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Order blocking enforcement of Idaho transgender athlete ban will remain in place, judge says

A federal judge in Idaho this week ruled that a lawsuit challenging the state’s ban on transgender athletes is “not moot,” meaning the law will remain blocked while litigation continues.

The lawsuit, filed in 2020 on behalf of Lindsay Hecox, a transgender track and cross country runner at Boise State University, challenges an Idaho law that bars transgender athletes through college from competing on sports teams consistent with their gender identity.

Idaho in 2020 became the first state in the nation to enact such a measure. Since then, 17 other states have followed.

According to the lawsuit, Hecox, who ran on co-ed track and cross country teams through high school, had been planning to try out for Boise State’s women’s team in the fall of 2020, a year after she began her medical gender transition.

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Despite being in compliance with NCAA guidelines, which require transgender female athletes to complete one year of testosterone suppressing treatment before being eligible to compete on a women’s sports team, Hecox was no longer able to try out after the state’s transgender athlete ban enacted by Idaho’s governor, Republican Brad Little.

Little, along with members of the state board of education, the president of Boise State University and other school officials, is named as a defendant in Hecox’s lawsuit. She is represented by the American Civil Liberties Union (ACLU), Legal Voice and the law firm Cooley LLP.

In August 2020, five months after Idaho’s transgender athlete ban went into effect, a federal judge granted a preliminary injunction blocking Idaho officials from enforcing the law, which the state had sought to appeal.

On Tuesday, District Court Judge David C. Nye said Hecox’s lawsuit was “not moot,” as Idaho had argued in its appeal. Attorneys for the state said the suit was irrelevant after Hecox failed to secure a spot on Boise State’s women’s track or cross country teams and later withdrew from the university. Her NCAA eligibility has also been questioned for reasons beyond her gender identity.

Hecox re-enrolled in classes at Boise State earlier this year after achieving in-state residency, according to court documents. She now plays on the school’s women’s club soccer team and says she will try out again for the women’s track and cross country teams in the fall.

“Although there are some questions about Hecox’s NCAA eligibility, she cannot play soccer, or compete for a spot on the women’s track or cross country teams, absent an injunction,” Nye wrote Tuesday in his order. “Thus, Hecox’s claim is not moot.”

In a statement released by her attorneys, Hecox said she’s glad for the opportunity to keep running – a central part of her identity for most of her life.

“It means a lot to me that Judge Nye agrees that I have done all the things I need to do to have a chance to compete,” she said. “I’m a girl and the right place for me is on the girls’ team.”

Source: TEST FEED1

To honor Shinzo Abe, we must continue his vision for East Asia

As the world continues to grapple with the sudden and senseless loss of former Japanese Prime Minister Shinzo Abe, many, including myself, have offered their thoughts on his legacy as a leader. 

There’s much to say about Shinzo Abe. He was an unapologetic believer in the power of democracy and one of the strongest voices in support of freedom across the Info-Pacific. His years both in and out of office were defined by his commitment to democratic order, prosperity for Japan and its allies, and strengthening the relationship between Japan and the United States. He was particularly a champion for peace through strength, and stood up for Taiwan against Communist China’s aggression.

But words of praise, while undoubtedly deserved, are not enough. To honor the incredible legacy and work of Shinzo Abe, we must carry forward his vision for democracy, peace through strength and prosperity across the region.

The day before Abe was assassinated, I was in Tokyo to meet with private sector leaders, high-ranking officials in the Japanese government, and American military members stationed there. The impact and significance of Abe on Japan’s government, defense strategy and foreign policy is clear. 

The Japanese people recognize the importance of continuing Abe’s legacy of principled leadership in the region and the relevance of such leadership to the national security of the United States, the safety of our allies and partners and the stability of the region. They also understand that America stands with Japan to maintain a position of strength. 

Shinzo Abe was not afraid of Communist China’s threats. He knew that bowing to bullies like General Secretary Xi Jinping only weakens the power of democratic alliances and our rules-based global order. That’s why he fought to invest in Japan’s defense capabilities and fundamentally change how the Japanese people viewed their nation’s role on the global stage.

