Legal Battle Over Groundwater Usage Intensifies in Arizona
In a legal showdown that could reshape water rights and usage in Arizona, local farms and municipalities are seeking judicial intervention to challenge Attorney General Kris Mayes’ lawsuit against a Saudi Arabian-owned agricultural company. The case centers on the company’s use of groundwater for farming operations, which Mayes argues constitutes a public nuisance.
For over ten years, Fondomonte has been cultivating alfalfa in Arizona, utilizing groundwater resources to sustain its cattle feed operations. Last December, Mayes initiated legal proceedings in Maricopa County Superior Court, asserting that the company’s groundwater extraction practices violate public nuisance laws. A coalition, including the Arizona Farm and Ranch Group and the Arizona Cattle Feeders Association, is eager to join the lawsuit, fearing potential ramifications on their water usage rights.
Attorney Bradley Pew, representing the stakeholders, conveyed the broader implications of the case to Judge Scott Minder. “The court should consider the political and practical realities of this case. It’s an open attempt to change Arizona law with respect to groundwater and other cases are going to be filed if this case is successful. And it’s not just the AG we’re concerned about, it’s others that might bring private nuisance claims or public nuisance claims,” Pew argued.
Mayes has criticized the Republican-controlled state Legislature for not implementing stricter groundwater regulations. In a recent interview, she stated, “I find it utterly stunning and irresponsible that the legislature left that building without doing anything really significant on rural groundwater, and it’s why these lawsuits that we’re doing are necessary.”
Meanwhile, Pew contends that the legislative domain is the appropriate arena for addressing groundwater management issues. He remarked, “The Arizona attorney general brought this lawsuit because it perceived a legislative failure in how the Groundwater Management Act regulates rural groundwater use. That should be a legislative debate, not a judicial debate.”
In court discussions, Mayes’ representative, Clinten Garrett, emphasized that the case is a singular issue concerning Fondomonte and does not bear legal consequences for other parties wishing to participate. Garrett stated, “If you’re concerned about precedent; you have a generalized interest. You’re not trying to protect or defend against the direct legal effect from the case that you’re intervening in.”
Briana Campbell, the attorney for Fondomonte, supports the coalition’s involvement, warning of broader implications. “If Fondomonte acting within the law can be held as a public nuisance, and by the state of Arizona through the usurping of the legislature, then so can every other farmer in Arizona,” she asserted.
Judge Minder is expected to deliver a decision on the matter shortly, as the issue remains under advisement.
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