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 […]

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JB
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JH
Associate

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 […]

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JH
Associate
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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.  […]

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JB
JH
Associate
WS

New Rules Influence Groundwater Development in Park City, Utah and the Snyderville Basin

In September, the Utah State Engineer’s Office adopted a new Groundwater Management Plan for the Snyderville Basin and Park City.  The new Management Plan affects, among others, those considering purchasing water rights, changing existing water rights, or pursuing new development in the Snyderville Basin.  A new article in Utah Business by Graham Gilbert discusses how […]

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GG
Former Counsel

High Court to Clarify Murkiness of Clean Water Act Liability for Pollution Via Groundwater

by Anthony W. Merrill Recently, the United States Supreme Court agreed to consider whether liability under the Clean Water Act (“CWA”) extends to pollution traveling through groundwater prior to reaching federally regulated water. The Court’s decision may drastically redefine the scope of the CWA, impacting permitting across the country. The potential implications for regulated parties […]

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Ninth Circuit Holds that Federal Reserved Water Rights Extend to Groundwater

by L. William Staudenmaier On March 7, 2017, the Ninth Circuit Court of Appeals issued its decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, Case No. 15-55896.  In this decision, the Court unequivocally held that under the well-established “Winters doctrine,” federal reserved water rights for an Indian reservation extend to […]

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Federal Appeals Court to Determine Tribal Reserved Rights to Groundwater

by Christopher W. Payne The Ninth Circuit Court of Appeals will soon determine whether the Agua Caliente Band of Cahuilla Indians has a federal reserved right to groundwater in a water rights case that could set a precedent for tribes across the West.  The case is entitled Agua Caliente Band of Cahuilla Indians v. Coachella […]

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