Volume 49, Issue 2
Water Law and Policy Conference
From a Colorado River Compact Challenge to the Next Era of Cooperation Among Seven Basin States
This Article will focus on only one of the many Colorado River issues facing the seven Basin States at this time: Who is responsible for the annual 1.5 MAF Mexican…
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Transferring Mainstream Colorado River Water Rights: The Arizona Experience
Because Arizona’s portion of Colorado River water is almost completely allocated, the only viable source of Colorado River water available for new uses is the sale, lease, or exchange of…
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Beyond the Colorado River: Is An International Water Augmentation Consortium in Arizona’s Future?
In this paper, the Authors review the historic, current, and future trends in Arizona's population growth and water use, and assess whether the state's current water supplies are adequate to…
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Encouraging Conservation by Arizona’s Water Companies: A New Era of Regulation by the Arizona Corporation Commission
Discusses the Corporation Commission's broad mandate, its questions about how to license new water companies, and the Commissions search for answers to the water problem.
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Between a Rock and a Dry Place: The Rural Water Supply Challenge for Arizona
This Article is intended to foster the necessary understanding of current laws and policies and to offer some modest recommendations for how the state might proceed down the path towards…
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Good Intentions, Unintended Consequences: The Central Arizona Groundwater Replenishment District
The 1980 Arizona Groundwater Management Act is widely celebrated as a progressive piece of legislation that attempted to halt excessive groundwater pumping. A key component of the Act was its…
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Patching the Holes in the Bucket: Safe Yield and the Future of Water Management in Arizona
This Article examines the current and projected water budgets in the two Active Management Areas (“AMAs”), the reasons why safe yield is not being met, the consequences of failing to…
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The Constitutionality of Intrastate Groundwater Management: Arizona—A Case Study
The purpose of this Article is to examine the constitutionality of Arizona’s Groundwater Management Code and other statutes that support Arizona’s Groundwater Management in its current form. As described more…
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The Adjudication that Ate Arizona Water Law
This article traces the expansive and expensive contours of the Gila River Adjudication (the Adjudication) begun in 1974 to remedy depletions of the Verde River, a tributary of the Salt…
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Future Indian Water Settlements in Arizona: The Race to the Bottom of the Waterhole?
This Article examines the integral role of CAP supplies in the settlement of Indian reserved water rights claims in Arizona thus far, then explores what alternatives remain for future Indian…
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Developments in Toxic Tort Liability for the Quality of Groundwater Served
This Article provides a road map of how the common law theories have developed over the past hundred years and how they apply to municipal water providers today. Beginning with…
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Defenders of Wildlife v. United States Environmental Protection Agency: The Future of National Pollutant Discharge Elimination System (NPDES) Permitting in Arizona
This Article gives the statutory background and case history of Defenders of Wildlife v. United States Environmental Protection Agency pending the United States Supreme Court decision. The Article also explains…
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On Literature as Legal Authority
This Note surveys the courts’ use of poetry, fiction, and drama to develop substantive law. Combining the premises of legal realism and literary criticism, the Note rejects the position held…
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