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Comparing Ecuador & Arizona

Forestry Management & Water Law. Comparing Ecuador & Arizona. Andrés Martínez Moscoso , PhD Professor, University of Cuenca, Ecuador Leadership & Governance Program Rhett Larson Arizona State University Sandra Day O’Connor College of Law

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Comparing Ecuador & Arizona

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  1. Forestry Management & Water Law Comparing Ecuador & Arizona Andrés MartínezMoscoso, PhD Professor, University of Cuenca, Ecuador Leadership & Governance Program Rhett Larson Arizona State University Sandra Day O’Connor College of Law Associate Professor & Richard Morrison Fellow in Water Law Senior Research Fellow, Kyl Center for Water Policy

  2. Ecuador’s Paute River Basin Understand Conserve Augment Image Available at Research Gatehttps://www.researchgate.net/figure/258787747_fig1_Fig-1-Rainfall-regimes-in-the-Paute-River-basin-spatial-regions-BM1-BM2-UM1-and

  3. Arizona’s Verde River Basin https://en.wikipedia.org/wiki/Verde_River

  4. Relationship Between Forestry Management & Water Supply • Potential Benefits • More Mature Forests • Limit Wildfire & Insect Infestation Risk • Erosion/Runoff Impacts to Water Quality • Increase Stream Flow • Potential Costs • Limit key nesting areas • Expose river banks to grazing animals • Uncertain/Limited Return on Investment • Burning for fuel or use in paper production have environmental impacts

  5. Overview of Water Law in Ecuador • SumakKawsay • SENAGUA • Water Utilities: compare EPAMAPS, ETAPA, & INTERAGUA • 2008 Constitution • Water Juntas

  6. Prior Appropriation JUNIOR USER 1970 water right First-in-time, First-in-right Beneficial Use Without Waste Forfeiture – use it, or lose it Diligence & “Relation-Back” Call on the River & the Futile Call Doctrine General Stream Adjudications SENIOR USER 1910 water right courtesy: wikimedia

  7. Managing Groundwater The AZ Groundwater Management Act of 1980 Historical Background Active Management Areas Assured Water Supply Groundwater Rights in Active Management Areas Groundwater Recharge Central Arizona Groundwater Replenishment District courtesy: Arizona Department of Water Resources

  8. Resolving Water Rights Uncertainties • Federally Reserved • Water Rights • McCarran Amendment • General Stream Adjudications • Major Obstacles • to Resolution • Institutional Competency • Transaction Costs • Subflow • Why It Matters • Federally-Reserved Water Rights • Winters v. U.S. • Minimum Amount/Primary Purpose • Practicably Irrigable Acreage • General Stream Adjudications • Arizona Example • McCarran Amendment • Tribal Settlements • Major Obstacles to Resolution • High Transaction Costs • Service of Process • Need for Institutional Competency • Improved Dispute Resolution Mechanisms/Assurances on Post-Decree Conditions • Clarity on Subflow Delineation • Improved Market Conditions courtesy: Arizona Department of Water Resources

  9. Tribal Reservations in Arizona

  10. Pumping Groundwater Subflow & Cone of Depression Well Initial Water Level pumping level well casing well screen drawdown Aquifer impermeable material

  11. WATERSHED MANAGEMENT IN THE PAUTE RIVER BASIN IN ECUADOR

  12. WATERSHED MANAGEMENT IN THE VERDE RIVER BASIN IN ARIZONA

  13. Lessons from Arizona & Ecuador’s Watershed Management Projects • Arizona • Good Samaritan Permits • Tribal Water Settlements • State Water Trust • Verde River Exchange Program • De Minimis Exemptions & Grandfathering • Regional Water Mitigation Authorities • Developed vs. Salvaged Water Distinction • Ecuador • Local Water Quality Ordinances • Stakeholder Participation • Municipal Government Engagement • Funding Public Independent Trusts

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