Managing Arizona’s Water Resources

Today and Tomorrow

Managing Arizona’s Water Resources

Today and Tomorrow

Rita P. Maguire, Esq.Maguire & Pearce PLLC

Rita P. Maguire, Esq.Maguire & Pearce PLLC

ACMA Water Conference

February 8, 2008

ACMA Water Conference

February 8, 2008

February 8, 20082

Does Arizona have enough water?Does Arizona have enough water?

Yes . . .

and No.

The answer is . . . it depends.

Yes . . .

and No.

The answer is . . . it depends.

February 8, 20083

Arizona’s FutureArizona’s Future

February 8, 20084

Where does Arizona’s water come from?Where does Arizona’s water come from?

Colorado River

Other surface water

(Salt, Verde, Gila Rivers)

Groundwater

Effluent

Colorado River

Other surface water

(Salt, Verde, Gila Rivers)

Groundwater

Effluent

February 8, 20085

Where does Arizona’s water come from? Where does Arizona’s water come from?

Total statewide demand: ~7.87 maf/year

About 40% supplied by

groundwater pumping

More than 50% supplied by

Colorado & Gila River systems

Use of reclaimed water is increasing –

currently 7%

Total statewide demand: ~7.87 maf/year

About 40% supplied by

groundwater pumping

More than 50% supplied by

Colorado & Gila River systems

Use of reclaimed water is increasing –

currently 7%

GroundwaterGroundwater

Colorado &Gila RiversColorado &Gila Rivers

February 8, 20086

Arizona’s 2000 Water Budgetby Use SectorArizona’s 2000 Water Budgetby Use Sector

80%

Agriculture

80%

Agriculture

16%

Municipal

16%

Municipal

4%

Industrial, Mining,Utilities, & Livestock

4%

Industrial, Mining,Utilities, & Livestock

February 8, 20087

What if an extended drought is normal?What if an extended drought is normal?

Hydrological studies

indicate that cyclical

wet/dry periods of 20-30

years are normal

Supply calculations might

be overly optimistic

What does this mean for

water management?

Hydrological studies

indicate that cyclical

wet/dry periods of 20-30

years are normal

Supply calculations might

be overly optimistic

What does this mean for

water management?

February 8, 20088

Climate Change: Can we manage our water supplies in response?Climate Change: Can we manage our water supplies in response?

Will the future bring more or less

precipitation?

The evidence is inconclusive

More heat means –

Higher evaporation rates &

increased water demands

Will the future bring more or less

precipitation?

The evidence is inconclusive

More heat means –

Higher evaporation rates &

increased water demands

February 8, 20089

Environmental DemandsEnvironmental Demands

Arizona ranks 2nd among the 50 states

in the number of plant & animal species

endemic to itself

The principal effect of water policy on

the environment involves altered stream

flow regimes

Arizona ranks 2nd among the 50 states

in the number of plant & animal species

endemic to itself

The principal effect of water policy on

the environment involves altered stream

flow regimes

February 8, 200810

Mexican Water IssuesMexican Water Issues

Colorado River

• Colorado River Delta

• Lining the All-American Canal / Drop 2 Storage

• Yuma Desalting Plant

Santa Cruz River

• Sewage flowing north from Nogales, Sonora

Colorado River

• Colorado River Delta

• Lining the All-American Canal / Drop 2 Storage

• Yuma Desalting Plant

Santa Cruz River

• Sewage flowing north from Nogales, Sonora

February 8, 200811

Colorado River Basin StatesColorado River Basin States

California4.4 MAF

Nevada.3 MAF

Arizona2.8 MAF

New Mexico.838 MAF

Colorado3.855 MAF

Wyoming1.043 MAF

Utah1.714MAF UPPER

BASIN

LOWERBASIN

Mexico1.5 MAF

February 8, 200812

Current Lower Basin Reservoir Stats *Current Lower Basin Reservoir Stats *

* As of 1/1/08* As of 1/1/08

Current StorageCurrent Storage Percent FullPercent Full MillionAcre-Feet

MillionAcre-Feet

Lake PowellLake Powell 46%46% 11.811.8

Lake MeadLake Mead 50%50% 12.512.5

Total System StorageTotal System Storage 53%53% 31.831.8

Total System StorageTotal System StorageLast YearLast Year

55%55% 34.234.2

February 8, 200813

The Colorado River system is facing the worst drought on record. Lake Mead's water level has dropped approximately 70 feet since January 2000.

The Colorado River system is facing the worst drought on record. Lake Mead's water level has dropped approximately 70 feet since January 2000.

When full, Lake Mead contains enough water to cover the state of New York with water one foot deep.When full, Lake Mead contains enough water to cover the state of New York with water one foot deep.

Lake Mead’s Water LevelLake Mead’s Water Level

February 8, 200814

Growing NeedsGrowing Needs

Can the Colorado River meet the growing

needs of Arizona, California, & Nevada?

Lower basin is fully appropriated

Southern California cities must buy water from

farmers & improve efficiencies

Southern Nevada Water Authority is storing water in

Arizona & retiring agricultural uses in Nevada

Mexico & environmental demands threaten existing

users in the Colorado Basin

Can the Colorado River meet the growing

needs of Arizona, California, & Nevada?

