By Matthew Holloway |
The Arizona House of Representatives nearly unanimously approved legislation on Tuesday to increase funding for the state’s legal defense fund related to Colorado River water rights, advancing the measure to the Arizona Senate. The bill passed the House with 56 votes in favor and 4 members not voting.
The measure, known as House Bill 2116, sponsored by Rep. Gail Griffin (R-LD14), and supported by fellow Republican Reps. Pamela Carter and Matt Gress of Legislative District 4, would appropriate $1 million from the state’s general fund to the Colorado River Litigation Fund for fiscal year 2026-27.
“Waiting until a lawsuit is filed to start planning would be reckless,” Griffin told AZ Family. “HB 2116 puts Arizona on offense, not defense.”
The Colorado River Litigation Fund was created during the 2025 legislative session to ensure that Arizona could pursue or defend legal action if disputes arise over its legally entitled share of Colorado River water.
In a joint news release, Carter said the additional funding would help protect Arizonans’ water supply by preparing the state for litigation if interstate negotiations fail. She noted that cities, including Phoenix and Scottsdale, remain dependent on water delivered through the Central Arizona Project (CAP).
“We must ensure a safe and reliable water supply for our residents,” Carter said in a statement. “If other states refuse to honor the Compact, we have to be ready to defend our rights in court. HB 2116 ensures Arizona is not caught flat-footed if negotiations fail and litigation becomes unavoidable. I voted yes to protect our water supply, families, jobs, and future.”
Gress emphasized that proactive funding was necessary in case the governor could not secure a satisfactory agreement in ongoing multistate negotiations over river water allocation, saying, “No one wants to go to court over water, but ignoring the risk of litigation would be irresponsible. This funding gives Arizona the ability to defend itself and its rights if the Governor fails to reach a fair agreement. When the water supply of millions of Arizonans and our state’s economy are on the line, every step we take in preparation matters.”
Griffin, chair of the House Natural Resources, Energy and Water Committee, also issued a statement highlighting the importance of readiness. “Other states have been positioning themselves for court long before this fund was created. Hopefully the fund will not be needed, but if it is — this bill makes sure that Arizona is ready to defend the water that millions of people and billions of dollars of economic activity depend on,” she said.
The House approved HB 2116, following bipartisan support in the House Natural Resources, Energy and Water Committee and the Appropriations Committee, and with unanimous approval from the House Rules Committee.
About 36 percent of Arizona’s water supply is drawn from the Colorado River, a resource shared by seven Western states that are currently negotiating a post-2026 operating agreement. If states fail to reach a new deal by the federal government’s deadline of Feb. 14, 2026, federal authorities could impose their own rules on water cuts.
Arizona’s top elected officials, both Republican and Democrat, penned a joint letter in November 2025, urging federal action in the absence of an agreement between the seven Colorado River Basin states. The letter cited the upper basin states’ refusal to commit to verifiable conservation.
In the news release from House GOP Leaders, they note, “Officials from Upper Basin states have openly stated they want to see [Central Arizona Project] CAP deliveries cut before accepting reductions themselves, despite their legal obligation under the 1922 Colorado River Compact to deliver minimum flows to Lower Basin states like Arizona.”
State leaders and stakeholders have increasingly framed the funding boost as a precautionary legal strategy amid complex negotiations and possible delivery shortfalls, as reported by KJZZ. Some water policy analysts say litigation may be difficult to avoid given entrenched positions among basin states; others urge continued negotiation to reach a sustainable agreement without court involvement.
The bill now moves to the Arizona Senate for further consideration.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
