Entering its third year of negotiations over Colorado River cuts, Arizona has obtained legal counsel in preparation for a potential court battle.
The law firm representing the state is Sullivan & Cromwell Litigation Group – attorneys that represented the oil and gas company, BP in its $18.7 billion settlement agreement with government authorities over the Deepwater Horizon oil spill.
Officials in Governor Katie Hobbs’ office say the state may sue the federal government depending on its operational choices, which could be as early as June, depending on if a final decision is made on the current proposed operational guidelines of the River from the Bureau of Reclamation.
Upper Basin States could also be listed as defendants in the lawsuit if the complaint is filed directly before the Supreme Court.
Litigation could also be triggered as early as May, out of necessity to release backup reservoirs that are in the Upper Basin that contain millions of acre feet of water, to help the Lower Basin meet water deliveries under the 1922 Colorado River Compact, but officials say this is unlikely.
Officials with Hobbs’ office say other states have also retained counsel.
In 2025, Governor Hobbs put forward Arizona’s Colorado River Litigation Fund that received bipartisan support and set aside $1 million to be used for legal costs if consensus throughout the Colorado River Basin fails.
In a statement shared with AZPM, Christian Slater, a spokesperson with Governor Hobbs' office said:
"Governor Hobbs is committed to working with the federal government and other Colorado River states to deliver a negotiated settlement that protects Arizona’s fair share of water and stabilizes the system. However, it’s critical that Arizona be prepared to defend ourselves in court if an agreement cannot be reached or the Law of the River is violated. That’s why the Hobbs administration has retained Sullivan & Cromwell to lead on any potential Colorado River litigation. Sullivan & Cromwell attorneys are experienced Supreme Court litigators who have represented many high-profile clients in high-stakes legal battles. If a Colorado River deal cannot be reached, Governor Hobbs is ready to fight for a secure water future for Arizona families, farmers, and businesses."
