Arizona Groundwater Conference
Description
In Arizona, groundwater can determine whether a project moves forward, gets delayed, or never gets off the ground.
And understanding the rules that govern it is rarely straightforward.
Percolating groundwater, appropriable subflow, federal reserved rights, active management areas, transportation basins, assured water supply requirements, and water quality regulations can all affect how groundwater is used, moved, developed, and protected. A wrong assumption about which rules apply can complicate a development, disrupt a water rights transaction, create permitting problems, or expose a project to costly delays.
At the same time, rural groundwater overdraft, PFAS and industrial contamination, and increasing competition among agricultural, municipal, and local interests continue to raise the stakes across Arizona.
Join three experienced Arizona water and environmental attorneys for a full day of practical guidance on the law, management, movement, and protection of the state’s groundwater.
You’ll leave this webinar ready to:
- Distinguish reasonable use, prior appropriation, and subflow rights and understand when each applie
- Navigate Groundwater Management Act requirements in AMAs and INAs, including assured water supply
- Evaluate groundwater transportation basin rules and the conflicts surrounding proposed projects
- Recognize major contamination threats and understand how ADEQ and ADWR regulate and respond to them
Arizona’s groundwater challenges are evolving quickly.
Make sure you understand the legal and regulatory framework shaping the decisions ahead.
Register now!
Agenda
Webinar instructions will be emailed 24-48 business hours before the date of the webinar.
Please log into the webinar 10-15 minutes before start time.
Tuesday, April 13, 2027
8:30 am – 4:00 pm MST (includes breaks)
Agenda:
Presented by John D. Burnside, Fred Breedlove, and Stuart S. Kimball
Groundwater Common Law (J. Burnside)
Doctrine of Reasonable Use
- Nature of Right to Use Percolating Groundwater
- Limitations on Right
- Transportation of Groundwater
Doctrine of Prior Appropriation
- Nature of Right to Use Appropriable Water
- How Right is Acquired
- Limitations on Right
- Comparison to Reasonable Use Doctrine
The Law of Subflow
- What is Subflow?
- Consequences of Pumping Subflow
- Judicial Development of Subflow Doctrine
- Subflow Zone
- Cone of Depression Test
Federal Reserved Right to Groundwater
Statutory Groundwater Management (J. Burnside)
Groundwater Management Act of 1980
- Active Management Areas
- Irrigation Non-Expansion Areas
Groundwater Management
- Groundwater Rights
- Groundwater Management Goals/Plans
- Conservation and Management Requirements
- Underground Water Storage
- Assured Water Supply
Rural Groundwater Overdraft
- Legislative Reform Proposals
Groundwater Transportation Basins (F. Breedlove)
Arizona’s Groundwater Transportation Basins
- Big Chino
- McMullen Valley
- Harquahala
- Butler Valley
Requirements for each basin (how the groundwater can be used)
Current and former proposed transportation projects
- Big Chino
- Harquahala
Butler Valley and conflict between farming, central AZ interests, and local concerns
Groundwater Quality and Contamination (Stuart S. Kimball)
Threats to groundwater quality
- Underground storage tanks
- Industrial chemicals
- Agricultural runoff
- PFAS
- Natural background
Recent incidents of contamination
Groundwater quality permitting/reviews
- Arizona Department of Environmental Quality
- Arizona Department of Water Resources
Strategies/programs for addressing groundwater pollution
Webinar Instructions
All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.
Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.
Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.
GoToWebinar App requirements:
Windows 10 or higher, macOS 11 or higher, Linux, Google Chrome OS
Web Browser:
Google Chrome (most recent 3 versions)
Microsoft Edge (most recent 3 versions)
Internet connection: 1 Mbps or better
Hardware: 2GB of RAM (minimum), 4GB or more of RAM (recommended)
For more information, visit the Support section at www.gotowebinar.com
Credits
Attorneys
6.0 CLE Hours
Land Surveyors
6.0 PDHs
Engineers
6.0 Elective PDHs
APA/AICP - American Planning Association/American Institute of Certified Planners
CM | 6.0*
This webinar is open to the public and is designed to qualify for 6.0 CLE hours for Arizona attorneys, 6.0 PDHs for Arizona land surveyors, and offers 6.0 elective PDHs to Arizona engineers.
