GROUND WATER RIGHTS AND THE ARIZONA WATER SETTLEMENT ACT 2004 Rosalind Bark, Ph.D. Native American Rights Fund and Western States Water Council 11th Symposium on the Settlement of Indian Reserved Water Rights Claims Ferndale, Washington August 24-26, - PowerPoint PPT Presentation

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GROUND WATER RIGHTS AND THE ARIZONA WATER SETTLEMENT ACT 2004 Rosalind Bark, Ph.D. Native American Rights Fund and Western States Water Council 11th Symposium on the Settlement of Indian Reserved Water Rights Claims Ferndale, Washington August 24-26,

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Native American Rights Fund and Western States Water Council ... Florence and Coolidge no new wells in zone. Arizona Water Co. strict limits new wells in zone ... – PowerPoint PPT presentation

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Title: GROUND WATER RIGHTS AND THE ARIZONA WATER SETTLEMENT ACT 2004 Rosalind Bark, Ph.D. Native American Rights Fund and Western States Water Council 11th Symposium on the Settlement of Indian Reserved Water Rights Claims Ferndale, Washington August 24-26,


1
GROUND WATER RIGHTSAND THE ARIZONA WATER
SETTLEMENT ACT 2004Rosalind Bark,
Ph.D.Native American Rights Fund and Western
States Water Council 11th Symposium on the
Settlement of Indian Reserved Water Rights
ClaimsFerndale, WashingtonAugust 24-26, 2009
2
whatever particular sources each reservation had
at hand
- 24- max. 29 in build- out
3
GRIC Settlement Parties
4
Near Reservation AMA
  • Florence and Coolidge no new wells in zone
  • Arizona Water Co. strict limits new wells in
    zone
  • Southside Replenishment District
  • RWCD limit pumping to 8,000 afy
  • MSIDD in 1996 agreement limit pumping to 23,000
    -30,000 afy s.t. cost/availability CAP Excess

5
Southside MI Groundwater Protection Zone
  • Replenishment
  • f) measured groundwater use
  • if exceed set limits in Eastern and Western
    zones in situ
  • state or individual responsibility

6
Gila River Maintenance Area and Impact Zone
  • New INA
  • water budgets for BHP Copper, AWC, Phelps Dodge
    , Winklemann, Safford, Duncan, Mammoth and
    Kearny
  • Safe Harbors in San Pedro Impact Zones
  • new lg industrial use within 3 mi up to 250 afy
    for total 1,000 afy
  • MI and domestic highest use in period
    1997-2001.
  • domestic within ¼ mi 2 afy max limit total 1,000
    afy
  • Cochise MI and domestic only

7
2003 Aquifer Water Level Elevations and Underflow
Conditions
19.5 MAF storage to depth of 1,000 ft
8
Current Land- and Groundwater Use
- Average last 20 years 80,000-120,000 afy
9
Future Concerns Overdrafting and Subsidence?
  • Safe-yield 128,900 afy
  • Budget 156,700 afy

2.2 MAF lost to system between 1900 and 2003
10
Future Concern Water Quality?
11
Tohono Oodham Nation
  • Total water budget 72,000 afy
  • Of which, 18 or 13,200 afy, is ground water
  • Of which, 10,000 afy San Xavier Reservation
    3,200 afy eastern Schuk Toak District
  • Buffer zone non-exempt wells within 2 mi of
    boundary must pass an analysis and be approved
  • Caps on FICO pumping
  • Up to 10,000 afy CAP-groundwater exchange with
    Asarco Mission Complex
  • Underground Storage and Recovery Projects and
    creation of storage credits Title III, Sec
    308(e)-(f) s.t. limits e.g. San Xavier District
    50,000 af over 10 year period or 10,000 af max in
    one year. Can sell credits off-Reservation
    anywhere in state Sec 309(b)

12
Implications
  • Future settlements
  • Ground water is an important water source in
    semi-arid AZ
  • Bridge source
  • New regulatory zones to ensure on-Reservation
    ground water rights the ground water rights of
    off-Reservation pumpers will be restricted
  • kept whole replenishment provided by state
    (mostly)
  • AZ-wide ground water management
  • Watershed management AMA non-AMA
  • Buffer zones ? municipal providers wells
  • Strict measurement and replenishment based on
    pumpig
  • In situ replenishment ? local area management
  • Indian firming program ? brought forward priority
    question of CAP Excess uses

13
References
  • Pub L 108-451
  • ADWR (2006). Technical Assessment of the Gila
    River Indian Community Water Rights Settlement.
    In re The General Adjudication of the Gila River
    System and Source. Arizona Department of Water
    Resources, August 23, 2006. http//www.azwater.gov
    /dwr/Content/Hot_Topics/AZ_Water_Settlements/GRIC_
    files/Technical_Assessment_GRIC_Water_Rights_Settl
    ement_2006.pdf
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