ANALYSIS OF WATER LAW AND WATER CONSERVATION IN ARIZONA

Abstract

Arizona has a complex legal system governing its different sources of water (e.g., groundwater, surface water, rainwater, reclaimed water, etc.) This paper provides legal and historical context for the current practices governing water use in the state of Arizona, identifies ideal conservation practices to protect and preserve water resources, and recommends steps which could be taken to incentivize water conservation through new legal confines. Research on the current legal statutes and regulations that apply to water in Arizona as well as significant judicial decisions that shaped the interpretations of those laws are used to create a framework for understanding how water is managed in Arizona. Best practices for water conservation are explored based on scientific understanding of hydrology, ecology, and economics. Gaps between the current legal framework and best conservation practices are identified to highlight the downfalls of the current system of water appropriation. Drawing upon insight from the laws governing water in other western states and similarly situated geographic areas of the world and consulting professionals in various interest groups related to water use in Arizona, this paper proposes recommendations for the modification of our current water appropriation system (laws and their implementation) to better facilitate water conservation efforts while taking into account human interests.