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3. Arizona’s General Stream Adjudications 1.Gila River Watershed (Maricopa County Superior Ct.) Commenced by Salt River Project in 1974 82,000 separate statements of claimant filed by nearly 30,000 claimants 2.Little Colorado River Watershed ( Apache County Superior Ct.) Commenced by Phelps Dodge in 1978 >14,000 separate statements of claimants filed by nearly 5,000 claimants 3

4. 4 Water Rights Subject to Adjudication All water appropriable under the state law, including “subflow” All water subject to claims based on federal law In the General Adjudication of All Rights to Use Water in the Gila River System and Source, 195 Ariz 411, 989 P.2d 739 (1999) (Gila III)(Recognized federal reserved rights to groundwater).

5. The Adjudications --- Why? 1.Tremendous growth in Central Arizona post- WWII Heavy reliance on Salt and Verde River supplies No surface water administration – complete uncertainty 2.22 Native American Tribes with 21 reservations Only 4 Colorado River mainstream reservation claims quantified in Ariz. v. California Remainder unquantified with early establishment dates, generally 5

6. 6 3.Other Federal claims (USFS, Wilderness Areas, DOD) 4.Increasing number of wells in the Verde Valley.

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8. Major Parties Salt River Project Phelps Dodge ( now Freeport McMoRan) United States Indian Tribes Municipalities Irrigation Districts Tributary Water Users 8

9. Adjudication Process 1.File Complaint and complete service of process 2.Claims filed with court Arizona Dept of Water Resources technical advisor role 3.ADWR prepares Hydrographic Survey Reports (HSRs by subwatershed – lists WFRs 4.Objections to WFRs filed by claimants 5.Objections resolved by Special Master 6.Objections to Special Master’s Report resolved by Court 7.Court prepares catalogue of rights (Decree) 9

10. Current Status 1.Arizona v. San Carlos Apache Tribe 2.11 reported decisions by the Arizona Supreme Court 3.26 years litigating line between appropriable surfacewater and percolating groundwater (not yet completed) 4.Not 1 State law based water right adjudicated 10

11. 11 5.Nine Congressionally approved Indian Water Rights Settlements (8 fully completed) 2 ongoing negotiations 3 in hiatus 6.Gila Adjudication – maybe 33% complete 7.Little Colorado River Adjudication - 5%

12. Arizona Settlement Acts Ak-Chin Water Use Amendments Act of 2000, Pub. L. No. 106- 285; Ak-Chin Water Use Amendments Act of 1992, Pub. L. No. 102-497; Act of Oct. 19, 1984, Pub. L. No. 98-530; Act of July 28, 1978, Pub. L. No. 95-328.Pub. L. No. 106- 285Pub. L. No. 102-497Pub. L. No. 98-530Pub. L. No. 95-328 Southern Arizona Water Rights Settlement Amendments Act of 2004, Pub. L. No. 108-451; Southern Arizona Water Rights Settlement Technical Amendments Act of 1992, Pub. L. No. 102-497; Southern Arizona Water Rights Settlement Act of 1982, Pub. L. No. 97- 293.Pub. L. No. 102-497Pub. L. No. 97- 293 Salt River Pima-Maricopa Indian Community Water Rights Settlement Act of 1988, Pub. L. No. 100-512.Pub. L. No. 100-512. Fort McDowell Indian Community Water Rights Settlement Act of 1990, Pub. L. No. 101-628.Pub. L. No. 101-628 San Carlos Apache Tribe Water Rights Settlement Act of 1992, Pub. L. No. 102-575. Pub. L. No. 102-575. Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1994, Pub. L. No. 103-434.Pub. L. No. 103-434. Zuni Indian Tribe Water Rights Settlement Act of 2003, Pub. L. No. 108-34.Pub. L. No. 108-34 Gila River Indian Community Water Rights Settlement Act of 2004, Pub. L. No. 108-451.Pub. L. No. 108-451 White Mountain Apache Water Rights Quantification, Title III of Claims Resolution Act of 2010, Pub. L. No. 111-291.Pub. L. No. 111-291 12