timmer did not immediately respond to a request for an interview.

But Paul Bender, a professor at the Arizona State University College of Law, told Capitol Media Services it is a “serious question” of whether they also should recuse themselves given how it would affect their own future elections.

That, however, still leaves the question: If not the current Supreme Court justices, then who?

One option, said Bender who is a former dean at the college, could be retired justices who would have no stake in the case.

There actually are rules for that. In fact, Timmer tapped retired Justice John Pelander to sit in in an upcoming hearing on a dispute over the use of the wording “unborn human being” by lawmakers to describe Proposition 139 dealing with the right to abortion. That is because Bolick stepped away as his wife, Sen. Shawnna Bolick, sits on the legislative panel that approved the controversial wording and also is a defendant in that case.

Replacing all the justices in this case, however, is not going to occur. Nor is there even a request they do so from Jim Barton who is representing challengers to Prop 137.

“We are not going to ask for a fresh panel of justices like was evidently done in the past when a matter related to their pensions was before them,” he said.

That refers to a case years ago involving legislative changes to the pension system for judges.

All but one of the justices on the high court were replaced, at least temporarily, by other lower-court judges who were not affected. Only Justice Bolick got to remain because he was not on the bench at the time the challenged pension changes were approved.

Hanging in the balance in this case are what Barton says are two significant changes in the judicial election process.

Strictly speaking, judges on the Supreme Court, Court of Appeals and superior courts in Pima, Pinal, Maricopa and Coconino counties are not elected. They are named by the governor who has to choose from nominees submitted by special screening committees.

Under the current system, however, superior court judges from the affected counties have to face voters every four years on a retain-or-reject system. Those who fail to get enough votes lose their jobs and the selection process begins again.

At the Supreme Court and Court of Appeals, the terms are six years. But the process is the same.

Prop 137, if approved by voters, would change that to say that judges can remain on the bench as long as they want, at least until mandatory retirement at 70, if they don’t get into trouble. That is defined in the proposal as things like a felony conviction, personal bankruptcy or their performance on the bench being found lacking by the Judicial Performance Review Commission.

Only then would they have to face voters.

Barton said there’s no problem with that, at least from a legal perspective. He said it’s a policy question for voters whether they want to give up their right to vote on each judge and justice.

But he said Prop 137 also includes a provision which for the first time would let the majority party in the House and Senate to select members for the Judicial Performance Review Commission. And it would also allow any of the 90 legislators to force the commission to investigate any allegation of “a pattern of malfeasance in office.”

In his new pleadings, Barton told the justices that lawmakers are free to put a measure on the ballot asking voters to make that change. But what they can’t do, he said, is put it into a single take-it-or-leave-it ballot measure with the proposed changes in the retention system.

“A voter who wants greater judicial independence by creating a system wherein there are on for-cause retention elections cannot vote for this system without also accepting a new avenue for interference with the judiciary by the legislative branch,” he wrote.

“The court should not ignore the dilemma this creates for voters,” Barton said. “Altering the makeup of the JPRC is not related to holding judicial retention elections.”

Where King and Bolick specifically fit in has to do with something else the Republican-controlled Legislature added to Prop 137: a retroactivity clause.

The election will be on Nov. 5. But proponents crafted it in a way to say that if it is approved it applies retroactively, to Oct. 31.

And if that’s not clear, the measure spells out that the results of this year’s retention elections, the one including King and Bolick, would not be formally recognized if Prop 137 passes even if voters turn both out of office.

That, too, is part of the all-or-nothing package that the measure would present to voters.

While not part of the legal dispute before the Supreme Court, the whole issue has political implications.

If either justices is turned out of office, that would allow Democratic Gov. Katie Hobbs to replace the pair who had been tapped for the court by her predecessor, Republican Doug Ducey. And that possibility already has resulted in conservative political activist Randy Kendrick, wife of Diamondbacks owner Ken Kendrick, to set up and fund a committee to try to convince voters to retain the two Ducey picks.

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