Representation of mining companies

In addition to the adjudication-related work outlined above, Carlos represented an Arizona-based copper company in numerous water rights matters arising under state and federal law. In one instance, he worked with the company so that agricultural water rights that were appurtenant to its farmland could be used for mining purposes. This was the first time that any landowner had applied for a “change in use” under the Federal water rights decree that governed the use of waters in this area of Arizona. Carlos also filed for, acquired and assisted the company with its management of its water rights portfolio which included a variety of surface water and groundwater rights appurtenant to its numerous properties in Arizona.

Carlos currently represents a second major copper mining company in water matters related to the development of an underground copper mine near Superior, Arizona, where he has assisted his client with banking almost 300,000 acre-feet of water for future use.

In southeastern Arizona, Carlos represented a marble quarry in negotiating a settlement with the Arizona Department of Environmental Quality for violations of air quality regulations. In yet another matter, he worked with the Arizona State Land Department to resolve concerns about the effect of a quarry on an adjacent landowner’s property.

In other instances, Carlos has represented banks and investors that were investing in, or providing financing for, copper and uranium mining companies in Arizona. For the most part, he worked on the due diligence review of water and mineral rights, while others worked on the transactional documents.