THE INTERACTION BETWEEN THE ENDANGERED SPECIES ACT AND WATER RIGHTS IN THE SAN PEDRO RIVER BASIN

Abstract

This paper investigates the relationship between the Endangered Species Act (ESA) and water rights in the San Pedro River Basin located in Arizona and Sonora, Mexico. Additionally, this paper discusses and evaluates whether the San Pedro River Basin has the potential to become another one of the notorious western United States water conflicts prominent throughout the region. To provide context for the interaction between the ESA and water rights in the San Pedro River Basin, this paper includes sections on water use data for the basin, hydrology, Arizona water law and federal environmental laws, and on the political context of the region. Ultimately, this paper concludes that the ESA has resulted in an overall restriction of water rights in the basin, based on the three currently completed ESA cases in the basin. The methods used for the data and findings presented in this paper are an in-depth literature review and interviews with individuals privy to the water issues in the basin. The primary finding of this paper is evaluated on a quantitative scale of measurement, meaning that it is based on the overall number of ESA cases that have had the outcome of restricting water rights in the basin.