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On May 24, 2023, Arizona Department of Water Resources ("ADWR") filed a technical report proposing a revised map of Hydrographic Survey Report (“HSR”) investigation areas and a schedule for the completion of HSRs and technical reports. The new map is based on the United States Geological Survey's Hydrologic Unit Code ("HUC") system. The HUC system approximates the drainage area that contributes water to a given point in a stream. Images of the historical and proposed watershed maps may be accessed here.
On March 25, 2024, the Special Master issued a report proposing further revisions to the HSR boundary map and a sequence for issuance of future HSRs in both the Gila River and Little Colorado River Basins. Objections to the Special Master’s March 25, 2024 Report were received by September 23, 2024.
The Honorable Judge Scott Blaney oversaw the resolution of those objections, approving the Special Master’s instruction that ADWR must generally follow six-digit hydrologic unit boundaries when investigating HSRs. Moreover, Judge Blaney approved the creation of a "Salt River Valley HSR" that encompasses the Phoenix metropolitan area. That HSR will comprise around twenty ten-digit hydrologic units. The order also approved a schedule for HSR publication through 2032 and the relative sequence that ADWR must follow when planning HSR investigations.
Significant progress has been made toward the settlement of the water rights claims of the Hopi Tribe, Navajo Nation, and San Juan Southern Paiute Tribe. On May 24, 2024, a unanimous Navajo Nation Council and the Navajo Nation President approved the proposed Northeastern Arizona Indian Water Rights Settlement. The Hopi Tribe and San Juan Southern Paiute Tribe have also approved the proposed settlement. Because the proposed settlement relies on the provision of federal funds and approval by the United States Department of the Interior, Congress must now ratify the settlement.
The proposed settlement would resolve all Hopi, Navajo, and San Juan Southern Paiute claims to surface water from the Little Colorado River Basin; claims to groundwater from the Navajo Aquifer, Coconino Aquifer, and nearby alluvial aquifers; and claims to surface water from the Gila River Basin. The proposed settlement would also settle tribal claims to the Upper and Lower Basins of the Colorado River. A summary of the proposed settlement created by the Navajo Nation can be found here. An overview of the proposed settlement provided by the Kyl Center for Water Policy can be found here.
On July 8, 2024, Senator Mark Kelly introduced a bill proposing approval of the Northeastern Indian Water Rights Settlement Agreement. On the same day, Representative Juan Ciscomani introduced an identical bill to the House of Representatives. On September 25, 2024, the leaders of the Hopi Tribe, Navajo Nation, and San Juan Southern Paiute testified before the Senate Committee on Indian Affairs as to the importance of the settlement.
Parties now await Congressional action. If Congress enacts the settlement, parties will gather again to sign any revisions necessitated by the legislation. After, the Department of the Interior will review the settlement. Following Department approval, the parties to the agreement will provide broad notice of the agreement and notice of an opportunity to object to the agreement. The Court will then consider objections to the settlement agreement and decide whether to issue a decree binding all parties to the Adjudications to certain terms of the settlement.
Silver Creek WatershedAs of March 2024, 33 contested cases in the Silver Creek Watershed have been initiated for the first time or re-initiated after a lengthy stay. Two of these contested cases have been resolved, 16 of the cases have been dismissed, and 15 cases remain ongoing. All dismissals followed a repeated failure of the relevant landowners to appear.
After decades of on and off negotiations with neighboring water users, the Yavapai-Apache Nation is close to reaching a water rights settlement. On June 26, 2024, the Yavapai-Apache Nation Tribal Council voted to ratify the Yavapai-Apache Nation Water Rights Settlement Agreement. An overview of the settlement can be found here. If enacted by Congress and subsequently recognized in an adjudication decree, this settlement will permanently resolve the Yavapai-Apache Nation’s rights to water in the Verde River Watershed and the Gila River Basin.
On July 10, 2024, Senator Mark Kelly introduced a bill proposing Congressional approval of the agreement. Representative David Schweikert introduced a similar bill on July 8, 2024. The Senate Committee on Indian Affairs held a hearing to consider the bill on September 25, 2024. Testimony from that hearing by the Yavapai-Apache Nation chairwoman can be found here.
Parties are now waiting for Congress to act. If Congress enacts the settlement, parties will gather again to sign any revisions necessitated by the legislation. After, the Department of the Interior will review the settlement. Following Department approval, the parties to the agreement will provide broad notice of the agreement and notice of the opportunity to object to the agreement. The Court will then consider objections to the settlement agreement and decide whether to issue a decree binding all parties in the Gila River Adjudication to certain terms of the settlement.
