State Legislature begins chipping away the Groundwater Management Act (Phoenix: how much, lawyers)

[JGMotorsport64]

Roberts: Arizona Legislature sucking us dry (in more ways than one)


https://apps.azleg.gov/BillStatus/GetDocumentPdf/440953

[Prickly Pear]

Originally Posted by JGMotorsport64

Roberts: Arizona Legislature sucking us dry (in more ways than one)


https://apps.azleg.gov/BillStatus/GetDocumentPdf/440953

[Valley Native]

I have mixed opinions on this because on one hand I can definitely go along with the concept of private property rights ... but on the other hand, I tend to agree that developers are given too much free reign in this state. What concerns me is the fact that we're in a drought situation ... not as serious as California's drought, but it could become that way if we keep having these unusually warm, dry winters, and if the levels of the Colorado River & Lake Mead continue to decline.

My solution to the water situation is a very easy one: those who want to build & develop should be made to dig for their own water. After all, many people who move here seem to gloat about the constant sunshine & dryness ... so if they like that kind of weather so much, make them get out & drill for their own water supply, and then we'll see how much they truly like this climate!

[JGMotorsport64]

For those who are interested in what this measure means, currently under the GMA there are what is called Active-Management Areas (AMAs) that correspond to the larger urban areas such as Phoenix, Tucson, Prescott & Pinal County. Each of those areas requires a groundwater right in order to dig a well for groundwater (unless that groundwater was obtained through grandfather clauses in the 70s). When developers build in AMA areas they have to demonstrate with the ADWR that they have a 100 year source of water for the development they are building. That is usually obtained buying an allocation of the Central Arizona Project that is then recharged into then aquifer.

Areas not in AMAs like Mohave or Cochise County can elect to require a developer to make a showing of adequate water before building, areas not in AMAs have relaxed groundwater standards.

Sierra Vista/Benson have been mulling over this development for years. It's an enormous development that would almost triple the size of both cities and amplify their local economies. the issue is that the area only has 1 surface water source and it is federally protected (the San Pedro River). While Cochise County is not in an AMA it has elected to subscribe with the ADWR that developers have to demonstrate a a water source for what they build. The bill gives cities the right to decline the county's requirement of adequate water.

What this bill does is take Cochise County's requirement of adequate water supply demonstration and get rid of it. The practical effect is that the only thing that has prevented developers at this point from building large developments in Cochise County is water. Now that they don't have to demonstrate adequate water they can build and let the taps run dry (an externality felt by both tax payers and the people that choose to live in this community). They would be forced to dig wells and lower the water table lowering the San Pedro River which is federally protected and feeds a riparian habitat area.

So what happens, Lawsuits. Lots of them. This solves one lawsuit between Developers and ADWR but creates new ones for Senior Water Rights holders ala Miners, Farmers, Cities and Tribes.

This measure annoys me specifically not because of development, but because we as Arizonans have come to expect a certain level of forward thinking when it comes to water policy. This is an enormous step backwards and a dangerous precedent. Recall also that groundwater is a public trust resource, all residents of Arizona own groundwater collectively. When you pull groundwater it affects other people, a water issue taking place in almost this exact area was the catalyst for the GMA on the first place.

[teddyearp]

What I find incredulous is the fact that some developer want to build a whole town. Really? 7,000 homes is more than many towns in Arizona. In Sierra Vista? And then another article says someone wants to build an 18,000 unit development near Benson? This is just incredible. Sure 100-200 units, but city size? That's something that makes me go hmmm.

[Potential_Landlord]

Our legislature is legendary for subsidizing lawyers on the taxpayer dime. If it's not about screwing federally protected abortion rights it's about screwing federally protected rivers... they will always find something.

[ajonesaz]

Someone has been lining the pockets of some politicians. It is really the only logical reason I can see someone approving this.

[JGMotorsport64]

In short term this would be a good boon for the economy of Cochise County. Long term, since they don't have to show adequate water, they can just build until there is no more water, taps running dry would send a very negative image of our drought situation and crash the new ponzi economy that would benefit from this short term money boom.

But more importantly think of the precedent, a developer can't satisfy our water requirements? No problem the State will just exempt them instead...

[DougStark]

JG, thanks for updating the forum on this issue.

Hopefully public interest groups (like ALPI) will have their lawyers review and critique this bill to make sure it protects our groundwater. The complexity of Arizona's GW laws is above my skill level and expertise.

[JGMotorsport64]

Originally Posted by DougStark

JG, thanks for updating the forum on this issue.

Hopefully public interest groups (like ALPI) will have their lawyers review and critique this bill to make sure it protects our groundwater. The complexity of Arizona's GW laws is above my skill level and expertise.

Thanks, it was a quickly written explanation but I hope it's clear.

The issue with problems like this is that when you start discussing subflow or what constitutes navigable rivers people collectively fall asleep. Water issues should be front and center, but they're boring to most people.