West Valley Home Builders Battle Assured Water Supply Rules in Lawsuit

Water Management Challenges: Arizona Home Builders Fight Back

The age-old problem of water supply and its access plays a significant role in shaping Arizona's property market. A lawsuit has recently been filed against the Arizona Department of Water Resources (ADWR), alleging that unfair water supply regulations are unduly hamstringing new home construction and causing financial strife to home builders. This editorial explores the details of the case and the larger implications for water use and management in Arizona.

The Lawsuit

A consortium of home builders represented by the Home Builders Association of Central Arizona, with the backing of conservative group Goldwater Institute, has taken legal action against the ADWR. The lawsuit, filed on January 22nd, seeks to permanently overturn two water supply regulations the Home Builders Association claims were implemented illegally without public consultation and are out of sync with state laws.

Groundwater Conservation vs. Home Building

The Home Builders Association CEO, Jackson Moll, points the finger of blame squarely at Democratic Gov. Katie Hobbs, whose office oversees ADWR. He lambasts what he sees as her “deeply inaccurate and flawed claim that Arizona is running out of groundwater.” Moll is unequivocal, stating the Governor's misguided views, in tandem with ADWR's water rules, have had a catastrophic impact on housing affordability in Arizona.

Assured Water Supply Rules in Context

The bone of contention lies with the mandatory rules that order all residential home builders within Arizona's designated groundwater Active Management Areas (AMA) to acquire a certificate that assures a 100-year water supply before they commence construction. Developers must prove, through a rigorous checklist, that the water supply will meet specifications in terms of quality and availability.

These assured water supply regulations are firmly rooted in the 1980 Arizona Groundwater Code and were conceived to manage the state’s groundwater supply, which had been heavily depleted for years. Fast forward to June 2023, when Hobbs released a revised hydrological model projecting a 4% shortfall in the AMA's 100-year water supply. The announcement led to a halt in new home building plans in areas that solely counted on groundwater, despite a severe housing crisis.

The Bone of Contention

At the heart of the dispute is the ADWR's decision not to issue more certificates of assured water supply. The lawsuit zeroes in on two new regulations concerning AMA-wide "unmet demand" and water depth. The opposing sides disagree on the legality and validity of these new rules, arguing about the right ways to ensure a sustainable water supply for the long term without unduly hampering housing projects.

Responses and Rebuttals

Christian Slater, a spokesperson for Gov. Hobbs, has publicly refuted the lawsuit's claims, labeling them as a politically motivated attack by opportunistic developers aiming for short-term gain at the cost of Arizona's groundwater reserves and populace. Slater suspects political partisanship underpins the lawsuit, as the same concerns were conspicuously absent during previous similar situations.

Looking Forward

The ongoing lawsuit represents a clash of interests and views on responsible resource management. It serves as a pertinent reminder of the importance of balancing economic growth and sustainability. As the case unfolds, it will shed more light on the dynamics of water management while holding large implications for housing development in Arizona.

Originally Post From https://azmirror.com/2025/01/24/home-builders-sue-over-assured-water-supply-rules-that-hampered-home-building-in-west-valley/

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