Arizona’s Controversial Water Policy: A Deep Dive into the Recent Lawsuit from Home Builders
Arizona’s policy in managing its water resources has recently been thrust into the limelight. A group of home builders in the state has filed a lawsuit against the Arizona Department of Water Resources (ADWR) over what they perceive as their unlawful imposition of water supply restrictions. This piece aims to provide an in-depth analysis of this issue while highlighting possible implications for both the housing and environment sectors.
Assured Water Supply Rules: An Unwanted Barrier to Construction
The crux of the builders’ complaint lies in their assumption that rules concerning assured water supply, as enforced by the ADWR, are illegal. The regulations have allegedly hindered new home construction projects and have caused financial hardships for those involved in the sector. These builders are now seeking permanent checks against these rules, claiming they were unlawfully adopted without public consultation and are out of line with state law.
Precipitating Factors: A Flawed Claim?
The CEO of Home Builders Association, Jackson Moll, has expressed dismay over the situation and has blamed Katie Hobbs, the Democratic Governor whose office oversees ADWR, for what he regards as a flawed assertion that Arizona is running out of groundwater. Moll believes that this, coupled with the assurance of water rules by ADWR, has had disruptive effects on the housing affordability in Arizona.
Maintaining Balance: Economic Growth and Natural Resource Stewardship
Moll’s stance reflects a broader concern. The builders assert that this lawsuit aims to uphold the basic principles of democracy and separation of powers as enshrined in the state constitution, ensuring Arizona’s capacity to preserve its natural resources and stimulate economic growth.
A Stumbling Block for Residential Developers: Obtaining Assured Water Supply Certificate
For all residential home builders in Arizona’s designated groundwater Active Management Areas (AMA), they must secure a certificate of 100-year assured water supply or a commitment from an existing water provider with a similar certification to furnish water to their subdivision before they initiate building. The process of obtaining this certificate demands that developers meet several criteria, including assurances that the water supply will be of high quality, and that it will be continuously, physically, and legally available.
The Historical Frame: From the 1980 Arizona Groundwater Code
The assured water supply rule can be traced back to the 1980 Arizona Groundwater Code, which was implemented with the aim of managing the state’s groundwater supply. For years, Arizona had been exceeding its groundwater usage and the code was created to counteract this.
Projections and Realities: The Phoenix AMA Scenario
In June 2023, Hobbs presented an updated hydrological model for the Phoenix AMA. This model shows a projected 4% deficit in its 100-year water supply and grounds for the recent halt of some new home building plans. Areas affected include Queen Creek, Goodyear, and Buckeye, and their development plans depended solely on groundwater. Housing shortages in these regions were accentuated because these areas were not served by any water providers, limiting the developers to apply for their own assured water supply certificate.
Legal Aspects of the Issue: Solicitation of Public Opinion and State Law Compliance
The lawsuit is critical of the procedure followed by ADWR in creating two new rules regarding AMA-wide “unmet demand” and water depth, claiming a lack of public participation in their formation and a disconnect with the existing state laws. The legal overlap between affordable housing availability and responsible stewardship of natural resources should ideally be managed transparently and democratically, ensuring the rights and security of stakeholders at both ends.
Conclusion: Determining the Future of Arizona’s Water Policies
As this controversy unfolds, the implementation of critical statewide decisions, such as the one encapsulated in this lawsuit, will need to strike a balance between advancing economic growth and preserving our precious natural resources. This controversy has far-reaching implications. Thus, a public discourse embracing all relevant viewpoints and interest groups is needed to pave the way towards a sustainable impact. In the end, water is not just a precious resource, but a fundamental right as well.
Originally Post From https://azmirror.com/2025/01/24/home-builders-sue-over-assured-water-supply-rules-that-hampered-home-building-in-west-valley/
