Arizona Department of Water Resources faces lawsuit over groundwater rule

Goldwater Institute has filed a lawsuit against the Arizona Department of Water Resources on behalf of the Home Builders Association of Central Arizona.

The suit alleges the Governor’s office and the Arizona Department of Water Resources enacted a water rule without going through the proper legislative channels.

Last fall, the Arizona Department of Water Resources imposed a new rule requiring a 100-year groundwater supply across water management areas, not just at development sites. The Goldwater Institute’s legal team says the rule was allegedly imposed without legislative authorization or the required formal rule making process.

Earlier this week, we spoke with Jon Riches, Vice President for Litigation at Goldwater Institute. In this episode, we spoke with Tom Buschatzke, Director of Arizona Department of Water Resources (ADWR).

Buschatzke stands by ADWR’s process for making determinations on assured water supply applications.

The suit also states cities and towns, including Buckeye and Queen Creek, that are not yet designated water providers are being devastated by the ruling as are the state’s efforts to build affordable housing. Buschatzke said the risk is water supply for existing homeowners.