Conservationists Launch Legal Battle to Safeguard San Pedro Groundwater

Conservationists launched a lawsuit against Arizona Governor Katie Hobbs and the director of the Arizona Department of Water Resources on Thursday. They are demanding the revocation of a water certificate awarded to a development project for 7,000 homes, which they argue will unlawfully extract groundwater from the San Pedro River, the last free-flowing river in the Southwest.

The certificate was approved in 2013, based on groundwater availability allocated to the San Pedro Riparian National Conservation Area. However, environmental advocates claim that utilizing this water for a housing development poses grave risks to the fragile ecosystems within the river’s vicinity. The lawsuit targets Governor Hobbs, Tom Buschatzke, the director of the water resources department, and Pueblo Del Sol Water Company.

Robin Silver, co-founder of the Center for Biological Diversity, criticized the state officials for their inaction. “It’s unconscionable that they’re willing to hand a blank check to wealthy developers at the expense of a rare, priceless and fragile ecosystem and everyday Arizonans,” he stated. He emphasized the potential consequences for homeowners, suggesting that they may face an uncertain water supply and diminished property values.

The planned development, initiated by California housing developer Castle & Cooke alongside Pueblo Del Sol Water Company, is located just five miles from the San Pedro River. Despite opposition from environmental group EarthJustice and the U.S. Bureau of Land Management, which aimed to protect the conservation area—a critical habitat for over 100 bird species—court rulings have favored the project.

In 2018, the Arizona Supreme Court permitted the transfer of water rights, ruling 5-2 that the state need not account for unquantified federal water rights when ensuring a 100-year water supply for new developments. Although Congress reserved these water rights in 1988, the lack of quantification in statute led to ambiguity, leaving interpretation to the Department of Water Resources.

However, a more recent ruling from Maricopa County Judge Mark H. Brain in August 2023 quantifies these water rights and mandates the monitoring of groundwater levels at specific wells. Plaintiffs noted that two wells have already fallen below acceptable levels, indicating ongoing violations. Despite the enforcement of water rights, the subsequent year has seen no action from the governor or the water resources department in response to these concerns.

In response to the inaction, Silver criticized the state leadership, noting that it has been a year since water rights were quantified, and over-pumping issues have been evident. “They’ve chosen to leave the San Pedro River unprotected and future Sierra Vista-area homeowners vulnerable to the inevitable catastrophe of their taps running dry,” he added.

This lawsuit represents the second legal challenge from the Center for Biological Diversity concerning the San Pedro River. The group had filed earlier in June, addressing the state’s neglect regarding a petition to establish an active management area in the Upper San Pedro Basin.

Amid growing tension over groundwater management, Silver described the current state of affairs as a looming disaster for both the river ecosystem and the residents who depend on it. As the controversy continues, the Arizona Department of Water Resources has refrained from commenting on the latest litigation, and the governor’s office has yet to respond to inquiries.