Abe also knew that combatting Communist China required a two-pronged approach, rooted in military strength and economic independence. And he understood strong alliances with democratic governments could keep bullies like Xi in check.
With Abe now gone from the scene, President Biden must make serious adjustments in his posture toward Communist China and support the current Japanese leadership as they confront the menace from the Chinese mainland. Nothing could be more detrimental to the national security of the United States and the stability of East Asia than weakness toward Communist China.

President Biden must acknowledge and be clear, as I and many others have, that we are in the midst of a New Cold War with Communist China. While the United States did not seek this conflict, we cannot ignore it or downplay the threats to democracy and security that it poses. 

First, Biden must end his attempts to slash funding for our nation’s military. In both of Biden’s proposed budgets since taking office, he has suggested such inadequate defense spending that even members of his own party have ignored his proposals. When Communist China continues to expand its navy and threatens American military vessels and aircraft, we cannot allow the world to believe that our armed forces are backing down. 

Second, President Biden must recalibrate his approach to U.S. – Chinese trade. He must clarify that he will not reverse the existing tariffs on goods coming from Communist China. I believe, as stated in my plan to Rescue America, that we ought to gradually end all imports from Communist China until a new regime honors basic human rights and freedoms. While doing that, President Biden must also use the Commerce Department to ensure that as few U.S. dollars as possible are spent funding the Chinese military buildup and the human rights atrocities of Xi’s evil communist regime. He can start by ditching his $52 BILLION “Chips Bill” which has horribly weak language that doesn’t expressly prohibit the tens of billions of dollars in spending it authorizes from being spent in Communist China. It is an inexcusable oversight and why we cannot let this flawed bill pass.

Biden must also stop the sale of U.S. oil to Communist China, and urge the private sector to end reliance on Chinese manufacturing. Our ultimate goal must be to decouple our economies and rally our democratic, freedom-loving global partners to aggressively expand their presence in industries which are dominated by Communist China. If we can isolate Communist China, shrink its influence and eliminate the threats it poses to the world, we will improve the national security of the U.S. and our allies. 

Through strong military and trade alliances, the United States has the ability to create a world that is independent of Communist China for commerce, raw materials, minerals, and energy, and no longer fears its military threats. Shinzo Abe worked to advance these goals. To honor his legacy, we must seize the opportunity now to carry his legacy into the future.

Rick Scott represents Florida in the United States Senate and sits on the Senate Armed Services Committee. He is the former Governor of Florida.

Source: TEST FEED1

House Oversight chair calls on HHS to address 'barriers' to monkeypox treatments

Rep. Carolyn Maloney (D-N.Y.), chair of the House Committee on Oversight and Reform, on Wednesday asked the Department of Health and Human Services (HHS) to address the “barriers” to monkeypox treatment that people have reported dealing with so far.

Maloney said she was concerned by the sparse availability of vaccines for monkeypox as well as the limited capacity for testing for the virus that has been noted in the U.S. She noted how quickly appointments to receive vaccines like Jynneos ran out in major cities as well as the lack of rapid testing for monkeypox.

“In addition to access to vaccines and testing, patients who have contracted MPV must be able to obtain appropriate treatment,” Maloney wrote.

“In recent days, reports have emerged that patients are facing barriers and extreme difficulties in accessing TPOXX, the only antiviral medication clinically shown to decrease duration of disease and reduce the risk of fatality,” the congresswoman added, noting that the Centers for Disease Control and Prevention (CDC) currently approves the administration of the drug on a case-by-case basis.

“These barriers to accessing treatment implicate health equity, as evidence suggests that the patients most likely to access TPOXX currently have private insurance or a primary care physician, which many Americans lack,” she added.

Maloney requested a staff briefing from HHS to answer questions on what the department is doing to ensure affordable access to monkeypox treatments.

The New York representative is the most recent of several high-ranking congress members to have demanded answers from HHS explaining the U.S.’s response to the monkeypox virus, which has been criticized by some as slow and insufficient.

