16-02-2025
I won't let lawyers tear down Arizona water protections without a fight
Some things are fundamental to our success and way of life in the Arizona desert.
Having a reliable water supply ranks first among them.
The governor designated me to defend Arizona residents' right to enjoy an assured water supply lasting at least 100 years, and I am more firmly committed to that promise today than ever before.
Under my watch, no homeowner in an Active Management Area should ever feel concerns for future water supplies, even in an age of chronic drought and climate change. Today's challenges are precisely those that Arizona's landmark 1980 Groundwater Management Act was designed to confront.
What is concerning, on the other hand, are recent efforts to undermine our state's invaluable consumer protections that guarantee a reliable water supply amid the backdrop of booming growth in the Phoenix metro area.
On behalf of a powerful group of irresponsible development interests, the Phoenix-based Goldwater Institute recently filed a lawsuit against the Arizona Department of Water Resources, predictably alleging a litany of vague complaints about 'bureaucratic overreach' and 'arbitrary' choices related to how the department calculates the availability of water underground.
ADWR is accused of acting aggressively in defense of Arizona homeowners who accepted the state's most sacred pact with its homebuying residents: That if you buy a new home in a region protected by Arizona's Assured Water Supply Program, you can count on an assured water supply.
That is the commitment that a bipartisan majority of Arizona lawmakers made in 1980 with the Arizona Groundwater Management Act — a political act of courage and commitment that has stood the test of time now for 45 years.
For decades, Arizona has been heralded for having demonstrated the rare governmental foresight to protect its homebuyers — and, in turn, its economic future — by standing on a unique legal principle:
That a homeowner in an area stamped with an assured water supply seal of approval need never lose a night's sleep worrying that some vast, new development tapping into the same water supply might someday leave the homeowner with a kitchen faucet spewing dust.
'For me, that was the most historic thing that I had anything to do with,' the late Republican state Senate President Stan Turley recalled for the Arizona Memory Project.
It was a complex piece of legislation, to be sure, running more than 100 pages. It created Active Management Areas and mandated groundwater-use reporting requirements in AMAs for major agricultural and commercial users, among others.
But also fundamental to the act were those consumer protections designed to assure that the state's groundwater would not be depleted by excessive pumping.
Written into the 1980 act — as well as into subsequent legislation — was language authorizing specific steps the department could take to protect groundwater supplies and the homeowners who were already tapped into them.
A term of art long used to describe these groundwater protections is 'unmet demand.'
Unmet demand occurs when the Assured Water Supply Program forecasts the potential for water users' groundwater wells to dry up, and thus their demand — their future need for groundwater — is 'unmet.'
This concept is what the Goldwater lawsuit rails against: the state's efforts to protect existing homeowners and communities from having their wells go dry because of new developments.
Amazingly, the Goldwater Institute has opted to characterize the unmet demand concept as something new and 'flawed.'
Claims that this is a 'new' policy established in 2023 are patently false.
Discussions related to the Assured Water Supply Program and groundwater constraints date back at least to 2017, when Gov. Doug Ducey's then chief of staff hosted meetings on this exact topic, attended by the very same stakeholders who are suing over what they describe as a 'new' policy.
What is at stake in this lawsuit is the ability of the state to protect the Arizonans that are here today, by ensuring that their water supplies don't run out or water levels fall to alarming depths of 1,000 feet due to new groundwater pumping.
Opinion: It's time to reform the groundwater law I helped pass
The Goldwater lawsuit would create a policy directive to rubberstamp new developments if water was available beneath them, while forcing ADWR to ignore any potential impacts to neighboring homeowners or communities.
Such a position violates the very spirit of our water laws that are designed to protect the residents and communities who are here today.
There have been claims leveled recently that ADWR is anti-growth. These claims are false, as well.
The department is every bit as committed today to helping builders find alternative water supplies as it was in 2017 under Governor Ducey when modeling found similar conditions in the Pinal Active Management Area.
In November 2023, the department — along with the Governor's Water Policy Council — proposed alternatives to the Assured Water Supply Program that would allow new development to make use of grandfathered groundwater rights as a sort of bridge to a permanent, renewable supply of water.
Those innovative alternatives would allow home construction to include groundwater that previously could not be included in an assured water supply determination.
Vitally, it would do it in a way that allows water providers to firm up the groundwater supplies for existing users while allowing for new growth.
To this day, ADWR continues to process and issue assured water supply determinations where conditions allow. It has led the way in streamlining regulations and creating flexibility for communities to continue building their robust economies.
The department has enthusiastically supported market-based reforms, such as permitting the movement of water supplies from legislatively approved groundwater basins.
It has helped to provide greater flexibility for Arizona's Native American tribes to market their supplies, and it is currently developing a voluntary conservation incentive program that will make it easier for farmers to develop their lands into housing and other urban uses — while saving water at the same time.
Growth is essential to the state's economy, and it is accelerated by the guarantee of a reliable water supply.
When families and businesses make the decision to relocate and invest in Arizona, they should be able to do so with the assurance that they will have water security long into the future.
The department has a legal obligation to protect the water supplies of Arizonans who are here today when new developments are considered, and we will stand by that obligation.
Arizona has had a 100-year water assurance promise that has stood up for 45 years. The department is not about to allow Goldwater's lawyers — or anyone else — to tear it down without a fight.
Tom Buschatzke has served as director of the Arizona Department of Water Resources for more than 10 years. On X, formerly Twitter, @azwater.
This article originally appeared on Arizona Republic: Arizona water law protects homeowners. We can't erode that | Opinion
