MOHAVE COUNTY – A legal appeal of the designation of a groundwater basin north of Kingman as an Irrigation Non-Expansion Area (INA) is heading toward the finish line in Maricopa County Superior Court. Tucson-based appellant attorney Adriane Hofmeyr’s Reply Brief was filed with the Court on June 21.
It was Hofmeyr’s April 15 Opening Brief that kicked off the formal challenge of Arizona Department of Water Resources (ADWR) Director Tom Buschatzke’s Dec., 2022 designation of the Hualapai Valley Groundwater Basin as an INA. The designation generally prohibits use of additional groundwater for expanded agricultural production, based on an assessment and determination that farming operations are depleting the basin.
Hofmeyr’s firm represents Opal Investments, LLC, Utah and Steff Investments, LLC, Nevada, entities that control agricultural property that is now restricted from expansion over the basin.
Lawyers for the ADWR filed their Answering Brief on May 31, asking Judge Scott Blaney to dismiss the appeal for lack of merit. It also argued that the appellants lack standing for failing to appear during the Sept., 2022 informal public hearing three months before Buschatzke’s INA designation Decision and Order.
Hofmeyr’s Reply Brief contends ADWR’s lack of standing assertion is legally flawed in many ways. And it further countered that John Gall represented the agricultural interests anyway when he entered comments on their behalf into the record during the Sept., 2022 hearing.
Hofmeyr’s Reply Brief restates three primary points in support of a Court order that would nullify Buschatzke’s INA designation:
1. The final order’s conclusion that available groundwater is in steep decline is not supported by any data or findings in the record.
2. Designating an INA in reliance on a so-called groundwater deficit was an abuse of discretion.
3. The INA here protects municipal, industrial and domestic users at the expense of agricultural users.
Hofmeyr has requested opportunity to present oral argument. There’s no indication as of yet regarding whether Judge Blaney will allow that, or if he’ll work toward his decision based on what’s already before the Court.
Dave Hawkins