As of Wednesday, over 2,300 monkeypox cases have been confirmed in the U.S., though more are likely have been infected without having been tested. Across the U.S., individuals have reported difficulty in accessing tests and vaccines, with some saying they have had to wait several days to a week before hearing back from public health workers.

Sen. Patty Murray (D-Wash.), chairwoman of the Senate Committee on Health, Education, Labor and Pensions, wrote to Becerra this week saying she was “concerned” by U.S. monkeypox response.

Sen. Richard Burr (R-N.C.) said the response so far was “disturbing” and “reactive.”

“Your failures to act are a threat to public health, and especially for gay and bisexual men who are at highest risk,” Burr wrote to Becerra.

The Hill has reached out to HHS for comment.

Source: TEST FEED1

Pacific Northwest braces for ‘hazardous heat’

The Pacific Northwest is facing a particularly grim outlook when it comes to brutal summer heat, federal weather experts said on Thursday. 

Over the next two weeks, meteorologists are “favoring above normal temperatures at pretty high odds for much of the western part of the lower 48, with the highest odds across the Pacific Northwest region or the Rockies,” according to Jon Gottschalck, chief of operational predictions at the National Weather Service’s Climate Prediction Center.

The situation is expected to become especially dire for the Pacific Northwest, including the cities of Portland and Seattle, which could experience “hazardous heat,” Gottschalck warned. He spoke at a U.S. Drought and Heat Webinar hosted by the National Integrated Drought Information System (NIDIS) and National Integrated Heat Health Information System (NIHHIS) — branches of the National Oceanic and Atmospheric Administration (NOAA).

As the U.S. West encounters its driest megadrought in at least 1,200 years, driven by climate change, regional reservoirs are reaching record lows and wildfires began raging early in the season.

“All the indicators are showing now that the current drought is one of the most severe in the last several thousand years,” said David Simeral, a research scientist at the Nevada-based Desert Research Institute and a national author for the U.S. Drought Monitor.

“At this point, looking at projections and so forth, it’s not looking like the situation is going to change in the near future,” Simeral continued. “It’s looking like we are in the middle of a megadrought and the situation could possibly be continuing for some time into the near future.”

At the moment, 73 percent of the Western U.S. is encountering drought, while 30 percent is in the most severe drought categories, according to Simeral. Looking at specific regions, he said that 99 percent of California is experiencing drought, as is 87 percent of the Intermountain West.

As the excessive heat conditions that have been scalding Southern California move into California’s Central Valley and into the Pacific Northwest over the next two weeks, these regions could experience “dangerous heat,” Gottschalck warned.

The heat index — or what the temperature feels like to the human body — will likely be greater than 105 degrees, he explained. 

On the other hand, Gottschalck countered, localized heavy rainfall associated with monsoon thunderstorms could provide some respite from Arizona into parts of southern Colorado.

Looking ahead into August, Gottschalck forecast “above normal temperatures again at high probabilities for much of the West,” with ongoing dryness stretching across parts of the central Rockies through October.

The La Niña weather system — which has created excessive heat in the West for the past two years — is expected to continue for the remainder of 2022, according to Gottschalck.

As far as accompanying wildfire activity is concerned, blazes are ongoing in Yosemite National Park and in Utah and Idaho, reported Jim Wallman, a senior forecaster for the National Interagency Fire Center.

“Through the rest of this month, we’re looking at moderate fire potential to continue for much of California, into the Great Basin in Northern Rockies, also for portions of the Inland Northwest,” Wallman said, noting that monsoon season will dampen such risk in the Southwest.

Due to the persistent high temperatures throughout the region, meteorologists are also concerned about potential lightning strikes and heavy winds, which could contribute to new fire starts but remain difficult to predict, according to Wallman.

Throughout August, he continued, much of California will experience above-normal potential for wildfires — a risk exacerbated by the long-term drought and resultant dry fuels.

The Great Basin and southeast Oregon rangelands, whose wet winters led to robust grass growth, will also face heightened risk of wildfires this August, Wallman added.

