Attorney General Takes Action Against Saudi Farm Over Groundwater Controversy

Arizona Attorney General Kris Mayes announced on Tuesday her intention to file a lawsuit within two weeks aimed at halting water extraction by corporate farms in two rural areas. This move comes in response to concerns that these farms, some operating on state-leased land, are creating a “nuisance” by depleting vital water resources needed by local residents.

During a press conference, Mayes explained her legal rationale, emphasizing the failure of Governor Katie Hobbs to revoke several state leases and the Legislature’s inability to create a comprehensive groundwater regulation program. She asserted that the legal framework allows her to intervene, given the detrimental impact on community water supplies.

Mayes also signaled her readiness to engage in legal battles against the Trump administration over policies outlined in Project 2025. Of particular concern is a proposal that could invoke the 1873 federal Comstock Act to restrict access to medications used in abortions and potentially birth control, raising fears about government surveillance of women crossing state lines for reproductive care.

The Attorney General further mentioned the need to scrutinize Trump’s anticipated actions on immigration, particularly regarding mass deportations and the future of the Deferred Action for Childhood Arrivals (DACA) program established under the Obama administration.

With the recent approval of Proposition 139, which guarantees a fundamental right to abortion in the Arizona Constitution, Mayes is assessing existing abortion laws, particularly those that require parental consent. Key legal questions loom regarding their validity post-approval.

Mayes’ most immediate focus is on Fondomonte, a Saudi-owned company operating in La Paz County. The firm cultivates alfalfa for export to Saudi Arabia, raising significant water usage concerns. While she acknowledges that the company currently complies with state laws, the lack of regulations on groundwater extraction in non-designated areas creates significant challenges.

State leases were altered last year, but Mayes highlighted that several remain active until 2030, stating, “I believe the governor should have canceled those leases, but she did not.” She challenged the status quo: “What are we going to do, allow the Saudis to completely dewater La Paz County?”

Concerns extend beyond state land leases, as similar issues arise from private farms extracting water in these less-regulated areas. Mayes criticized the Legislature’s inaction, urging them to address the water crisis directly.

Governor Hobbs has distanced herself from the controversy, attributing the situation to her predecessor’s administration. Mayes, however, is prepared to act against both Fondomonte and Riverview Dairy in Cochise County, which also benefits from unrestricted groundwater pumping.

Despite the ongoing legalities, Mayes insists that water extraction operations that harm the community constitute a nuisance and that she has the evidence to prove it. Her office has engaged hydrologists to analyze the impact of these agricultural practices on local water availability.

The attorney general’s commitment to applying nuisance law against these companies underscores her determination to protect community resources and uphold residents’ rights. “I’m dead serious about using nuisance law to stop the Riverview Dairy from destroying the economy of Cochise County,” she proclaimed.

The legal landscape remains intricate, as Rep. Jackie Parker noted existing laws that may complicate claims of nuisance in agricultural operations. She emphasized that any alterations to groundwater usage policies are the responsibility of the Legislature, not the attorney general.

Meanwhile, Mayes is also bracing for potential challenges posed by the Trump administration, especially if Project 2025 is pursued. She finds many proposals unacceptable, insisting they violate constitutional rights related to personal privacy and reproductive health.

“Those kinds of provisions are unacceptable to the people of this country, to Arizonans,” Mayes said, emphasizing the importance of safeguarding established rights outlined in both federal and state laws.