Environmental and Natural Resources

A Robust and Diverse Water Portfolio Enables Arizona to Meet the Challenges Ahead

Over the past five weeks, we have described the wide range of water resources available to meet Arizona’s current and future needs.  These resources include groundwater, in-state surface water, Colorado River water, long-term storage credits, and reclaimed water.  We also discussed the latest developments on groundwater availability in the Phoenix Active Management Area.  As these […]

| 3 min read | Tagged: , , , , ,
WS
JB
FB
JH
Associate

Breaking News:  Phoenix AMA Has Abundant Groundwater and Will Still Have Abundant Groundwater in 100 Years

On June 1, 2023, Arizona Governor Katie Hobbs revealed the results of a new groundwater model prepared by the Arizona Department of Water Resources (“ADWR”) that predicts the future availability of groundwater for pumping throughout most of the Phoenix Active Management Area (the “Phoenix AMA”) over the 100-year period mandated by ADWR’s Assured Water Supply […]

| 12 min read | Tagged: , , ,
FB
JB
JH
Associate
WS

The Rise of Reclaimed Water:  Reuse of Water in Arizona, Already Important, is Primed to Grow Alongside Increasing Scarcity of Other Water Sources

It seems that not a day goes by without another news story bringing Arizona to the forefront of a national dialogue about water security in a time of drought, changing climate, and growing population. This article is Part 6 of Snell & Wilmer’s series providing context for that dialogue as it applies to Arizona’s diverse […]

| 7 min read | Tagged: , , , , ,
JB
FB
JH
Associate
WS

Long Term Storage Credits: Securing Arizona’s Water Future

This article is Part 5 of Snell & Wilmer’s series on Arizona’s water supply and legal framework. So far in this series we have examined the most common and most-used water sources in Arizona’s diverse water portfolio:  groundwater, surface water, and Colorado River water. This article describes Arizona’s long-term storage credit (LTSC) system, which provides […]

| 7 min read | Tagged: ,
JH
Associate
JB
WS
FB

Two Idaho Homeowners Finally Clarify Scope of Clean Water Act

Yesterday, the United States Supreme Court curtailed the federal government’s powers to regulate private property under the auspices of the Clean Water Act (CWA).  The Court in Sackett v. EPA held that “the CWA extends to only those “wetlands with a continuous surface connection to bodies that are ‘waters of the United States’ in their […]

| 3 min read | Tagged: , , , , ,
MF
JH
Associate
LN

The Law of the Colorado River:  An Opportunity for Change

The Department of Interior announced on Monday, May 22, 2023 an agreement with the Lower Basin states to conserve 3 million acre-feet (“MAF”) of water in Lake Mead for the next four years, with 2.3 MAF paid for with funding from the Inflation Reduction Act.  The balance of 700,000 acre-feet will need to be conserved […]

| 10 min read | Tagged: , , , , , , ,
FB
JB
JH
Associate
WS

Arizona’s In-State Surface Water Resources:  Appropriable Water, Used Appropriately, Fosters Economic Development

This article is Part 3 of a series providing information about the resilience of Arizona’s water supplies during a time in which the news is dominated by stories about drought and scarcity.  As we noted in Part 1, Arizona has a very diverse water portfolio to draw on, including Colorado River water, in-state surface water, […]

| 10 min read | Tagged: , ,
JB
FB
JH
Associate
WS

More than Just a Drop in the Bucket, Arizona Groundwater Supplies Pose Problems and Potential Solutions for Policy Makers

While the local and national press inundate us with articles about the dire nature of Arizona’s water supplies and questions about why people are even allowed to live in a desert, careful planning by water leaders over decades has created resilient responses to these challenges that are unmatched in the Southwest and perhaps the nation.  […]

| 8 min read | Tagged: , , , , ,
FB
JB
JH
Associate
WS

As an Excellent Winter Transitions to an Uncertain Spring, How Secure are Arizona’s Water Supplies?

Arizona’s water supplies have been front page news for months.  Both local and national media have reported on increasingly serious shortages on the Colorado River and the inability of the states that rely on the River to reach consensus on how to share those shortages.  Other outlets have reported on issues relating to Arizona’s groundwater […]

| 3 min read | Tagged: , , , ,
WS
FB
JB
JH
Associate

Pushing the United Nations for Recognition of Access to a Clean Environment as a Human Right

by John Habib The United Nations Human Rights Council passed Resolution 48/13 in October 2021. The Resolution recognizes as a human right a person’s access to a clean, healthy, and sustainable environment. Non-governmental organizations are now pushing the United Nations General Assembly to formally adopt Resolution 48/13. The United States did not take part in […]

| 1 min read | Tagged: ,
JH
Associate