Water Law
Our Practice - What We Do
Snell & Wilmer established itself as a leader in water law issues with the historic representation of the State of Arizona in Arizona v. California, where the Colorado River water rights were allocated by the United States Supreme Court to the lower basin states. Mark Wilmer successfully represented Arizona and received a decision that has significantly impacted Arizona's economic development and growth. The firm has expanded its knowledge and experience in water law issues. Today, our attorneys advise clients on a wide variety of water law matters throughout the West.
Our attorneys regularly advise clients on water rights adjudications, sale, lease and transfer of water rights and engage in water rights litigation. As the western region of the United States struggles with water issues, we work with developers, industrial users, farmers and water providers to resolve issues related to water rights administrative change proceedings and appeals; water rights due diligence and title examination; obtaining rights to reclamation project water; and the acquisition of assured water supplies for new developments.
Our Attorneys - Who We Are
Snell & Wilmer’s team of Water Law attorneys are experienced in virtually every aspect of water law, and regularly represent clients from throughout the Western United States in water issues. Clients of the Water Law team represent a broad spectrum of water users and those with interests in the ongoing surface water rights adjudications in Arizona and Utah. We have represented political subdivisions and private industry, along with developers, industrial users, farmers, and other water providers and consumers.
Our Clients - Who We Represent
We represent public and private entities in various industries, including manufacturing, utilities, oil, gas and mining, hospitality, banking, real estate, and beverage distribution services. Periodically, the State of Arizona calls upon our water law attorneys to serve as Special Attorneys General on select water matters.
Our Experience - What We've Done
- Central Arizona Project - represented a major mining concern and public utilities in the acquisition and use of Central Arizona Project entitlements for municipal and industrial water
- Indian Water Rights - represent numerous utilities, mining companies and owners of real property, in the negotiation of settlements of water rights claims asserted by various Indian tribes in Arizona
- General Adjudications - representation of various claimants in general stream adjudications on the Gila River and Little Colorado River in Arizona and the Jordan River and San Rafael River in Utah
- Water Rights Litigation - represent Utah mining company in water rights litigation against irrigation company. Prevailed at trial, vacated on appeal (United States Fuel Co. v. Huntington Cleveland Irr. Co. 2003 UT 49), and currently pending in general water rights adjudication.
- Power Plant, Salt Lake City - sale and closing of the Lake Side Power Plant site. Energy company submitted a bid proposal to PacifiCorp in 2003, to provide PacifiCorp with a natural gas-fired power plant to go on-line 2007. Snell & Wilmer’s client was the successful bidder, and the firm assisted client in acquiring the land, water rights and emission reduction credits for the power plant
- Sundance Resort - represented seller of 504 acre feet of water to Robert Redford for uses associated with the Sundance Resort in Utah
- Private Water Utility - assisted private Arizona water, sewer and reclaimed water utility in negotiating with developer of some 40,000 acres in the Salt Lake Valley a joint venture private utility service agreement
- Negotiated sale of and rendered title opinion on over 500 acre feet of water rights acquired for Sundance Ski Resort and surrounding community
- Represented national lenders on multi-million dollar loans secured in part by ground and surface water rights located in Nevada and Utah
- Represented mining company since mid-1990s in contentious ground and surface water rights lawsuit and adjudication against irrigation company in central Utah
External Links
U.S. Geological Survey - Water (Department of the Interior)
U.S. Department of the Interior
State Law Resources, Inc.
NARUC