Arizona Conservation Group Challenges Housing Development Over Water Concerns

Arizona Conservation Group Challenges Housing Development Over Water Concerns

Lawsuit Filed Against State Water Director

PHOENIX — An Arizona conservation group has filed a lawsuit against the state’s top water official, arguing that a massive housing project in Cochise County threatens already limited groundwater supplies.

The Center for Biological Diversity sued Arizona Department of Water Resources (ADWR) Director Tom Buschatzke on Aug. 4. The complaint focuses on the Village of Vigneto, a planned 28,000-home community in Benson that would cover 13,000 acres and include a golf course.

The group says Benson lacks the water required under state law for such a development.

Water Supply Requirements at Issue

Arizona law requires a 100-year water supply for a Designation of Adequate Water Supply. The lawsuit asks the court to force ADWR to reevaluate Benson’s designation and decide whether it should be modified or revoked.

The group argues ADWR relied on a designation dating back to 2008. “The law says that they need to reevaluate these designations once there’s new information available or after 15 years have passed. Well, in Benson’s case both those things have happened,” said Robin Silver, senior conservation advocate with the Center for Biological Diversity.

Plans for an aluminum processing plant by Aluminum Dynamics have raised further concerns. “There’s not enough water to develop a 28,000-home development in that area, much less an aluminum processing plant,” Silver said.

Potential Impact on San Pedro River

Beyond Benson, the lawsuit highlights possible damage to the San Pedro River, the last free-flowing river in the desert Southwest. Hydrological studies show a link between Benson’s groundwater pumping and the river’s health.

The river supports the 57,000-acre San Pedro Riparian National Conservation Area, created by Congress in 1988 to protect one of North America’s most important bird migration corridors. The area is managed by the Bureau of Land Management.

“There’s multiple hydrological studies that show connection between their groundwater pumping and damage to the San Pedro River,” Silver said. If the San Pedro River is sucked dry due to overpumping, the songbirds in Phoenix might disappear with it.

While Buschatzke is the defendant, the group says its concerns extend to Gov. Katie Hobbs. ADWR operates under the governor’s direction, and Hobbs has recently established Active Management Area protections for Willcox, but not for nearby Benson.

Buschatzke declined to comment on the ongoing litigation.

The case could shape how Arizona manages water for future development at a time when population growth and industrial projects are putting new pressure on the state’s finite supply.