Colorado River Lower Basin States Face Tier 1 Shortage and Maybe More

by Fred Breedlove The U.S. Bureau of Reclamation’s April 24-Month Study, published this week, as expected, signals a significant likelihood of reduced water deliveries in the Lower Basin of the Colorado River to Arizona, California, and Nevada. Not only does … Continue reading

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“Forever Chemicals” Found in Phoenix Metro Area

by Patrick J. Paul On February 23, 2021 the US Air Force issued a press release announcing its distribution of bottled water to homeowners and businesses immediately east of Luke Air Force Base following the discovery of Perfluoroctanoic (PFOA) and Perfluoroctane … Continue reading

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Corps Announces Changes to Clean Water Act Permit Program

by Patrick J. Paul On January 13, 2021, the U.S. Army Corps of Engineers (Corps) announced revisions to its Nationwide Permit (NWP) Program under the Clean Water Act.  The final rule reissues 12 existing NWPs and creates four new NWPs. Major … Continue reading

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The Rush is On for Jurisdictional Determinations

by Mitchell J. Klein The EPA and the Corps of Engineers are seeing an unprecedented amount of requests for determining whether or not an activity impacts a Water of the United States and triggers Clean Water Act restrictions and permitting. … Continue reading

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Utah Division of Water Rights Announces New Tool to Track Status of Change Applications

by Graham J. Gilbert On June 22, 2020, the Utah Division of Water Rights (also referred to as the State Engineer’s Office) released a new tool to assist with tracking permanent water right change applications.  Change applications propose modifications to … Continue reading

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No Good Deed Goes Unpunished: AZ Drought Contingency Plan Stakeholders Recruited for Next Phase of Colorado River Work

by Fred Breedlove On Thursday, June 25, 2020, Arizona’s Lower Basin Drought Contingency Plan (“LBDCP”) Steering Committee (aka the “Drought Contingency Plan Committee”) is scheduled to reconvene and take on a new name and a new task.  The LBDCP will … Continue reading

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Wastewater Flows Can Predict COVID-19 Spread

by Patrick Paul As we reported previously, researchers at Arizona State University in Tempe have been evaluating the possible link between wastewater and the spread of the coronavirus in local communities.  Similar research is also being conducted in Northern Arizona … Continue reading

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Ninth Circuit Wetlands Ruling Muddies the Waters for Development Nationwide

by John W. Andrews On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas … Continue reading

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WOTUS Redefined: The New Definition of Waters of the United States

by Farris J. Gillman On April 21, 2020, the EPA and U.S. Army Corps of Engineers finalized a new definition of waters of the United States (sometimes called “WOTUS”). This new definition has fundamental implications for the application of point … Continue reading

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Drought and Water Demand Continues in Spite of COVID-19 Pandemic

by Fred Breedlove The demands on government and private water providers to address the declining availability of water resources in the southwest did not get a reprieve, unfortunately, when the COVID-19 virus emerged in February. Last August, I wrote that … Continue reading

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