Charging Ahead or Drying Up? Lithium Extraction vs Colorado River Stewardship

Abstract

This note explores conflicts between water allocations from the
Colorado River and lithium mining in the Western United States. It focuses
on how the Colorado River 2026 Plan and its proposed water allocation
alternatives will disrupt environmental impact statements (EISs) and
litigation around lithium mining in the Western United States. The note
proposes that, not only is acknowledgment of the foreseeable changes to
water management necessary to reduce litigation, but also that it is
unlawfully arbitrary and capricious for the EISs to ignore, with no
rationale, the environmental impacts lithium extraction projects will
inflict under foreseeable water management changes. Alternatively, to
avoid the litigation necessary to correct EISs, the Bureau of Reclamation
should create and adopt an alternative plan that would protect the water
rights of users, like lithium operations, who contribute to combatting the
climate crisis.