Transcript Document

Managing Arizona’s Water Resources Today and Tomorrow Rita P. Maguire, Esq.

Maguire & Pearce PLLC ACMA Water Conference February 8, 2008

Does Arizona have enough water?

Yes . . . and No. The answer is . . . it depends.

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Arizona’s Future

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Where does Arizona’s water come from?

Colorado River

Other surface water (Salt, Verde, Gila Rivers)

Groundwater

Effluent

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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 Groundwater Colorado & Gila Rivers

Use of reclaimed water is increasing – currently 7%

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Arizona’s 2000 Water Budget by Use Sector 80% Agriculture 16% Municipal 4% Industrial, Mining, Utilities, & Livestock

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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?

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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

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Environmental Demands

Arizona ranks 2 nd 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

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Mexican 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

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Colorado River Basin States California 4.4 MAF Nevada .3 MAF Wyoming 1.043 MAF Utah 1.714

MAF UPPER BASIN Colorado 3.855 MAF LOWER BASIN Arizona 2.8 MAF New Mexico .838 MAF Mexico 1.5 MAF

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Current Lower Basin Reservoir Stats * Current Storage Lake Powell Lake Mead Total System Storage Total System Storage Last Year Percent Full 46% 50% 53% 55%

* As of 1/1/08

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Million Acre-Feet 11.8

12.5

31.8

34.2

Lake Mead’s Water Level 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.

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Growing 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

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Indian 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%

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Current 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

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Surface 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

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The 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

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What is Safe Yield?

Groundwater

Pumped

= Groundwater

Replenished

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The 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

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Active Management Areas (AMAs)

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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

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Effluent – 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

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New Rural Water Management Options

SB 1575: Water Adequacy

San Pedro Water Conservation District

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