Chandler sues Water Conservation District over breach of water rights

The City of Chandler will argue before the State Supreme Court as they sue the Roosevelt Water Conservation District (RWCD) to honor its agreement with the city to provide water resources for the lands that have urbanized within the district.

The RWCD began more than 100 years ago for the purpose of irrigating farmlands which amounts to about 40,000 acres within Chandler, Gilbert, Mesa and southeastern Maricopa County. Chandler alleges RWCD continues to charge Chandler residents $1.7 million annually in property taxes, while the district is failing to honor its agreement to provide Chandler with water for domestic uses.

Mayor Kevin Hartke (D) of the City of Chandler joined us to discuss.

RWCD and Chandler signed a water services agreement in 2002 ensuring the district’s water rights continue to serve a beneficial purpose as these agricultural lands have urbanized in our city. However, according to the city, for nearly a decade, RWCD has been refusing to honor the agreement, which is valid until 2086, and has denied purchases for Chandler, even as they have upheld obligations.

The City of Chandler has been asking for water, and they are willing to accept any amount of water the RWCD is willing to give, according to Mayor Hartke.

“We’ve tried since about 2018 to come to grips with the contract, enforce the existing one, sign a new one, but what we need as a city is certainty. So if they have X amount of water that they will sell us a percentage of whatever water is available after they’ve completed all their other obligations. We believe that after all their other obligations, they should sell us 29% of what is left,” Mayor Hartke said.

Arizona Senator J.D. Mesnard (R) and Representative Julie Willoughby (R) also recently introduced a bill in the Arizona Legislature, House Bill 2125. The concept of the legislation states an irrigation district, like RWCD, can’t walk away from legal agreements with taxpayers by stalling, or by simply not honoring the contract terms.

Southeast Chandler is being affected the most by this disagreement. The homes get water from SRP, Central Arizona Project and groundwater instead of RWCD.

Mayor Hartke said he has been working with RWCD to complete this agreement since his election in 2018.