45 Years Later: Key Architect of Groundwater Management Act Reexamines Landmark Legislation

In 1980, Arizona’s Groundwater Management Act set an ambitious target for the state: a balance between groundwater withdrawal and replenishment by 2025. However, as the deadline approaches, lawmakers are still grappling with the complexities of groundwater management, leaving the three largest urban areas far from this goal.

The act was introduced in response to severe groundwater depletion and aimed to establish a comprehensive framework for water allocation. It created four active management areas and laid the groundwork for the Arizona Department of Water Resources, which oversees these efforts.

Kathleen Ferris, a water policy expert and former executive director of the Arizona Groundwater Study Commission, played a key role in crafting the original act. In a recent interview, she discussed the legislation’s impact and the current challenges facing lawmakers.

Ferris expressed retrospective concerns, stating, “I wish we would have had more tools to reduce groundwater overdraft.” Despite the foundational nature of the Groundwater Management Act, she recognizes that advancements in water policy are necessary.

One significant change Ferris advocates for is equipping the Arizona Department of Water Resources with more resources to manage increased demand from burgeoning industries like semiconductors and artificial intelligence. She noted, “We only gave the Department of Water Resources really a few tools, primarily mandatory conservation requirements.” Yet, these measures have not sufficiently curtailed the necessary reductions to achieve sustainable water use.

The act aimed to achieve “safe yield” in the Phoenix, Prescott, and Tucson Active Management Areas by 2025, which refers to the equilibrium between groundwater extraction and recharge. However, as the deadline approaches, none of these areas have met this critical standard. Ferris reflected on the challenges, acknowledging that the anticipated growth and climate changes over the past decades were not fully foreseen when the act was conceived.

Additionally, uncertainty surrounding the future of the Colorado River—an essential water source for much of Arizona—adds another layer of complexity. As states renegotiate water rights amid dwindling supplies, Arizona may be forced to rely more heavily on groundwater reserves.

Current legislation requires entities selling or leasing land in an Active Management Area to prove sufficient water resources for 100 years. Ferris believes this is no longer adequate, stating, “One hundred years is a blink of an eye.”

As lawmakers prepare for another session focused on groundwater issues, conflicts persist regarding the best methods to address groundwater depletion in rural areas. Previous proposals have failed to replicate the significance of the original act.

This year, Governor Katie Hobbs collaborates with bipartisan leaders to propose the Rural Groundwater Management Act, which would create areas similar to the original Active Management Areas. The aim is to facilitate local control while addressing groundwater concerns, especially for agricultural regions.

Despite its bipartisan backing, the proposal faces resistance from Republican members within the Legislature. Ferris, while not directly involved in the new act, underscores the need for immediate policy adjustments, urging lawmakers to limit new groundwater uses to preserve existing supplies.

Ferris is skeptical about whether similar collaborative efforts seen during the act’s inception could be replicated in today’s polarized atmosphere. She reminisced about how leaders from both parties came together during the push for the original legislation, fostering a spirit of cooperation that seems lacking now.

“It was a different era,” Ferris noted, saying that the current political climate offers fewer opportunities for that collective momentum, which is vital for effective solutions to Arizona’s ongoing water challenges.