Water Quality

The water lawyers at Jennings Haug Cunningham have extensive and varied experience in water quality matters. We have counseled clients on matters ranging from the protection of water resources to resolution of water quality violations and liability under the Clean Water Act, Safe Drinking Water Act, Underground Injection Control program, Arizona’s Aquifer Protection Permit program and civil tort claims. Our experience in water quality issues includes:

  • Representing a private water co-op in southern Arizona in bringing claims against a nearby mining company for contamination of the company’s drinking water production wells, and assisting in the construction of replacement wells and transportation pipelines.
  • Representing a private Arizona water provider in bringing claims against several mining companies for contamination of wells and regional surface water supplies, and securing replacement water supplies.
  • Representing a large Phoenix-area city in bringing claims against a major manufacturer for contamination of a city drinking water well, and recovering the costs of replacement supplies.
  • Defending a major Phoenix-area manufacturer against claims that the manufacturer had contaminated irrigation wells.
  • Representing a major land owner in opposing and commenting on an Underground Injection Control (UIC) exemption and permit application before USEPA and an APP significant amendment application before ADEQ.
  • Assisting clients in obtaining practical and technically sound Aquifer Protection Permits, Stormwater Permits, NPDES Permits, AZPDES Permits, Reuse Permits, and other water quality-related agency approvals and registrations.
  • Providing environmental advice as part of a land owner’s legal team to oppose a neighbor’s change in land use request before an Arizona town council and planning and zoning commission.
  • Assisting a professional sports training facility in obtaining a reuse permit.
  • On behalf of a large manufacturing client, preparing responses to city-issued wastewater Notices of Violations, providing representation in Show Cause Hearings, and negotiating settlements.
  • Representing a large Arizona city in negotiations with EPA for issuance of the first Large Municipal Separate Storm Sewer System (Large MS4) permits in Arizona.
  • Assisting a small business in applying for and securing State Water Infrastructure Finance Authority (WIFA) technical assistance (TA) funds for use in forming a wastewater improvement district.

Our attorneys have participated in the development of water quality standard, such as ADEQ’s Triennial Review of Surface Water Quality Standards. We have participated in stakeholder meetings and policy discussions, and have drafted comments on key water quality rules and legislation.