MOHAVE COUNTY — A Maricopa County Superior Court Judge has struck down the mechanism employed to check consumption associated with increasing acreage of agriculture production over the supply challenged Hualapai Valley Groundwater Basin in Mohave County.
Judge Scott A. Blaney on Jan. 9 ruled in favor of plaintiffs Opal Investments LLC and Steff Investments LLC, and against the Arizona Department of Water Resources (ADWR) in litigation filed in April, 2024.
“It is ordered granting Appellants’ appeal of ADWR’s December 19, 2022 Final Order designating the Hualapai Valley Groundwater Basin in Mohave County as an Irrigation Non-Expansion Area (INA)”, Blaney wrote. “The final order is vacated.”
Mohave County and the City of Kingman strongly support the INA, and its restrictions, to save the basin from a farming boom they believe will deplete the basin, the City’s primary water source.
While the battle leading up to the INA designation largely involved argument about how much water is in the basin and level of depletion threat posed by farming, the Court’s decision is focused on flawed procedure and has nothing to do with the merits of the water supply debate.
“The court order was a ruling about process, not a rejection of the facts on the ground or the ongoing need to protect groundwater in the Hualapai Valley Groundwater Basin,” said Mohave County Board of Supervisor Chairman Travis Lingenfelter, a leading proponent of the INA.
“I am pleased that the Honorable Judge Scott A. Blaney issued the finding that ADWR failed to comply with mandatory state laws when issuing its Final Order,” said John Gall, consultant for the plaintiffs. “The Court declared the INA designation invalid because ADWR did not follow the rulemaking procedures required by the Arizona Administrative Procedure Act.”
Gall hopes the decision provides farmers the freedom they need to expand production if they wish.
“The ruling vacates the 2022 Final Order that had prohibited the irrigation of acreage not recently irrigated, effectively restoring the property rights of landowners who had been barred from developing their land for agricultural purposes,” Gall said. “This decision effectively allows them to use their property for its original intended purpose.”
“The City of Kingman is very disappointed by the Superior Court’s ruling overturning the Hualapai Valley Irrigation Non-Expansion Area (INA) designation,” said City Manager Tim Walsh. “We will be working with ADWR, the County and our legal team to determine our next steps in protecting Kingman’s water supply.”
Lingenfelter is on the same page.
“Mohave County will carefully review the order in coordination with legal counsel and the State of Arizona. We will work with ADWR and City of Kingman regarding next legal steps.”
Lingenfelter said options include an appeal or pursuit of a stay.
Gall said it’s important to note that the Court indicated merit-related concerns beyond the process flaws that are the fulcrum of the ruling.
“The absence of sufficient support for the ADWR’s Final Order is concerning as it appears to lack (1) an explanation as to why an AMA was not necessary; (2) an explanation of why ADWR is only limiting irrigation to address its stated concerns about water availability; (3) an explanation of some supporting data for the finding of ‘steep declines'”; (4) an explanation of the model inputs or analysis of the data; and (5) any response or explanation regarding comments in opposition of the designation,” Judge Blaney’s order stated.
