Arizona AG Takes Legal Action Against Megafarm for Overusing Groundwater Resources

Arizona Attorney General Kris Mayes has launched a lawsuit against Fondomonte Arizona, a corporate megafarm accused of causing severe damage to water aquifers and wells in La Paz County. This legal action fulfills a commitment made earlier this year to protect the region’s water resources.

Since 2014, Fondomonte has been engaged in alfalfa farming in rural Arizona, primarily to feed livestock in Saudi Arabia. Mayes stated, “Fondomonte’s unsustainable groundwater pumping has wreaked havoc on the Ranegras Plain basin, compromising the health and future of La Paz County residents.” She emphasized that Arizona law prohibits any company from risking community welfare for profit.

Although Governor Katie Hobbs previously canceled Fondomonte’s lease in Butler Valley due to concerns about groundwater depletion, the farm continues operations in Vicksburg, within the Ranegras Plain basin. In 2023 alone, the farm reportedly extracted over 31,000 acre-feet of water, enough to supply 91,000 households for a year.

In her lawsuit filed in state court, Mayes accuses Fondomonte of violating public nuisance laws, arguing that the farm’s excessive water usage threatens public health and safety. She asserts this over-pumping has accelerated the decline of groundwater levels and led to significant land subsidence, with some areas sinking nearly 9.8 inches.

Mayes is seeking a court ruling to classify Fondomonte’s activities as a public nuisance and to prevent further excessive water extraction. However, the term “excessive” remains nebulous within existing legal frameworks. “Excessive is dewatering nearby wells,” she explained, adding that while nuisance case law exists, defining what constitutes excessive usage needs further examination.

So far, Fondomonte has not publicly responded to the lawsuit. Mayes, a Democrat, criticized the Republican-controlled state Legislature for allowing rampant groundwater depletion. Notably, the Legislature initiated an investigation into Mayes after she announced plans for this lawsuit, marking a contentious political climate.

In response to Mayes’ threats, legislation was introduced that could impede nuisance lawsuits against agricultural operations. However, Governor Hobbs vetoed this bill, reaffirming that the Right to Farm Act does not shield such companies from legal accountability.

Mayes commended Hobbs for her actions against Fondomonte’s Butler Valley leases, suggesting further cancellations are warranted. “If it were my decision, the Vicksburg lease would have been terminated long ago,” she remarked. The governor’s office has yet to respond to inquiries regarding the ongoing situation.

Interestingly, Mayes is not seeking immediate relief in the form of a preliminary injunction or temporary restraining order. “Our aim is to prevail in this lawsuit,” she asserted. Should new evidence emerge presenting a stronger case during the discovery phase, Mayes indicated that adjustments to the complaint could be made.

In a similar scenario in Cochise County, residents are grappling with issues of dry wells and land subsidence. While Mayes lauded Hobbs’ recent establishment of an Active Management Area in the Willcox Basin, she hinted at the possibility of pursuing legal action against Riverview Dairy, also implicated in groundwater overuse akin to Fondomonte’s practices.