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

2 Does Arizona have enough water? Yes... and No. The answer is... it depends. Yes... and No. The answer is... it depends.

February 8, Arizona’s Future

February 8, 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, 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% Groundwater Colorado & Gila Rivers Colorado & Gila Rivers

February 8, Arizona’s 2000 Water Budget by Use Sector 80% Agriculture 80% Agriculture 16% Municipal 16% Municipal 4% Industrial, Mining, Utilities, & Livestock 4% Industrial, Mining, Utilities, & Livestock

February 8, What if an extended drought is normal?  Hydrological studies indicate that cyclical wet/dry periods of 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 years are normal  Supply calculations might be overly optimistic  What does this mean for water management?

February 8, 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, 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  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

February 8, 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  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, Colorado River Basin States California 4.4 MAF Nevada.3 MAF Arizona 2.8 MAF New Mexico.838 MAF Colorado MAF Wyoming MAF Utah MAF UPPER BASIN LOWER BASIN Mexico 1.5 MAF

February 8, Current Lower Basin Reservoir Stats * * As of 1/1/08 Current Storage Percent Full Million Acre-Feet Million Acre-Feet Lake Powell 46% 11.8 Lake Mead 50% 12.5 Total System Storage 53% 31.8 Total System Storage Last Year 55% 34.2

February 8, The Colorado River system is facing the worst drought on record. Lake Mead's water level has dropped approximately 70 feet since January When full, Lake Mead contains enough water to cover the state of New York with water one foot deep. Lake Mead’s Water Level

February 8, 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 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, 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%  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, 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  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, 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  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, The 1980 Groundwater Management Act 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 EEstablished the Arizona Department of Water Resources (ADWR) AAuthorized ADWR to map all of the state’s groundwater basins AActive Management Areas (AMAs) are established where access to groundwater is limited & quantified BBy 2025, “Safe Yield” of the groundwater basins in the state’s AMAs except Pinal

February 8, What is Safe Yield? Groundwater Pumped Groundwater Pumped = = Groundwater Replenished Groundwater Replenished

February 8, 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  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, Active Management Areas (AMAs)

February 8, 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, 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  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, New Rural Water Management Options  SB 1575: Water Adequacy  San Pedro Water Conservation District  SB 1575: Water Adequacy  San Pedro Water Conservation District