Arizona Hires Law Firm for Colorado River Lawsuit Prep | Water Rights 2024
Arizona has retained the law firm Sullivan & Cromwell as negotiations over the future of the Colorado River continue to falter, signaling a heightened expectation of legal battles over the critical water source. The move, announced Monday by the office of Governor Katie Hobbs, comes as states struggle to reach a consensus on water cuts before existing agreements expire at the end of the fiscal year.
Christian Slater, a spokesperson for Governor Hobbs, confirmed the engagement of Sullivan & Cromwell to handle potential litigation related to the Colorado River. The firm’s involvement prepares Arizona for possible legal action among the seven states that rely on the river, as well as potential disputes with the federal government, according to reports.
The seven states – Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming – are grappling with how to reduce their water consumption amid a prolonged drought exacerbated by climate change. Reservoir levels have been steadily declining, prompting the Bureau of Reclamation to demand significant cuts in water usage. Negotiations have stalled, with two previous deadlines for a new agreement passing without resolution.
The federal government is now preparing to impose its own plan for water allocation, with a record of decision expected in June. This federal intervention is widely anticipated to trigger legal challenges from states that oppose the imposed terms. Arizona’s engagement of Sullivan & Cromwell suggests the state anticipates being among those challengers.
Sullivan & Cromwell is a prominent, New York City-based law firm with a history of representing high-profile clients in complex litigation. The firm currently represents former President Donald Trump in his appeal of a criminal conviction, led by co-chair Robert Giuffra. The firm employs over 1,000 attorneys across 13 offices domestically and internationally.
State lawmakers previously allocated several million dollars for Colorado River litigation last year, with plans to increase that funding in the current legislative session, according to reporting from KJZZ. This financial commitment underscores the seriousness with which Arizona views the potential for legal conflict.
A lawsuit stemming from disagreements between the states could potentially bypass lower courts and proceed directly to the Supreme Court. The exact nature of any litigation will depend on the details of the federal plan released in June and the subsequent responses from the states. As of Monday, Arizona officials stated they are maintaining regular communication with federal authorities and other states involved in the negotiations.