Arizona is quietly lawyering up as the state braces for what could become a heavyweight bout over its share of the Colorado River.
The Department of Water Resources has brought in a major New York law firm while negotiators from the seven basin states try to hash out new post-2026 operating rules and federal officials mull backup plans. Lawmakers have already set aside millions for potential courtroom battles and are debating whether to throw even more cash into the pot this year.
As first reported by KJZZ, the Arizona Department of Water Resources has hired Sullivan & Cromwell LLP to represent the state if talks fall apart or the federal government imposes its own plan. State leaders are pitching the move as part of a broader strategy to safeguard Arizona’s water rights while negotiations continue.
State Procurement Lists Outside Counsel
Public procurement records show a contract labeled "Outside Legal Counsel for ADWR" with Sullivan & Cromwell LLP listed as the supplier, according to the Arizona State Procurement Office. That entry confirms the state has formally lined up outside legal muscle as the Colorado River talks move into a critical phase.
Why Arizona Is Preparing For Court
The Bureau of Reclamation and the Department of the Interior have laid out timelines for new post-2026 operating guidelines and warned that if the basin states cannot reach agreement, federal managers may finalize an alternative plan, a move that could trigger lawsuits. Recent releases from Reclamation highlight worsening reservoir projections and stress the need for a new deal to avoid even deeper cuts to water deliveries.
Money And Politics
Governor Katie Hobbs' administration set up a Colorado River Litigation Fund last year and has floated additional spending to defend Arizona’s allocation, as described by the Office of the Arizona Governor. Lawmakers are on board so far: the Arizona House has already passed a bill to pump another $1 million into the litigation fund, according to AZ Mirror.
Legal Path Ahead
If the water fight turns into a formal dispute between states, it could skip the lower courts entirely and land straight at the U.S. Supreme Court. Federal law gives the Court original jurisdiction over legal battles between states. The rule is spelled out in Legal Information Institute materials on 28 U.S.C. § 1251.
Officials at ADWR and other state leaders say they are in frequent contact with federal agencies and fellow basin states as negotiations continue. The Sullivan & Cromwell hire is widely seen as a signal that Arizona intends to defend its Colorado River share aggressively, KJZZ reported. Whether this ends with a handshake in a conference room or a showdown at the Supreme Court could become clear in the months ahead.