The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 6.0 hours toward your annual CLE requirement for the State Bar of Arizona.
*HalfMoon Education is an approved CM Provider with the American Planning Association. This course will be registered for CM | 6.0 for Certified Planners once 2027 course registration is available. This course listing at halfmoonseminars.org will be updated regarding registration status.
Completion certificates will be awarded to participants who complete this event and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).
On-Demand Credits
The preceding credit information only applies to the live presentation. This course in an on-demand format may not be eligible for the same credits as the live presentation; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate.
Speakers
Fred Breedlove
Of Counsel, Dorsey & Whitney, LLP, in Phoenix, AZMr. Breedlove focuses his practice on water rights transactions and permitting, state and federal land permitting, mining, administrative law, and governmental relations. His experience includes a wide variety of water rights transactions (groundwater, surface water, and Colorado River entitlements), assured water supply permitting, consultation on compliance with active management area management plans, water rights due diligence and permitting, state land acquisition, and National Historic Preservation Act compliance. Mr. Breedlove has represented land developers, landowners, golf courses, ranchers, farmers, private water and energy utility businesses, government agencies, and private equity investment firms. He also served for five years as the legislative liaison for the Arizona Department of Water Resources, during which time he managed several bills that were enacted, including the 2007 Water Adequacy Amendments. Mr. Breedlove has experience with the Arizona legislative process, bill drafting, and government relations. He earned his B.S. degree from Western Washington University, his Master of Studies in Environmental Law from Vermont Law School and his J.D. degree from Vermont Law School.
John D. Burnside
Attorney at Snell & Wilmer, LLP, in Phoenix, AZMr. Burnside covers water rights and water quality as part of a broad-based environmental and natural resources law practice at Snell & Wilmer. Mr. Burnside regularly counsels and represents significant water interests in the State of Arizona, with a particular focus on mining and energy. He has extensive experience litigating contested water rights claims in Arizona’s Gila River General Stream Adjudication, including multiple arguments and trials before the Special Water Master. Mr. Burnside has in-depth experience with the complex legal and technical issues surrounding Arizona water rights at the intersection between groundwater and surface water.
Stuart S. Kimball
Gallagher & Kennedy, in Pheonix, AZMr. Kimball counsels clients on the risks and liabilities associated with environmental permitting and enforcement matters at the federal, state, county, and local levels. In addition to advising on regulatory compliance, Mr. Kimball delivers significant experience lobbying for clients through the state, county, and local statutory and regulatory processes. He also provides proven results in resolving federal and state Superfund claims involving soil and groundwater contamination.
Relationships are at the center of Mr. Kimball’s practice—not only with his clients, but also with the regulators, elected officials, and agency professionals who provide critical information regarding the decisions of his clients. Mr. Kimball believes in finding solutions rather than focusing on problems. He is appreciated for his “big picture” approach to lawyering and for his advice that resolves the immediate problem while also mitigating the potential for future roadblocks to progress.
As a lawyer who thrives in the complexity of environmental law, Mr. Kimball works to identify all potential solutions to serve his clients’ ultimate goals. He is valued for providing “win-win” propositions, working with each client to identify and execute reasonable and actionable solutions, and for devising practical and understandable answers to often multi-faceted questions.
In stressful situations, Mr. Kimball brings distinct levity and a steadfastly positive attitude that often transforms difficulty into tangible next steps for all matter constituents. His perspective and honed experience in environmental law support him in serving as an objective third party who can assess and address client concerns without losing focus on macro commercial objectives.
6.0 Knowledge Points
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