Attorney general seeking evidence of groundwater overpumping in rural Arizona, may sue
WENDEN — Attorney General Kris Mayes told La Paz County residents she’s considering a lawsuit to stop corporate farms from overpumping groundwater there and in Cochise County.
Her investigators are seeking examples of harm such as dry wells, cracked foundations and dust on which to build a possible case using the state’s nuisance laws, she said Thursday. She outlined her plans to 150 or so people gathered at a town hall meeting in a combination community center and library 100 miles west of Phoenix. She also urged residents to push state lawmakers to enact legislation to protect rural Arizona’s largely unregulated groundwater.
Arizona’s existing water law leaves most rural parts of the state unshielded from unlimited and unreported pumping, which has allowed corporate dairies, nut companies and alfalfa growers to tap and accelerate depletion of aquifers that support counties including La Paz and Cochise. But state law enables legal action against activities that harm neighbors, Mayes said.
“Arizona is an easy target because we made it easy for them,” Mayes said. “Except that I don’t think nuisance law allows it.”
La Paz County in western Arizona has been the site of some of the state’s most high-profile groundwater politics. It’s where Middle Eastern farm interests have sunk wells to grow and ship alfalfa for dairies in their home countries, and where Gov. Katie Hobbs canceled some state leases enabling such projects. In southeastern Arizona, Cochise County is home to a growing dairy industry that is drawing down the aquifer around Willcox.
While state water law allows deep wells that drain an aquifer, Mayes found a template for action in her office’s filing for an injunction against a proposed Chino Valley aggregate mine last year. That action relied on state law enabling lawsuits against public nuisances, such as the dust and