Water Systems Council Weighs in on Water Rights Case
Federal Reserved Water Rights Quantified
The Arizona Supreme Court ruled that the Arizona Department of Water Resources (ADWR) does not have to consider unquantified federal reserved water rights when determining whether a developer has an adequate water supply under state law.
The case – Silver v. Pueblo Del Sol Water Company – involved the ADWR's approval of an application by Pueblo Del Sol Water Company to supply water to a proposed 7,000 unit development in Cochise County, approximately 5 miles from the San Pedro River. Arizona law requires developers to receive an adequate water supply designation from the ADWR in certain circumstances.