Colorado is heading into one of the most severe drought years in modern memory—and for many water users who have never faced a water call, this may be the year that changes.
Snowpack across Colorado is alarmingly thin. As of mid-March 2026, statewide average snow water equivalent—the measure of how much water the snowpack holds—sits at just 62% of median, the second lowest recorded in the past 46 years. The water year has also been the warmest on record in 131 years of tracking by the Colorado Climate Center. Governor Jared Polis responded on March 16, 2026, by activating Phase 2 of the Colorado Drought Response Plan, citing severe drought conditions across 40 counties, convening within 30 days to assess conditions and guide the state’s response heading into irrigation season.
How Calls Work
Colorado water law is built on the prior appropriation doctrine—the foundational principle that the oldest water rights get served first. The state’s Division of Water Resources is responsible for distributing water in each river basin according to this priority system, with Division Engineers and water commissioners on the ground enforcing those rights every day. When there is not enough water in a stream to go around, a senior water right holder can place a “call” on the stream.
A call is a formal demand that junior users—those with newer water rights—reduce or stop their diversions until the senior user’s decreed amount is satisfied. A water user can only call for as much water as their decree allows, and only for water they can actually put to beneficial use.
Water commissioners evaluate calls daily, weighing real-time streamflow data, stream gains and losses, and other operations across their system to decide how much water is available and how to fill as many calls as possible. In a complex river system, there may be multiple active calls at once—for example, one on a main stem and another on a tributary.
Not every call results in a shutoff for junior users. In some cases, a Division Engineer may determine that a call is “futile”—meaning the water a junior user is diverting would not actually reach the senior water right holder’s point of diversion at the time and place it is needed. When that determination is made, the junior user may continue diverting out of priority. Futile call determinations can provide meaningful relief, but they depend entirely on stream conditions and the Division Engineer’s assessment. In practice, futile call determinations are exceedingly rare across most of the state. In some basins, Division Engineers have adopted policies that make futile call relief essentially unavailable—placing the burden on the curtailed water right holder to show that their diversion would not reach the senior user.
When a junior user is ordered to stop diverting, compliance is not optional. Water commissioners can adjust or lock headgates to control deliveries. If a user refuses to comply, the Division Engineer can issue a cease and desist order, and the State Engineer can seek injunctive relief in court.
Why This Year Is Different
Calls are a normal part of Colorado water administration—senior users exercise their rights every irrigation season. But in a year this dry, calls are expected to reach users who rarely, if ever, experience calls. Historically, comparisons are being drawn to 1977 and 2002, two of the state’s most punishing drought years. Low snowpack means less water in the stream—and less water means calls reach further down the priority list.
Water users on streams that are often well-supplied in normal years may find themselves in the path of a call for the first time. This includes irrigators, municipal systems, and others who hold relatively junior rights—even if those rights are decades old. A policy alert from Somach Simmons & Dunn’s Michael W. Daugherty and Ryan J. Mitchell (Understanding Calls in Colorado and Avoiding Water Cuts in a Year of Drought) offers a useful framework for understanding how calls develop and what options water users may have to avoid or respond to cuts, including exploring substitute water supply plans, augmentation plans, or exchanges.
State Response
Governor Polis’s March 16, 2026 drought memorandum activating Phase 2 of the state’s Drought Response Plan is a significant signal. The 40 counties named in the order stretch from the northern Front Range through the Western Slope, including Grand, Eagle, Garfield, Gunnison, La Plata, Montezuma, and many others.
Under the activated plan, a Drought Task Force comprising senior leaders from the Departments of Natural Resources, Agriculture, Local Affairs, and Emergency Management will convene within 30 days. The group will receive monthly updates on drought conditions, coordinate response efforts across state agencies, and report recommendations directly to the Governor as the irrigation season unfolds.
Key Considerations
If you hold a junior water right and have not reviewed your priority relative to senior users on your stream, now is the time. Understand your decree, know who your water commissioner is, and be aware that call administration can move quickly once irrigation season begins. If your operation depends on water delivery, consider whether there are options—exchanges, storage releases, or other arrangements—that could provide some buffer if a call reaches your headgate.
This year’s drought is not an ordinary one. The combination of record warmth, historically low snowpack, and an already-activated state Drought Response Plan points to a difficult and potentially precedent-setting irrigation season. Water users across Colorado should watch call administration closely and be prepared to act fast when conditions demand action.
If you have questions about how calls work, what your water right priority means this season, or how to prepare for potential curtailments, please contact:
Somach Simmons & Dunn provides the information in its Environmental Law & Policy Alerts and on its website for informational purposes only. This general information is not a substitute for legal advice, and users should consult with legal counsel for specific advice. In addition, using this information or sending electronic mail to Somach Simmons & Dunn or its attorneys does not create an attorney-client relationship with Somach Simmons & Dunn.
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