PHOENIX (Legal Newsline) – An Arizona municipal corporation is seeking to enjoin a United States Army Corps of Engineers water release over allegations it would harm its customers.

Central Arizona Water Conservation District filed a complaint on March 6 in the U.S. District Court for the District of Arizona against United States Army Corps of Engineers citing the National Environmental Policy Act.

According to the complaint, the plaintiff is responsible for the operation and maintenance of the Central Arizona Project and delivery of water from the Colorado River to 80 percent of Arizona's population.

The suit states that in March, the defendant proposes to release water from Alamo Dam to flush sediment from behind the dam. The plaintiff alleges this action, known as the Alamo Dam Flushing Flow Release, will release water at rates significantly above the normal riparian releases rates and result in irreparable harm to CAWCD and its customers.

The plaintiff alleges the release will cause significant water treatment and delivery problems and will impair the use and recharge of Colorado River water. 

The plaintiff holds United States Army Corps of Engineers responsible because the defendant allegedly failed to consider any alternatives and failed to prepare an environmental impact statement in violation of the NEPA.

The plaintiff seeks to enjoin implementation of the release, costs, expenses, expert witness fees, and reasonable attorney’s fees in accordance with law, and grant such further relief as may be just, proper, and equitable. It is represented by Norman D. James of Fennemore Craig PC in Phoenix.

U.S. District Court for the District of Arizona case number 2:18-cv-00724-DLR

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U.S. District Court for the District of Arizona




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