Lisa M. McKnight
(602) 801-9065 | lmm@slwplc.com
After graduating from Northwestern University Law School in 1987, Lisa McKnight joined Jennings, Strouss and Salmon as an associate and immediately began working with Byron Lewis and John Weldon on water, environmental and Indian law matters. She was a founding member of Salmon, Lewis & Weldon, P.L.C. in 1995. Ms. McKnight has devoted a major portion of her practice to the representation of water users, most notably the Salt River Project and the City of Tempe, in the Gila and Little Colorado River Adjudications, in the federal courts, and in water right negotiations with neighboring Indian tribes.
From the inception of her legal career, Ms. McKnight was given the opportunity to participate in the negotiation of numerous Indian water settlements on behalf of the Salt River Project. Ms. McKnight assisted Mr. Weldon in the preparation of the multi-party agreement and legislation enacted by Congress to settle the water right claims of the Salt River Pima-Maricopa Indian Community, the Fort McDowell Indian Community, the San Carlos Apache Tribe and the Gila River Indian Community. With respect to the former three settlements, Ms. McKnight was also active in the litigation of objections to the settlements before the Gila River Adjudication Court.
Apart from her representation of clients in the adjudications, over the past decade, Ms. McKnight has litigated numerous cases at the trial and appellate levels involving alleged violations of various federal environmental laws, most notably the Endangered Species Act (“ESA”) and the National Environmental Policy Act (“NEPA”). Ms. McKnight has represented the Salt River Project (“SRP”) and the San Carlos Irrigation and Drainage District in numerous lawsuits initiated by environmental groups involving alleged violations of the ESA, NEPA and other federal environmental laws. Of particular interest to this proposal, Ms. McKnight represented SRP in two suits brought by environmental groups pursuant to the ESA challenging the Secretary’s operation of the Lower Colorado River as in violation of the ESA. The suits, brought in 1997 and 2000, were both resolved in favor of the positions taken by SRP, other Lower Basin users and the Federal government, and against the plaintiffs.
In 1998, Ms. McKnight and Mr. Weldon represented the City of Scottsdale in a suit brought by several homeowners’ associations and an environmental interest group challenging the City’s construction of the Thompson Peak Parkway and related recreational and flood control projects under numerous federal environmental laws. After a ruling by the district court in favor of the City, Ms. McKnight represented the City in mediation proceedings facilitated by a mediator from the United States Court of Appeals for the Ninth Circuit. Working with the mediator, City officials, the plaintiff citizens’ groups and their attorney, Ms. McKnight prepared the agreements and other documents resulting in a permanent settlement of the dispute.
In addition to these litigation matters, much of Ms. McKnight’s practice over the past five years has been devoted to negotiations with the United States Fish and Wildlife Service and other parties on behalf of SRP to obtain incidental take permits under the ESA for various components of SRP’s water and power operations. On behalf of SRP, Ms. McKnight negotiated the terms of an incidental take permit issued by the Service pursuant to the Endangered Species Act for the operation of Roosevelt Dam and Lake. The permit, issued by the Service in 2003, authorized incidental take of endangered, threatened and candidate species for a period of 50 years. More recently, Ms. McKnight represented SRP in the negotiation of the terms and conditions of the incidental take permit to be issued by the Fish and Wildlife Service for species covered by the Lower Colorado River Multi-Species Conservation Program (“MSCP”). Ms. McKnight actively participated in the negotiations, which involved representatives from the three Lower Basin States, along with three agencies of the Federal Government. At present, Ms. McKnight is the attorney for SRP in the development of the habitat conservation plan that will accompany SRP’s application for an incidental take permit in conjunction with the operation of Horseshoe and Bartlett Reservoirs on the Verde River.
Along with Mr. Weldon, Ms. McKnight has also represented the City of Yuma for several years on matters involving the City's entitlement to Colorado River. Ms. McKnight recently prepared the application for incidental take permit submitted by the City to the United States Fish and Wildlife Service in connection with the Lower Colorado MSCP. In the past, Ms. McKnight and Mr. Weldon have represented the City in negotiations for delivery of a portion of the City's Colorado River entitlement to a large industrial entity seeking to establish operations in Yuma County. This representation, grounded in the prior experiences described above, has provided a further opportunity for Ms. McKnight to familiarize herself with the various legislative enactments, interstate compacts and judicial decrees which comprise the Law of the River. Ms. McKnight is also knowledgeable of the regulations and proposed regulations promulgated by the Secretary of the Interior pertaining to the use of the Lower Colorado River water by individual contractors.
In proceedings before the United States Supreme Court, Ms. McKnight assisted Mr. Steve Crofton in the preparation of an amicus brief in the In re Big Horn River Adjudication on the standard for quantification of Indian reserved rights. Ms. McKnight also prepared the briefs in a discovery dispute involving SRP before the Special Master in Arizona v. California. The Special Master ruled in favor of positions taken by the Salt River Project on all issues.
Ms. McKnight is admitted to practice before the United States Supreme Court, the United States Court of Appeal for the Ninth Circuit, the United States Court of Appeals for the District of Columbia Circuit, the United States District Court for the District of Arizona and the Arizona state courts.
In addition to her professional experience, Ms. McKnight has devoted a great deal of time over her career to speaking, writing and teaching on matters pertaining to water and water rights in the State of Arizona and in the western United States generally. In January of 1995, Ms. McKnight was appointed an adjunct professor at Arizona State University Law School. In the Spring semesters of 1995 and 1996, Ms. McKnight taught the Water Law Course at the Law School, which, among other things, included a review of Arizona’s prior appropriation doctrine, federal Indian rights, rights to the use of interstate streams, especially the Colorado River, and constitutional doctrines affecting the ability of the state and the federal government to regulate water rights.
