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 […]
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 […]
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 […]
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 […]
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, […]
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. […]
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 […]
by Fred Breedlove The U.S. Bureau of Reclamation has released its Near-term Colorado River Operations Draft Supplemental Environmental Impact Statement, analyzing three paths forward for managing the Colorado River in light of the potentially dire consequences if they fail to act. The Draft SEIS describes three potential choices without making a specific recommendation: (1) do […]
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by Patrick J. Paul On March 14, 2023, EPA announced the first ever national drinking water standard for PFAS via its proposed National Primary Drinking Water Regulation (NPDWR) for six specific PFAS including perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX Chemicals), perfluorohexane sulfonic […]
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by Michael C. Ford The mining industry was on the losing end of two recent Clean Water Act cases. Stone v. High Mountain Mining Company, LLC,[1] was decided September 12, 2022, and involved a citizen suit challenge to a placer mine operating without a Clean Water Act (“CWA”) discharge (“NPDES”) permit. High Mountain’s operations include […]
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