by Patrick J. Paul The federal Clean Water Act created federal jurisdiction over “navigable waters” defined as “waters of the United States” (WOTUS). Since becoming law in 1972, debate over what is, and is not, WOTUS has been robust. The Supreme Court’s 2006 decision in Rapanos v. U.S. epitomized the challenges in finding consensus on […]
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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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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 Mead at Hoover Dam will continue to be below 1,075 feet (the level that triggers […]
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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 America Act”), as amended, that passed with bipartisan support (69-30) in the U.S. Senate on […]
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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 Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) work on a replacement […]
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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 of Engineers (Corps) announced their intent to revise the definition of “waters of the United […]
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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 prevent additional human exposure to per- and polyfluoroalkyl substances (PFAS) from other DOD facilities in […]
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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 it suggest a high likelihood of Tier 1 reductions for 2022 and 2023, but it […]
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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 Sulfonate (PFOS) in drinking water samples. The Air Force Civil Engineer Center recently conducted sampling […]
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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 changes to existing NWPs include removing limits on stream loss measured in linear feet from […]
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