In re Subflow Technical Report, W1-106
Subflow Zone DelineationThe delineation of the subflow zone for the Verde River Watershed is divided into two phases, each phase initiated by the filing of a technical report by ADWR. The first phase concerns the mainstem of the Verde River and Sycamore Canyon Subwatershed, and the second phase concerns the remainder of the Verde River Watershed.
On October 24, 2023, the Special Master resolved all objections to ADWR’s “mainstem” technical report. On January 22, 2024, the Special Master resolved some of the objections to ADWR’s “remainder” technical report, setting a trial for August 2024 to resolve the remaining objections. In both orders, the Special Master stated that ADWR must revise the subflow zone delineations around certain reservoirs in the Verde River Watershed.
The Special Master held a trial concerning remaining objections to the remainder technical report on August 21–22 and 26–27, 2024. The Special Master issued an order finding that Big Chino Wash and Partridge Creek, two tributaries to the Verde River, were ephemeral under predevelopment conditions. Further, the Special Master found reason to believe that ADWR improperly terminated subflow mapping on multiple streams. Ultimately, the Special Master ordered that ADWR must file by August 1, 2025 an addendum containing 1) the revisions ordered in the October 23, 2023 and January 22, 2024 orders and 2) a reevaluation of all subflow mapping termination points in the remainder technical report and extensions of those termination points, if needed.
De Minimis Technical ReportOn February 13, 2025, the Special Master issued her final report concerning summary adjudication proceedings in the Verde River Watershed. In that report, the Special Master analyzed and approved a stipulation that the benefits of summarily adjudicating de minimis uses in the Verde River Watershed, i.e. stock watering uses, small stockpond uses, and small domestic uses, outweigh the costs. Further, in the report, the Special Master proposed streamlined procedures for evaluating those uses. Notably, the Special Master will prioritize the adjudication of de minimis uses that meet certain requirements 60 days before the publication of the final HSR. Parties must file objections to the report on or before April 14, 2025.
Groundwater Flow Model for the Upper San Pedro Groundwater Basin
On February 20, 2024, ADWR filed a model and accompanying report intended to underlie the cone of depression and subflow depletion tests for the San Pedro Watershed. The report begins with a description of the various environmental, geological, hydrological, and cultural factors that shape the parameters of the proposed model. The report then describes the software and data used to set model parameters, the process of model calibration, and potential limitations of the model. ADWR then demonstrated the use of the model in a cone of depression test performed on two hypothetical wells. For one of those wells, ADWR conducted a subflow depletion test, simulating outflow from the subflow zone due to pumping.
In response to objections filed to ADWR’s technical report, the Special Master issued an order instructing ADWR to file an addendum to its technical report that clarifies various aspects of the report. The addendum, filed on February 7, 2025, provides clarification regarding the basis for certain parameters and assumptions in its model, the geographical orientation of the model, and the rigor of the model’s calibration. The addendum also responded point-by-point to various concerns that the parties had with respect to the February 2024 Groundwater Flow Model and its accompanying report. Ultimately, the addendum proposes a March 2029 update to the February 2024 Groundwater Flow Model that incorporates recommendations by the parties.
To streamline the objection process for the future updated model and expedite the updates themselves, the Special Master has instructed the parties and ADWR to form a technical committee. The committee will meet regularly, and the parties participating in the committee will routinely report progress to the Special Master. The Special Master encourages participation by only the parties’ experts and ADWR. By March 14, 2025, parties must file with the Court their nominations for the technical committee and a suggestion for how often the committee should meet. In addition to helping develop the groundwater flow model, the committee will also help establish a reasonable timeline for completing the model.
In re San Pedro Riparian National Conservation Area, W1-11-232On December 5, 2024, the Special Master issued an order setting a plan for the resolution of unresolved water rights claims associated with the San Pedro Riparian National Conservation Area. In her order, the Special Master approved eight water right abstracts. The Special Master divided the remaining claims and draft abstracts into those eligible for summary adjudication and those ineligible. For claims subject to summary adjudication, the Special Master identified those requiring only a WFR amendment, those requiring both basis of right and WFR amendments, and those missing a finalized basis of right altogether. For claims not subject to summary adjudication, the Special Master identified those missing finalized bases of right. The Special Master then instructed parties to propose, by February 7, 2024, a timeline for resolution of all pending claims.
St. David Consolidated CasesThe Special Master is resolving claims concerning properties served by the St. David Irrigation District in groups of contested cases. On September 30, 2024, the Special Master approved case management deadlines for the first group, which consists of the nine contested cases listed below.
Link here to the calendar of Active Cases.
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