Looking toward a future of continued drought and excessive heat conditions, the scientists expressed concern about the connected health outcomes that Americans are facing.

“Extreme heat is the deadliest weather-related event in the United States,” said Sarah Kapnick, NOAA’s chief scientist.

Kapnick noted, however, that “all heat related illnesses and deaths are avoidable,” by making use of technological tools like drought early-warning systems and through cross-agency collaborations.

“Summers have been getting hotter, with July of 2021 registering is one of the hottest months ever recorded on Earth,” Kapnick said. 

“With the expectations of these trends to continue, another way to think about this is it was also one of the coolest summers of the rest of our lives,” she added.

Source: TEST FEED1

Campaign Report — A showdown in the Grand Canyon State

Welcome to The Hill’s Campaign Report, tracking all things related to the 2022 midterm elections. You can expect this newsletter in your inbox every Tuesday and Thursday leading up to November’s election.    
 

Email us tips and feedback: Max Greenwood (mgreenwood@thehill.com), Julia Manchester (jmanchester@thehill.com), and Caroline Vakil (cvakil@thehill.com).  

Trump, Pence wage proxy war in Arizona

It’s Donald Trump vs. Mike Pence in Arizona. 

The former president and his one-time No. 2 are slated to hold dueling events in the state on Friday when they’ll stump for rival candidates in the hotly contested GOP gubernatorial primary. Trump has endorsed former TV anchor Kari Lake in the race, while Pence came out this week in support of Karrin Taylor Robson, marking his latest challenge to his former boss.  

It’s hard to see the rivalry between Trump and Pence as anything less than a proxy war for the ultimate fate of the GOP — and the party’s 2024 presidential nomination. Trump has all but said it’s a matter of when, not if, he announces a comeback campaign, while Pence has more aggressively moved toward a run in recent months with a series of public appearances in key early primary and caucus states. 

It’s not the first time that Trump and Pence have come out for opposing candidates in the 2022 midterm primaries. Pence notably supported Georgia Gov. Brian Kemp (R) against Trump-backed former Sen. David Perdue (R-Ga.) in the state’s May gubernatorial primary. Kemp scored a resounding victory in that race, delivering a blow to Trump in a state that he already lost once in the 2020 presidential election. 

The two are also expected to cross paths once again next week in Washington, D.C., where Pence is scheduled to address the conservative Heritage Foundation on Monday and will deliver a speech at the Young America’s Foundation’s annual National Conservative Student Conference on Tuesday. Also on Tuesday, Trump will headline a two-day summit for the America First Policy Institute. 

Of course, neither man has announced a presidential bid yet, and there are other formidable potential contenders waiting in the wings as well. But the jockeying — the endorsements, stump speeches and travel schedules — are par for the course for anyone eyeing a White House campaign.

And while Trump remains the overwhelming favorite for the 2024 nomination for now, there are signs that may be changing. The question is who could supplant Trump as the frontrunner.  

The GOP’s Georgia problem 

Republicans thought they had a clear shot at ousting Sen. Raphael Warnock (D-Ga.) this year – that is, if their nominee stops getting in the way.  

Herschel Walker, the former football star who won the GOP Senate nomination in May, has been beset by a series of unforced errors and stumbles on the campaign trail. He’s admitted to fathering three children he previously failed to disclose publicly despite speaking out against absentee fathers. He’s faced questions about his business record and personal life, and has been panned for rambling, often incoherent, remarks on issues like climate change. Earlier this month, he claimed that America’s “good air” moves over to China, while China’s “bad air” “moves over to our good air space.”   

And it’s not as if the early missteps have gone unnoticed by Walker’s campaign. Last week, he called in a team of veteran Republican operatives earlier this month in an effort to revamp his political operation. Among them were Chip Lake, a longtime Georgia strategist, and Gail Gitcho, a veteran GOP operative who served as communications director for Sen. Mitt Romney’s (R-Utah) 2012 presidential campaign.  

