by Graham Gilbert This article discusses a specific aspect of the Utah Lake/Jordan River General Water Rights Adjudication: options if you miss the deadline for filing a Statement of Water User’s Claim and your water rights end up on the List of Unclaimed Rights. Before tackling this topic, I want to offer some background about […]
GG
by Michael C. Ford and Mitchell J. Klein If you haven’t heard of per-and polyfluoroalkyl substances (PFAS), you likely will soon. Like DDT, PCBs, asbestos, and MTBE before it, PFAS are a class of chemicals that have been used in a wide variety of commercial and industrial products, only to have potential adverse environmental and […]
MF
MK
by Lucas J. Narducci This week was a busy week at the Arizona State legislature. Several bills were dropped in order to meet deadlines placed by the federal government to have agreement on a drought contingency plan “DCP” by January 31, 2019. The bills that were dropped can be found here: HJR 2002 – Colorado […]
LN
by Michael C. Ford The partial government shutdown that began December 22, 2018 has interrupted the Trump administration’s proposal to revise the Clean Water Act’s definition of Waters of the United States (WOTUS Proposal). The pre-publication version of the WOTUS Proposal was released on December 11, 2018.[1] Less than a week after the shutdown began, […]
MF
by L. William Staudenmaier As members of the Colorado River Water Users’ Association gathered for their annual meeting in Las Vegas last week, the States of Arizona and California appeared to be making progress towards approving agreements needed to implement a basin-wide drought contingency plan or “DCP.” It appears they are doing so just in […]
WS
by Patrick J. Paul In a long anticipated move, on Tuesday December 11, 2018 the U.S. Environmental Protection Agency (EPA) proposed further revisions to the federal Clean Water Act’s definition of “waters of the United States,” (WOTUS), clawing back the number of waterways subject to federal protection that was expanded greatly during the Obama Administration […]
PP
by L. William Staudenmaier On August 9, 2018, the Arizona Supreme Court issued a decision with potentially important implications for future residential and commercial development in Arizona. In Silver v. Pueblo Del Sol Water Company, a divided court held that the Arizona Department of Water Resources (“ADWR” or the “Department”) properly applied a long-standing regulation implementing […]
WS
by Graham J. Gilbert Bear Lake straddles the Utah-Idaho border. While it was originally an isolated, natural lake, improvements installed over a century ago connected the lake to the nearby Bear River and allowed it to be operated as a reservoir. Outflow from Bear Lake now enters the Bear River, which flows north and west […]
GG
by Michael C. Ford There’s yet more breaking news on the Trump administration’s efforts to clarify the scope of the federal government’s Clean Water Act (CWA) jurisdiction. On June 29, 2018, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) released a Supplemental Notice of Proposed Rulemaking to “clarify, supplement and seek […]
MF
by Patrick J. Paul With midterm elections looming, the prospects of a blue wave strengthening, and a consistent shuffling of the Trump cabinet, former Oklahoma Attorney General and current EPA administrator Scott Pruitt now finds himself in the hot seat. Fresh off a glowing self-evaluation in the form of EPA’s own 2017-18 Year in Review, […]
PP
