Arizona lawyers up for potential Colorado River court battle

By Reagan Priest | Arizona Capitol Times

Key Points:
  • The Arizona Department of Water Resources has retained the law firm Sullivan & Cromwell
  • The announcement comes as negotiations over Colorado River sharing remain stalled
  • Despite pleas from Gov. Katie Hobbs, the federal government has not intervened

Arizona is retaining legal counsel in preparation for a potential court battle over the Colorado River, according to Gov. Katie Hobbs’ office.

The Arizona Department of Water Resources has hired the law firm Sullivan & Cromwell to represent the state’s position as negotiations remain at a standstill and federal intervention on behalf of the Lower Basin seems unlikely. 

The Upper Basin states of Colorado, Utah, Wyoming and New Mexico and the Lower Basin states of Arizona, California and Nevada have entered a third year of negotiating guidelines for sharing the river after 2026. The announcement comes after negotiators missed two federally-imposed deadlines to reach a deal, one in November and the other in February. 

No consequences appeared to come from missing the deadlines, but in January the Bureau of Reclamation issued a draft environmental impact statement with five alternatives to the river’s current operating guidelines. Arizona’s leaders oppose all five alternatives and have asked the bureau to revoke the draft EIS.

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