Walker’s challenges have been made evident by recent polling that shows him trailing Warnock. One Quinnipiac University poll released last month showed him trailing his Democratic rival by a staggering 10-point margin. (It’s worth noting, of course, that most other polls show a much tighter contest).  

Still, many Republicans say that Walker needs to turn things around, especially before Labor Day, when general election campaigns tend to ramp up quickly.

As Chuck Clay, a former Georgia senator and state GOP chair, told Max this week: “He needs help. He needs to be much better prepared because when Labor Day rolls around, he’s going to have to be able to articulate and do it consistently and do it coherently. He’s got himself two or three months. He’s a smart guy. But he needs focus. He needs to get that part of the campaign down. A Heisman Trophy isn’t going to bring him a victory.”  

Read more here. 

POLL WATCH 

A new low: A Quinnipiac University poll out Wednesday afternoon showed President Biden’s approval rating dropping to its lowest point yet. Only 31 percent of Americans give the president positive marks for his job performance, while 60 percent say they disapprove. Among registered voters, Biden doesn’t perform much better. Thirty-three percent approve and 59 percent disapprove. See the full results here. 

FIRST IN THE HILL: ENDORSEMENT WATCH 

Scoop: Winning for Women PAC, a Republican group dedicated to electing GOP women to public office, is endorsing congressional candidates Michelle Bond in New York’s 1st Congressional District and Barbara Kirkmeyer in Colorado’s 8th District. 

“These women are majority makers. Michelle is a born and bred New York businesswoman with significant public and private sector experience, and Barbara has made an impact in the Colorado State House since day one,” Winning for Women PAC founder and chair Annie Dickerson first released to The Hill. “We are proud to help them win these competitive seats and take back the House in November.”  

Both races will be closely watched ahead of November, with the Cook Political Report rating Colorado’s 8th District as a “toss-up” and New York’s 1st Congressional District as “lean Republican.” Colorado’s 8th Congressional District was created after the 2020 census, while New York’s 1st Congressional District is represented by Rep. Lee Zeldin (R), who is running for governor. 

Primary update: Maryland 

It’s been two days since Maryland voters went to the polls to choose their nominees in this year’s midterm elections. And while GOP voters sided with Trump in the primary for governor, choosing state Del. Dan Cox over establishment-favorite Katie Schulz, Democrats are still waiting to see who emerges from their gubernatorial primary.  

As it stands, nonprofit executive Wes Moore is in the lead with just under 37 percent of the vote, while former Democratic National Committee Chair Tom Perez is trailing in second place by nearly 10 points. State Comptroller Peter Franchot sits in third at close to 20 percent support.  

Of course, these numbers are still liable to change as election officials begin counting mail-in ballots on Thursday. That process could take days or even weeks, meaning that it could still be some time before we have a clear picture of the results.  

Still, other key races have already been decided.

• In Maryland’s 4th Congressional District, the state’s only open House seat this year, former county prosecutor Glenn Ivey captured the Democratic nomination over former Rep. Donna Edwards (D-Md.), virtually guaranteeing him a spot in Congress next year.
• Likewise, Republican voters in Maryland’s 6th District chose state Del. Neil Parrott to take on Rep. David Trone (D-Md.), setting up a rematch of the 2020 race that saw Trone handily defeat Parrott.  

We’ll keep you updated on the primaries as results come in.  

That’s it for today. Thanks for reading and check out The Hill’s Campaign page for the latest news and coverage. See you next week. 

Source: TEST FEED1

Warren, Markey press student surveillance platforms on reproductive health data

Sens. Elizabeth Warren (D-Mass.) and Ed Markey (D-Mass.) sent letters to four student surveillance programs Thursday asking if they flag search terms related to reproductive health, over concerns the data could be used to punish the students for seeking information about abortion access. 

The senators asked the companies if their software flags content related to phrases such as “pregnant,” “abortion,” and “birth control,” and how they are ensuring that their software is not used to criminalize or punish students. 

“It would be deeply disturbing if your software flags words or activity that suggest students are searching for contraception, abortion, or other related services, and if school administrators, parents, and even law enforcement were potentially informed of this activity,” they wrote.