Lower basin is fully appropriated

Southern California cities must buy water from

farmers & improve efficiencies

Southern Nevada Water Authority is storing water in

Arizona & retiring agricultural uses in Nevada

Mexico & environmental demands threaten existing

users in the Colorado Basin

February 8, 200815

Indian Water RightsIndian Water Rights

More than one-fourth of the state’s land is held in trust as reservations for the benefit of American Indians – – 23 reservations in Arizona

The priority of tribal claims to water in the West was established in 1908 with the “Winters Doctrine”

In Arizona v. California, an agricultural purpose has been the basis for determining the quantity of tribal water rights know as “Practicably Irrigable Acreage” (PIA)

The 2004 Arizona Water Settlement Act increased the amount of CAP Colorado River water controlled by central Arizona tribes to 47%

More than one-fourth of the state’s land is held in trust as reservations for the benefit of American Indians – – 23 reservations in Arizona

The priority of tribal claims to water in the West was established in 1908 with the “Winters Doctrine”

In Arizona v. California, an agricultural purpose has been the basis for determining the quantity of tribal water rights know as “Practicably Irrigable Acreage” (PIA)

The 2004 Arizona Water Settlement Act increased the amount of CAP Colorado River water controlled by central Arizona tribes to 47%

February 8, 200816

Current Water Regulation ProgramsCurrent Water Regulation Programs

Inside AMAs

• Assured Water Supply Rules

• Conservation programs

Outside AMAs

• Adequacy program

• New 100-year Adequacy Requirement

• Rural watershed studies

Across Arizona

• Well-drilling & well-spacing rules

• Surface water rights adjudication

Inside AMAs

• Assured Water Supply Rules

• Conservation programs

Outside AMAs

• Adequacy program

• New 100-year Adequacy Requirement

• Rural watershed studies

Across Arizona

• Well-drilling & well-spacing rules

• Surface water rights adjudication

February 8, 200817

Surface Water & Groundwater are Managed Separately in ArizonaSurface Water & Groundwater are Managed Separately in Arizona

At the time of statehood, most of the state’s surface water had been appropriated

• Competing demands for the state’s scarce surface water flows led to the adoption of the legal doctrine known as “Prior Appropriation”

In Southwest Cotton (1931), the Arizona Supreme Court first distinguished between rights to surface water & groundwater

• Arizona adopted the “American Rule” of groundwater use which allowed landowner’s to access groundwater for “reasonable use” so long as it wasn’t transported off the land

At the time of statehood, most of the state’s surface water had been appropriated

• Competing demands for the state’s scarce surface water flows led to the adoption of the legal doctrine known as “Prior Appropriation”

In Southwest Cotton (1931), the Arizona Supreme Court first distinguished between rights to surface water & groundwater

• Arizona adopted the “American Rule” of groundwater use which allowed landowner’s to access groundwater for “reasonable use” so long as it wasn’t transported off the land

February 8, 200818

The 1980 Groundwater Management ActThe 1980 Groundwater Management Act

Established the Arizona Department of Water Resources (ADWR)

Authorized ADWR to map all of the state’s groundwater basins

Active Management Areas (AMAs) are established where access to groundwater is limited & quantified

By 2025, “Safe Yield” of the groundwater basins in the state’s AMAs except Pinal

Established the Arizona Department of Water Resources (ADWR)

Authorized ADWR to map all of the state’s groundwater basins

Active Management Areas (AMAs) are established where access to groundwater is limited & quantified

By 2025, “Safe Yield” of the groundwater basins in the state’s AMAs except Pinal

February 8, 200819

What is Safe Yield?What is Safe Yield?

Groundwater

Pumped

Groundwater

Pumped==

Groundwater

Replenished

Groundwater

Replenished

February 8, 200820

The 1980 Groundwater Management ActThe 1980 Groundwater Management Act

Established the Arizona Department of Water Resources (ADWR)

Authorized ADWR to map all of the state’s groundwater basins

Active Management Areas (AMAs) are established where access to groundwater is limited & quantified

By 2025, “Safe Yield” of the groundwater basins in the state’s AMAs except Pinal

Prohibits all new irrigation within the AMAs

Allows “exempt” wells with a pumping capacity of <35GPM – for domestic use

Established the Arizona Department of Water Resources (ADWR)

Authorized ADWR to map all of the state’s groundwater basins

Active Management Areas (AMAs) are established where access to groundwater is limited & quantified

By 2025, “Safe Yield” of the groundwater basins in the state’s AMAs except Pinal

Prohibits all new irrigation within the AMAs

Allows “exempt” wells with a pumping capacity of <35GPM – for domestic use

February 8, 200821

Active Management Areas (AMAs)Active Management Areas (AMAs)

February 8, 200822

Active Management Areas (AMAs)Active Management Areas (AMAs)

AMAs comprise• 80% of population• 75% of water

consumption• 13% of land

4 of the 5 AMAs have a mandated goal of safe yield by 2025

All new irrigation banned in AMAs & INAs after 1980

AMAs comprise• 80% of population• 75% of water

consumption• 13% of land

4 of the 5 AMAs have a mandated goal of safe yield by 2025

All new irrigation banned in AMAs & INAs after 1980

February 8, 200823

Effluent – From Trash to TreasureEffluent – From Trash to Treasure

The John F. Long Case (1989)

HB 2518 (2006) – Allows gray water to be counted for Assured Water purposes

Gray water vs. Reclaimed water – both are increasing in availability

The John F. Long Case (1989)

HB 2518 (2006) – Allows gray water to be counted for Assured Water purposes

Gray water vs. Reclaimed water – both are increasing in availability

February 8, 200824

New Rural Water Management OptionsNew Rural Water Management Options

SB 1575: Water Adequacy

San Pedro Water Conservation District

SB 1575: Water Adequacy

San Pedro Water Conservation District