The San Pedro River post-Monsoon rain. September 14, 2023.
The Buzz for November 22, 2024
For most of its existence, the Arizona law that requires housing developers to identify a 100-year supply of water before building a subdivision was not often talked about.
That began to change shortly into Gov. Katie Hobbs' term, when she called into question the designations given to some west Phoenix housing developments.
The 100-year rule has been in effect for 44 years.
"When we were drafting the 1980 groundwater management act, there were some of us, myself included, who wanted to extend what is called the adequate water supply program, which was an existing law, and make it a permanent requirement in our Active Management Areas," said Kathy Ferris, now of the Kyl Center for Water Policy. "[Before the law] the developer had to show 100 years of water, but he wasn't prevented from selling lots in the subdivision if he was unable to demonstrate 100 years. So the 100 years was just an arbitrary number that was picked decades ago when that law was enacted and we just continued it, we thought, well, 100 sounds good. It's unique in the United States. I don't think there is another state in this country that has this requirement."
Ferris said that new law was not met with much resistance.
"The Groundwater Management Act ultimately was negotiated by the cities, the mining companies and the farms. And developers were not in the room, and really it was the cities and myself who were pushing for the assured water supply requirement. And the farmers liked it. They liked it because they said, if we're going to be limited in bringing new land into cultivation and active management areas. Shouldn't there also be a prohibition on new development that doesn't have an assured water supply? So initially, the reaction was pretty muted, but over time, it became a real hot button."
One place that the rule could become a hot button issue is Sierra Vista. Earlier this month, the Arizona Department of Water Resources notified a water district whose service area includes a subdivision that makes up much of the developable land in the city that its designation was being re-evaluated.
"We haven't been too affected by the 100 year water adequacy as it relates to the growth rate and having the housing available and still having areas that can develop," said city manager Chuck Potucek. "Where it has affected us is primarily with our largest developer, which was Castle and Cooke and the Tribute property that's been embroiled in some litigation that a lot of people are aware of." AZPM reached out to Castle and Cooke Arizona for an interview, but our messages were not returned.
Last year, the company announced its plans to pull out of its Sierra Vista operations, citing market conditions.
That litigation has been a part of the battle by environmentalists to protect the nearby San Pedro River and the national conservation area that surrounds much of it in the U.S. Recent litigation guaranteed that a certain amount of water should flow through the river, calling into question the usage in Sierra Vista and its major economic driver, Ft. Huachuca.
"We're certainly going to be very interested and involved in anything pertaining to the fort. And of course, we have the river here, and then nobody wants to see that, you know, damaged as well. So we kind of have to walk in the middle and try and make sure that everything is satisfied on both ends," said Potucek.
A group that has been on the forefront of fighting for the river is the Center for Biological Diversity. It recently began a campaign of calling 100 year adequate water supply designations into account via letters, including one that asked for a re-evaluation of Pueblo del Sol's designation.
AZPM sought comment from the Arizona Department of Water Resources, but we did not hear back from them.
"The problem we have now is their deficit is about 2 million acre feet," said the center's Robin Silver. "The only thing that's going to work is that we need to drastically cut back on the groundwater pumping, which means downsizing of Fort Huachuca because they're the number one groundwater pumper in the area. Again, that's not new news. The Pentagon has had contingency plans for downsizing Fort Huachuca for decades."
Silver said the river is now more important than ever, as it is a major stopping point for migratory birds.
"If you're a neotropical songbird and you're just thirsty, the Rio Grande is dead, it's struggling. The Gila is dead. The Santa Cruz is dead. The Colorado River is dead. The Verde still has some life in it in the middle. It's at risk from Prescott's pumping. It also doesn't have the value, in terms of international value, where millions of neotropical songbirds are totally dependent on the San Pedro because it's the last bus stop during their migration."
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