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Managing Arizona’s Water Resources
Today and Tomorrow
Managing Arizona’s Water Resources
Today and Tomorrow
Rita P. Maguire, Esq.Maguire & Pearce PLLC
Rita P. Maguire, Esq.Maguire & Pearce PLLC
ACMA Water Conference
February 8, 2008
ACMA Water Conference
February 8, 2008
February 8, 20082
Does Arizona have enough water?Does Arizona have enough water?
Yes . . .
and No.
The answer is . . . it depends.
Yes . . .
and No.
The answer is . . . it depends.
February 8, 20083
Arizona’s FutureArizona’s Future
February 8, 20084
Where does Arizona’s water come from?Where does Arizona’s water come from?
Colorado River
Other surface water
(Salt, Verde, Gila Rivers)
Groundwater
Effluent
Colorado River
Other surface water
(Salt, Verde, Gila Rivers)
Groundwater
Effluent
February 8, 20085
Where does Arizona’s water come from? Where does Arizona’s water come from?
Total statewide demand: ~7.87 maf/year
About 40% supplied by
groundwater pumping
More than 50% supplied by
Colorado & Gila River systems
Use of reclaimed water is increasing –
currently 7%
Total statewide demand: ~7.87 maf/year
About 40% supplied by
groundwater pumping
More than 50% supplied by
Colorado & Gila River systems
Use of reclaimed water is increasing –
currently 7%
GroundwaterGroundwater
Colorado &Gila RiversColorado &Gila Rivers
February 8, 20086
Arizona’s 2000 Water Budgetby Use SectorArizona’s 2000 Water Budgetby Use Sector
80%
Agriculture
80%
Agriculture
16%
Municipal
16%
Municipal
4%
Industrial, Mining,Utilities, & Livestock
4%
Industrial, Mining,Utilities, & Livestock
February 8, 20087
What if an extended drought is normal?What if an extended drought is normal?
Hydrological studies
indicate that cyclical
wet/dry periods of 20-30
years are normal
Supply calculations might
be overly optimistic
What does this mean for
water management?
Hydrological studies
indicate that cyclical
wet/dry periods of 20-30
years are normal
Supply calculations might
be overly optimistic
What does this mean for
water management?
February 8, 20088
Climate Change: Can we manage our water supplies in response?Climate Change: Can we manage our water supplies in response?
Will the future bring more or less
precipitation?
The evidence is inconclusive
More heat means –
Higher evaporation rates &
increased water demands
Will the future bring more or less
precipitation?
The evidence is inconclusive
More heat means –
Higher evaporation rates &
increased water demands
February 8, 20089
Environmental DemandsEnvironmental Demands
Arizona ranks 2nd among the 50 states
in the number of plant & animal species
endemic to itself
The principal effect of water policy on
the environment involves altered stream
flow regimes
Arizona ranks 2nd among the 50 states
in the number of plant & animal species
endemic to itself
The principal effect of water policy on
the environment involves altered stream
flow regimes
February 8, 200810
Mexican Water IssuesMexican Water Issues
Colorado River
• Colorado River Delta
• Lining the All-American Canal / Drop 2 Storage
• Yuma Desalting Plant
Santa Cruz River
• Sewage flowing north from Nogales, Sonora
Colorado River
• Colorado River Delta
• Lining the All-American Canal / Drop 2 Storage
• Yuma Desalting Plant
Santa Cruz River
• Sewage flowing north from Nogales, Sonora
February 8, 200811
Colorado River Basin StatesColorado River Basin States
California4.4 MAF
Nevada.3 MAF
Arizona2.8 MAF
New Mexico.838 MAF
Colorado3.855 MAF
Wyoming1.043 MAF
Utah1.714MAF UPPER
BASIN
LOWERBASIN
Mexico1.5 MAF
February 8, 200812
Current Lower Basin Reservoir Stats *Current Lower Basin Reservoir Stats *
* As of 1/1/08* As of 1/1/08
Current StorageCurrent Storage Percent FullPercent Full MillionAcre-Feet
MillionAcre-Feet
Lake PowellLake Powell 46%46% 11.811.8
Lake MeadLake Mead 50%50% 12.512.5
Total System StorageTotal System Storage 53%53% 31.831.8
Total System StorageTotal System StorageLast YearLast Year
55%55% 34.234.2
February 8, 200813
The Colorado River system is facing the worst drought on record. Lake Mead's water level has dropped approximately 70 feet since January 2000.
The Colorado River system is facing the worst drought on record. Lake Mead's water level has dropped approximately 70 feet since January 2000.
When full, Lake Mead contains enough water to cover the state of New York with water one foot deep.When full, Lake Mead contains enough water to cover the state of New York with water one foot deep.
Lake Mead’s Water LevelLake Mead’s Water Level
February 8, 200814
Growing NeedsGrowing Needs
Can the Colorado River meet the growing
needs of Arizona, California, & Nevada?
Lower basin is fully appropriated
Southern California cities must buy water from
farmers & improve efficiencies
Southern Nevada Water Authority is storing water in
Arizona & retiring agricultural uses in Nevada
Mexico & environmental demands threaten existing
users in the Colorado Basin
Can the Colorado River meet the growing
needs of Arizona, California, & Nevada?