The letters were sent to Bark Technologies, Gaggle.net, GoGuardian and Securly Inc. 

A spokesperson for Gaggle.net said the company does not track for any reproductive health terms in its algorithm, “nor will we ever do so.” The company is also writing a response to the senators’ letter. 

Spokespeople for the other companies did not immediately respond to requests for comment. 

The senators asked the companies to respond by Aug. 3. 

The letter adds to the growing scrutiny from Democrats over how companies retain and use sensitive data about reproductive health. The concern was amplified after the Supreme Court’s decision last month to strike down Roe v. Wade, triggering abortion bans and severe restrictions in states across the country. 

Several House progressives on Wednesday urged delivery companies FedEx, UPS and DHL to protect the private data of customers amid concerns that lawmakers in anti-abortion states will seek to access information about women who purchase abortion medication.

“Congress has a responsibility to do everything we can to safeguard people’s privacy and protect access to abortion care,” Rep. Cori Bush (D-Mo.) said in a statement.

Source: TEST FEED1

White House uses Biden's COVID infection to stress importance of vaccination

White House officials on Thursday used President Biden’s positive test for COVID-19 to stress the importance of getting vaccinated against the virus as a new variant spread across the country.

“Because the president is fully vaccinated, double boosted, his risk of serious illness is dramatically lower,” Dr. Ashish Jha, the White House’s coronavirus coordinator, told reporters at a press briefing. 

“We have worked very hard over the last 18 months to make sure we have plenty of vaccines, plenty of therapies, that people can get tested on a regular basis… and we all know from medicine that early treatment is always better,” Jha added.

Biden, 79, tested positive for the virus earlier Thursday as part of routine testing, the White House said. He has mild symptoms, but officials have said he is still working from the residence and doing well.

When asked about the president’s risk of serious illness and his condition, Jha repeatedly returned to the importance of Biden having gotten two vaccine shots, plus two booster shots to guard against the virus.

“The good news is — and this was always the point — the good news is his immune system is very well protected given the four vaccine shots he’s gotten. He’s getting treatment. He’s feeling fine. His words,” Jha said.

Jha urged Americans, especially those over 50, to get their shot to reduce their risk of serious symptoms as BA.5, a subvariant of the omicron strain of the coronavirus that is driving an uptick in cases across the country.

Jha and White House press secretary Karine Jean-Pierre also emphasized the importance of the administration’s work in distributing vaccines and making antiviral treatment options like Paxlovid available.

“The president has done the work to make sure more than 200 million people in this country have been vaccinated,” Jean-Pierre said, noting more than 100 million have gotten boosted. “That’s because we have a comprehensive plan so they can be protected. So that is what’s most important here.”

Source: TEST FEED1

More than 100 million under heat advisories as temperatures rise nationwide

More than 100 million people remain under heat advisories or excessive heat warnings Thursday as temperatures across the country hit triple digits. 

The National Weather Service’s (NWS) Weather Prediction Center tweeted that 60 daily high temperature records have been tied or broken, and additional records will likely be set next week. 

The Washington Post reported that about 60 million people in at least 16 states will experience high temperatures at or above 100 degrees, and a half dozen other states could reach the upper 90s. 

The NWS website’s map displaying warnings, watches and advisories shows advisories in place in states like New Jersey, South Carolina and Texas and excessive heat warnings in place in states like Mississippi, Arizona and Nevada. 

The NWS said on Thursday that dangerous heat is continuing to hit the southwestern, south-central and eastern United States, and above-normal temperatures will remain for much of the country through the end of the week. 

Temperatures will surpass 110 degrees in the southwest and only drop into the 80s at night, and the heat indexes in the southern plains to the Mississippi and Tennessee valleys will top 100 degrees for the next couple days. 

The most recent heat wave comes after above average heat and dryness dominated June in much of the country. Last month was the 15th warmest June in 128 years and tied for the 12th driest on record. 

The NWS warned that children, the elderly and those with chronic illnesses are the most vulnerable to heat exposure, and they should take precautions as the heat continues. 

