Representation of special purpose districts

After graduating from the University of Arizona’s College of Law, Carlos went to work for a law firm that represented numerous agricultural districts in central Arizona, all of which planned to receive Central Arizona Project water for irrigation purposes. During his first seven years as a lawyer, he represented these districts in many matters, including district efforts to comply with Arizona’s Groundwater Management Act.

Carlos also represented numerous special purpose districts in administrative proceedings and litigation. One irrigation district was sued by the United States in federal district court for damages caused by allegedly diverting floodwater onto an Indian Reservation. Other districts were intervenors in numerous lawsuits brought to challenge the allocations of Central Arizona Project water, in lawsuits brought by Indian tribes (or by the United States on behalf of Indian tribes) over groundwater pumping, or in general stream adjudications.

After moving his practice to a major southwestern law firm in 1989, Carlos represented yet another major irrigation district that had contracted for, but then had difficulty paying for Central Arizona Project water. Over a five year period, he worked with the district to keep it out of bankruptcy by negotiating the relinquishment of its Central Arizona Project water allocation to the United States. This allocation was subsequently used by the United States for the settlement of the water rights claims asserted by several Indian Reservations. In exchange, the district received sufficient cash to: (i) pay off the cost of constructing its irrigation water distribution system; (ii) retire its bonded indebtedness; and (iii) refund property taxes that had previously been paid to the district by its landowners. Occasionally, he also represented that district in litigation. See, Bledsoe v. Goodfarb, 170 Ariz. 256, 823 P.2d 1264 (Ariz. 1991).

Carlos also has formed domestic water or wastewater improvement districts which are authorized to provide water or sewer service to district lands, but are exempt from regulation by the Arizona Corporation Commission. In several instances, he worked with the state legislature to amend Arizona law to facilitate the formation of such districts.