Lower basin is fully appropriated
Southern California cities must buy water from
farmers & improve efficiencies
Southern Nevada Water Authority is storing water in
Arizona & retiring agricultural uses in Nevada
Mexico & environmental demands threaten existing
users in the Colorado Basin
February 8, 200815
Indian Water RightsIndian Water Rights
More than one-fourth of the state’s land is held in trust as reservations for the benefit of American Indians – – 23 reservations in Arizona
The priority of tribal claims to water in the West was established in 1908 with the “Winters Doctrine”
In Arizona v. California, an agricultural purpose has been the basis for determining the quantity of tribal water rights know as “Practicably Irrigable Acreage” (PIA)
The 2004 Arizona Water Settlement Act increased the amount of CAP Colorado River water controlled by central Arizona tribes to 47%
More than one-fourth of the state’s land is held in trust as reservations for the benefit of American Indians – – 23 reservations in Arizona
The priority of tribal claims to water in the West was established in 1908 with the “Winters Doctrine”
In Arizona v. California, an agricultural purpose has been the basis for determining the quantity of tribal water rights know as “Practicably Irrigable Acreage” (PIA)
The 2004 Arizona Water Settlement Act increased the amount of CAP Colorado River water controlled by central Arizona tribes to 47%
February 8, 200816
Current Water Regulation ProgramsCurrent Water Regulation Programs
Inside AMAs
• Assured Water Supply Rules
• Conservation programs
Outside AMAs
• Adequacy program
• New 100-year Adequacy Requirement
• Rural watershed studies
Across Arizona
• Well-drilling & well-spacing rules
• Surface water rights adjudication
Inside AMAs
• Assured Water Supply Rules
• Conservation programs
Outside AMAs
• Adequacy program
• New 100-year Adequacy Requirement
• Rural watershed studies
Across Arizona
• Well-drilling & well-spacing rules
• Surface water rights adjudication
February 8, 200817
Surface Water & Groundwater are Managed Separately in ArizonaSurface Water & Groundwater are Managed Separately in Arizona
At the time of statehood, most of the state’s surface water had been appropriated
• Competing demands for the state’s scarce surface water flows led to the adoption of the legal doctrine known as “Prior Appropriation”
In Southwest Cotton (1931), the Arizona Supreme Court first distinguished between rights to surface water & groundwater
• Arizona adopted the “American Rule” of groundwater use which allowed landowner’s to access groundwater for “reasonable use” so long as it wasn’t transported off the land
At the time of statehood, most of the state’s surface water had been appropriated
• Competing demands for the state’s scarce surface water flows led to the adoption of the legal doctrine known as “Prior Appropriation”
In Southwest Cotton (1931), the Arizona Supreme Court first distinguished between rights to surface water & groundwater
• Arizona adopted the “American Rule” of groundwater use which allowed landowner’s to access groundwater for “reasonable use” so long as it wasn’t transported off the land
February 8, 200818
The 1980 Groundwater Management ActThe 1980 Groundwater Management Act
Established the Arizona Department of Water Resources (ADWR)
Authorized ADWR to map all of the state’s groundwater basins
Active Management Areas (AMAs) are established where access to groundwater is limited & quantified
By 2025, “Safe Yield” of the groundwater basins in the state’s AMAs except Pinal
Established the Arizona Department of Water Resources (ADWR)
Authorized ADWR to map all of the state’s groundwater basins
Active Management Areas (AMAs) are established where access to groundwater is limited & quantified
By 2025, “Safe Yield” of the groundwater basins in the state’s AMAs except Pinal
February 8, 200819
What is Safe Yield?What is Safe Yield?
Groundwater
Pumped
Groundwater
Pumped==
Groundwater
Replenished
Groundwater
Replenished
February 8, 200820
The 1980 Groundwater Management ActThe 1980 Groundwater Management Act
Established the Arizona Department of Water Resources (ADWR)
Authorized ADWR to map all of the state’s groundwater basins
Active Management Areas (AMAs) are established where access to groundwater is limited & quantified
By 2025, “Safe Yield” of the groundwater basins in the state’s AMAs except Pinal
Prohibits all new irrigation within the AMAs
Allows “exempt” wells with a pumping capacity of <35GPM – for domestic use
Established the Arizona Department of Water Resources (ADWR)
Authorized ADWR to map all of the state’s groundwater basins
Active Management Areas (AMAs) are established where access to groundwater is limited & quantified
By 2025, “Safe Yield” of the groundwater basins in the state’s AMAs except Pinal
Prohibits all new irrigation within the AMAs
Allows “exempt” wells with a pumping capacity of <35GPM – for domestic use
February 8, 200821
Active Management Areas (AMAs)Active Management Areas (AMAs)
February 8, 200822
Active Management Areas (AMAs)Active Management Areas (AMAs)
AMAs comprise• 80% of population• 75% of water
consumption• 13% of land
4 of the 5 AMAs have a mandated goal of safe yield by 2025
All new irrigation banned in AMAs & INAs after 1980
AMAs comprise• 80% of population• 75% of water
consumption• 13% of land
4 of the 5 AMAs have a mandated goal of safe yield by 2025
All new irrigation banned in AMAs & INAs after 1980
February 8, 200823
Effluent – From Trash to TreasureEffluent – From Trash to Treasure
The John F. Long Case (1989)
HB 2518 (2006) – Allows gray water to be counted for Assured Water purposes
Gray water vs. Reclaimed water – both are increasing in availability
The John F. Long Case (1989)
HB 2518 (2006) – Allows gray water to be counted for Assured Water purposes
Gray water vs. Reclaimed water – both are increasing in availability
February 8, 200824
New Rural Water Management OptionsNew Rural Water Management Options
SB 1575: Water Adequacy
San Pedro Water Conservation District
SB 1575: Water Adequacy
San Pedro Water Conservation District