Lawsuit Threatens Water Security for Current and Future Homeowners

Everything we enjoy in the Phoenix metropolitan region, from vibrant communities to our thriving economy, is built on the assurance that residents and businesses have access to clean, reliable water in the desert—today, tomorrow, and well into the future. However, the Goldwater Institute is attempting to sabotage our water security by challenging the Arizona Department of Water Resources’ (ADWR) authority to protect homeowners in central and southern Arizona.

The foundation of our water security is the Assured Water Supply Program, which requires demonstrating a 100-year water supply before any new housing can be built. Instead of relying solely on finite, declining groundwater, the ten AMWUA communities and other water providers have invested billions in renewable water resources and infrastructure over the past 40 years to meet this requirement. As a result, the Phoenix Valley has become home for millions to live, work, and play.  

Despite thorough planning, significant investments, and prudent water management, Arizona’s water security is facing converging challenges. The Colorado River has been in a deep drought for over two decades. Current efforts have proven insufficient to stabilize the system, and further reductions to our Colorado River water are expected when the federal government implements new cuts after 2026. Hydrologic modeling shows that the Phoenix- and Pinal-area aquifers are stressed and unable to support additional new groundwater pumping without risking current commitments to existing residents.  

On top of these serious challenges, it is troubling and puzzling that the Goldwater Institute filed a lawsuit to compromise the very foundation of Arizona’s success, including that of their client, the Homebuilders Association of Central Arizona and its members. Contrary to the principle of law and good management, at the heart of this lawsuit is the assertion that ADWR should not consider whether pumping for new subdivisions harms groundwater that has already been committed to neighboring homeowners and communities over the next 100 years. Simply put, this lawsuit seeks to undo the water security for current homeowners so new homes can be built without meaningful assurances those new homes will have reliable water in the decades to come.  

ADWR has been protecting housing and our water supplies based on the concerns being challenged by the Goldwater Institute since 2017 under the Ducey administration. Now, eight years later, the Goldwater Institute has suddenly chosen to challenge ADWR’s authority, while the Arizona state legislature and stakeholders throughout Arizona are promoting new policy tools for the responsible development of housing. The Goldwater Institute should be a partner in this process rather than create a needless obstacle. 

Workers, entrepreneurs, small business owners, major companies, and industries have the confidence to invest in Arizona because its growing cities have proven they have the water necessary to prosper and make Arizona their home. Our water security is why high-tech industries, manufacturing, defense, financial services, health care, higher education institutions, large mom-and-pop businesses, and homebuilding in central and southern Arizona generated more than $446 billion in Real Gross Domestic Product (GDP) in 2023. That’s over 85% of Arizona’s total GDP.  

Instead of undermining our water security with an all-or-nothing lawsuit driven by short-term profits for a few, we should prioritize stewardship to ensure our communities can thrive for generations to come. Now is the time for State, municipal, and business leaders to work together to preserve our long-term water security. We must prioritize developing and investing in new water supplies and implementing policies that strengthen the sustainability of our finite groundwater. Unfortunately, the Goldwater Institute lawsuit will divert time, money, and energy from accomplishing what is desperately needed. It also presents an opportunity to stand firm against those who want to jeopardize our water security. 

ADWR’s Director made a strong argument about the seriousness of the Goldwater Institute lawsuit, which can be found HERE . 

ADWR’s Chief Legal Counsel explains the importance of Arizona’s 100-year Assured Water Supply Program, which can be found HERE.