Water, Climate Change, and the Law: The Case for More Protection

Abstract

If environmental laws are a means to an end, what is the “end” of environmental laws in Arizona? What do we hope to protect? At what point do existing laws and institutions become obsolete in light of increasing development pressure, changing societal values and climate change? What is the path forward given so much change and uncertainty? Is there a meaningful possibility of protecting both our economy and the fragile environment that we live in in the context of climate change? As the pace of change accelerates in human and natural systems, it will become increasingly important to ensure that our institutions, laws and policies are enabling a resilient and sustainable future for our children, as opposed to becoming barriers to progress. This requires ongoing evaluations of the costs and the benefits of current approaches, as well as an assessment of whether there are feasible alternatives that might be more effective in meeting the goals of Arizona citizens. The groundwater management system in Arizona, first adopted in 1980 through the Groundwater Management Act, was very sophisticated, remarkably so in light of Arizona’s current reputation as a hard-line conservative state. In fact, though there have been scores of amendments over time, the basic provisions have not changed very much. That said, climate change and an array of other issues pose challenges that have not yet been addressed, and pressure on water supplies, rural communities and natural habitats is increasing over time. The Southwestern US is at the “bleeding edge,” as climate scientist Jonathan Overpeck puts it, of climate change impacts—given ever-increasing temperatures in combination with likely reductions in average total precipitation. Surface water flows are already declining and are expected to continue to decline over the decades ahead.1 Though the Southwest actually experiences fewer extreme weather and climate events (hurricanes, tornados, storm surges, etc.) than other parts of the US, the incremental changes in temperature, precipitation and runoff are already having dramatic effects on our water supplies. This is particularly evident in the Colorado River reservoirs, with water levels steadily declining. The “bathtub ring” around lakes Mead and Powell provide ample evidence that our assumptions about water supply availability are not in line with hydrologic reality. However, the more irreversible but less recognized impacts are those happening across our landscapes—especially in the context of changes in water-dependent ecosystems and forests. And they are directly impacting rural communities and their economies. Why do changes in riparian and aquatic systems matter? They matter not only because they support the majority of the biodiversity of the state, but because extinction is permanent, and because biodiversity has intrinsic value to many. They also matter because the quality of our environment is a significant part of our quality of life. And quality of life is one of the pillars of our economy— Arizona without the Grand Canyon, the White Mountains, the Verde, Salt and San Pedro Rivers, the National Forests and Parks, and rural ranching and agricultural communities is not the Arizona that we know and love. Although there are many challenges ahead—not the least of which is Arizona’s long-term failure as a state to invest in the future —there are paths forward in building a more resilient future for rural communities and for environmental values.