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.
2 February 8, 2008
Arizona’s Future
3 February 8, 2008
Where does Arizona’s water come from?
Colorado River
Other surface water (Salt, Verde, Gila Rivers)
Groundwater
Effluent
4 February 8, 2008
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%
5 February 8, 2008
Arizona’s 2000 Water Budget by Use Sector 80% Agriculture 16% Municipal 4% Industrial, Mining, Utilities, & Livestock
6 February 8, 2008
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?
7 February 8, 2008
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
8 February 8, 2008
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
9 February 8, 2008
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
10 February 8, 2008
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
11 February 8, 2008
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
12 February 8, 2008
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.
13 February 8, 2008
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
14 February 8, 2008
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%
15 February 8, 2008
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
16 February 8, 2008
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
17 February 8, 2008
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
18 February 8, 2008
What is Safe Yield?
Groundwater
Pumped
= Groundwater
Replenished
19 February 8, 2008
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
20 February 8, 2008
Active Management Areas (AMAs)
21 February 8, 2008
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
22 February 8, 2008
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
23 February 8, 2008
New Rural Water Management Options
SB 1575: Water Adequacy
San Pedro Water Conservation District
24 February 8, 2008