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Basin States Agree to Reduced Colorado River Deliveries

by Fred Breedlove Less than two weeks ago, we wrote that the Department of Interior proposed reducing Colorado River deliveries in 2022 by 480,000 acre-feet and that Assistant Secretary Trujillo had asked the Basin States for comments on this proposal.  Wasting no time at all, the Basin States responded last week. In a letter dated […]

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Feds Considering Emergency Reductions to Colorado River Deliveries

by Fred Breedlove In an April 8, 2022 letter to each of the seven Colorado River basin states, the Interior Department asked for comments by April 22 about its plan to reduce releases from Glen Canyon Dam to 7.0 million acre-feet (maf) this year, a reduction of 480,000 acre-feet. In the letter, Assistant Secretary for […]

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Rare Rulemaking Initiated by Arizona Department of Water Resources

by Fred Breedlove The Arizona Department of Water Resources (“ADWR”) announced on September 18, 2021 that it had initiated a rulemaking for three subject areas:  licensing timeframes, well construction and licensing, and dam safety.  Overall, the proposed changes are mostly non-substantive in nature; however, new additions to ADWR’s licensing timeframes (“LTFs”) are welcome changes for […]

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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 even though the snowpack that feeds the Colorado River was 145% of normal for 2018-2019, […]

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EPA Issues Guidance Concerning Coronavirus and Drinking Water

by L. William Staudenmaier The United Environmental Protection Agency (EPA) has issued guidance (https://www.epa.gov/coronavirus/coronavirus-and-drinking-water-and-wastewater#tapwater) regarding the status of public drinking water systems in light of the ongoing spread of the COVID-19 coronavirus across the country.  In the guidance document, EPA states that “[b]ased on current evidence, the risk to water supplies is low.  Americans can […]

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Plaintiffs Seeking to Expand Scope of PFAS Actions

by Mitchell J. Klein Because proving who is responsible for introducing PFAS contamination into water supplies can be difficult and expensive, and pursuing government entities such as military bases, firefighting training facilities and airports is particularly problematic, the manufacturers of PFAS-containing products appear to be easier targets. Thus, private well owners and public water utilities that […]

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Pinal Active Management Area Stakeholders Address Projected Water Deficit

by L. William Staudenmaier In November 2019, the Arizona Department of Water Resources (ADWR) released the results of an updated groundwater model that projects a groundwater availability deficit over the next 100 years in the Pinal Active Management Area (AMA) in central Arizona.  The 100-year projection is driven by Arizona’s Assured Water Supply program, which […]

Top Five Issues to Watch in Arizona Water Law

by Karlene Martorana Drought on the Colorado River.  Although the winter snowpack in the Rockies is off to a good start and California has seen heavy rainfall this winter, the drought in the southwest is not over.  One wet season cannot overcome the water deficit in reservoirs along the Colorado River caused by the prolonged […]

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Former Counsel

Federal Appeals Court to Determine Tribal Reserved Rights to Groundwater

by Christopher W. Payne The Ninth Circuit Court of Appeals will soon determine whether the Agua Caliente Band of Cahuilla Indians has a federal reserved right to groundwater in a water rights case that could set a precedent for tribes across the West.  The case is entitled Agua Caliente Band of Cahuilla Indians v. Coachella […]

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California Water Law Update

By Katherine A. McKitterick and Sean M. Sherlock To address the worsening drought, on April 1, 2015, Governor Brown issued Executive Order B-29-15 (“Executive Order”), mandating a 25% reduction in potable urban water consumption. In response, the State Water Resources Control Board has passed emergency regulations that will directly affect water districts and users. And […]