Reclamation Declares Tier 1 Shortage on Colorado River for 2022

by Fred Breedlove The U.S. Bureau of Reclamation (“Reclamation”) published its August 2021 24-Month Study on Monday, effectively declaring a shortage on the Colorado River for the Lower Colorado River Basin.  The August study predicts that the elevation of Lake … Continue reading

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Bipartisan Infrastructure Package Passes the Senate

by Amanda A. Reeve Arizona’s Senior U.S. Senator Kyrsten Sinema is credited as being instrumental in negotiating the $1.2 trillion infrastructure package, H.R. 3684, entitled “Investing in a New Vision for the Environment and Surface Transportation in America Act (“INVEST in … Continue reading

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Trump Administration’s Clean Water Rule to Remain as Agencies Seek its Revision

by Patrick J. Paul On Wednesday, July 14, 2021, a federal court in South Carolina allowed the Trump administration’s Navigable Waters Protection Rule (NWPR), defining the scope of Clean Water Act jurisdiction, to remain in place while the U.S. Environmental … Continue reading

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EPA to Revisit Clean Water Act WOTUS Rule

by Patrick J. Paul On June 9, 2021, in a move that came as a surprise only for its delay in being announced and not at all in the substance of the announcement itself, the EPA and US Army Corps … Continue reading

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Arizona Governor Seeks PFAS Assistance from Feds

by Patrick J. Paul On April 27, 2021 Governor Doug Ducey sent a letter to Secretary of Defense Lloyd Austin requesting the Department of Defense (DOD) identify and treat water in Arizona contaminated in the areas surrounding four defense installations and … Continue reading

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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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