Overcoming Constitutional Obstacles to the Resolution of General Stream Adjudications

Abstract

The adjudication of water rights in the Gila River basin in Arizona is arguably the most complex piece of litigation in the history of the United States. The adjudication is over forty years old. Today, there are over 38,000 parties with nearly 100,000 claims. At stake in the case is the sustainability and productivity of a river basin that includes critical habitat and endangered species, scarce water supplies for desert communities, farms, and industries, and sacred resources for indigenous peoples. While there are many obstacles preventing an expeditious resolution of the Gila River general stream adjudication, some of the most significant obstacles are presented by the United States Constitution and the Constitution of the State of Arizona. This Article describes the Gila River Adjudication, discusses the potential constitutional obstacles to its resolution, and proposes reforms that could serve to overcome or mitigate those constitutional obstacles.