A study published in the Journal of the American Medical Association found in May that extreme heat events are increasing as a result of climate change and are associated with higher death rates among U.S. adults.

Source: TEST FEED1

Colorado River stabilization requires major rethinking, experts say

A series of drastic consumption cuts and difficult management decisions will be necessary to stabilize the Colorado River system amid a 23-year-long “Millennium Drought,” regional experts argue in a new policy paper.

The paper, published in Science on Thursday, dissects how lawmakers and agency administrators might save a cross-border resource that supplies water to more than 40 million people and irrigates nearly 5.7 million acres of agriculture.

Stabilizing the system could occur by accelerating certain policy changes that right now might “seem like a political impossibility” but could become inevitable if current conditions continue, the authors state.

Scientists expect that by the end of this year, the combined storage of Lake Powell and Lake Mead — the two largest reservoirs in the U.S., which are fed by the river — will plunge to 25 percent of their capacity due to the combined effects of climate change and mismanagement.

Only 10 percent of the Colorado River’s natural flow, which is diverted entirely along its 1,400-mile course, now reaches Mexico, and rarely does the river ever get to the ocean, the authors noted in a statement accompanying their paper.

But realizing a wetter future for the Colorado River system would require upending years of ingrained policy: rethinking the “institutional and political divisions” that have defined the so-called “Law of the River” and dictated water allocations for decades, according to the authors.

“Although current policies are inadequate to stabilize the Colorado river if the Millennium Drought continues, various consumptive use strategies can stabilize the system,” the researchers, from Utah State University, Colorado State University and the University of Oxford, said in a statement. 

“However, these measures must be applied swiftly,” they continued. “Although these concessions by both basins may seem unthinkable at present, they will be necessary if recent conditions persist.”

Today, the Colorado River system is divided into Upper and Lower basins, the former of which includes Colorado, New Mexico, Utah and Wyoming, and the latter of which includes Arizona, Nevada and California.

For 100 years, the authors explained, the Law of the River has governed the system’s management — comprised of interstate compacts, a binational treaty and relevant amendments. But the law is not set in stone and has been revised over the years.

Nonetheless, as the Millennium Drought becomes the “new normal,” researchers warn that an incremental approach to adaption is no longer practical.

“The risks of drought and climate change are both uncertain and potentially severe,” the authors wrote in an executive summary of their 90-page paper. “However, our ability to control these futures is extremely limited compared to our ability to control the future demands for water.”

Modeling 100 potential scenarios and management strategies, the authors determined that dramatic steps must be taken to stabilize the river’s resources, including changing measuring strategies and tactics.

Researchers cast doubt on projections indicating a significant increase in consumption in the Upper Basin, calling them “unrealistically high.” Water use in the upper region has remained essentially unchanged since 1988, and no such forecasts exist for the Lower Basin.

Water-supply management plans based on such increased use therefore both “mislead the public about the magnitude of the impending water supply crisis and make identifying solutions to an already difficult problem even harder,” the researchers contended.

Today, cuts in water use in the Lower Basin occur when Lake Mead declines to certain elevations, while the amount of water released from Lake Powell depends on the elevations of both reservoirs.

The researchers maintain that the current approach clouds the public’s perception of water conditions and “convolutes management responses to critical situations.”

Moving forward, authors suggested using the combined storage contents of Lake Powell and Lake Mead as the primary metric for water management in the Colorado River.

Their proposed metric would reveal “status of the actual resource being managed — the stored water supply,” according to the paper.

But implementing such a measure, the researchers acknowledged, would challenge both historic compact obligations and existing divisions between Upper and Lower basin states.

A stable path forward would also require increased limitations on Upper Basin water use, as well as significantly larger Lower Basin reductions in supply, the authors noted.

“The Colorado River can be sustainably managed only if consumptive water uses are matched to available supplies,” they said.

Such a shift, however, would require “aggressive commitments to water conservation by both the Upper and Lower Basins, according to the paper.

“The Law of the River will need to be adapted more dynamically than ever before,” the authors added.

Source: TEST FEED1