Hobbs Takes Action to Shut Down Bad Actor Developers, Protect Groundwater

Phoenix, AZ – In case you missed it, Governor Katie Hobbs took major action this week to secure Arizona’s water future. On Monday, the Arizona Department of Real Estate issued cease-and-desist orders to a developer attempting to skirt water supply laws to make a profit off illegally pumping Arizona groundwater. Then on Wednesday, ADWR took the first steps towards the creation of a Willcox basin AMA. 

Here’s what they’re saying:

Ed Curry, Willcox basin farmer: “This announcement of a potential AMA is a new beginning for the Willcox Basin, and we must continue to work together to move forward to protect our groundwater supplies. I am thankful for the courage of Governor Hobbs and her administration to tackle these issues head on.”

Mike Laws, Mayor of Willcox: "Our community is facing difficult decisions as Arizona moves forward with an Active Management Area for the Willcox Basin. While there are a range of views on the AMA, the urgency of addressing our water challenges cannot be overstated. Governor Hobbs has demonstrated a strong commitment to protecting Arizona’s water resources, and with no legislative solutions in place, the Governor and Arizona Department of Water Resources have acted with the tools available to them.”

Steve Kisiel, Willcox Basin homeowner: “Today’s announcement by ADWR to initiate the AMA designation process gives me hope that we will finally have a secure water future here in the Willcox Basin.”

Mark Jove, WIllcox Basin winegrower: "We support and welcome this step taken towards protecting our water supplies. As a small business vineyard in the Willcox groundwater basin we've experienced firsthand the alarming declines in our local water levels due to decades of unchecked, unlimited groundwater pumping. An AMA designation would finally put us on a path to stabilizing this precious and shared resource to safeguard local growers and business owners."

Cochise Groundwater Stewards: “For years, we’ve pleaded for groundwater management that protects our property, our families, and our economy. Legislators from both parties have introduced workable bills throughout the last five years – none received a hearing. With the Legislature apparently abandoning us in rural Arizona, it’s time for ADWR to designate a new AMA here. Finally, we are being heard.” 

MORE BELOW:

Arizona Republic: AZ regulators issue cease-and-desist for developer they say is building 'wildcat' subdivisions

• State officials allege two limited liability corporations owned by Andrei Polukhtin, 2PHDS and Morning Vista Homes, are building so-called "wildcat" subdivisions via unregulated lot splits in Rio Verde Foothills. That neighborhood made national news last year when it lost its primary water supply.

• Some areas of the state heavily reliant on groundwater, including most of Maricopa County, are designated as active management areas. There, property owners generally must show real estate regulators proof of legal rights to a 100-year supply of water before selling parcels for larger developments.

• The action signals growing interest in upholding water and development requirements by state regulators. Democratic Gov. Katie Hobbs directed the Arizona Department of Real Estate last year to take increased action to prevent wildcat developments from popping up around the state.

KJZZ: Hobbs administration to Rio Verde Foothills developer: Cease and desist amid water concerns

• Arizona Gov. Katie Hobbs’ administration says it has sent a cease and desist letter to a developer trying to get around water regulations in the unincorporated community of Rio Verde Foothills.

• Hundreds of homes in Rio Verde Foothills were cut off from their water supply in 2023 due to drought restrictions in neighboring Scottsdale. The state Legislature had to step in to negotiate a temporary fix for the community.

• Hobbs said she still wants the legislature to take action to close the wildcat subdivision loophole.

Arizona Daily Star: Arizona takes major step toward regulating groundwater pumping in Willcox area

• The Arizona Department of Water Resources said Wednesday it’s taking the first steps to usher in groundwater pumping regulation in the Willcox Basin, whose aquifer has dramatically declined due to unregulated pumping by farmers.

• A group calling itself Cochise Water Stewards said Wednesday that “enough is enough” after a decade-long wait for solutions to Willcox’s collapsing aquifer.

• Vance Williams, a resident of the Sunizona area southeast of Willcox, said, “I am grateful that ADWR has finally decided to take the first step toward establishing an AMA to protect the groundwater in the Willcox basin. I just wish it had happened sooner as my well in Sunizona went dry in 2020 and I have heard from many other neighbors across the basin whose wells have gone dry.”

• “The AMA will stop any new large agricultural operations from moving into our area while also putting a halt to expansion of existing irrigation,” Williams said. “I am hopeful that the AMA will also reduce current pumping levels, a necessary step needed to save our aquifer. Thank you to Governor Hobbs and her staff for working to protect the groundwater in the Willcox Basin.”

Arizona Agenda: Hobbs makes her move

• Yesterday morning, group chats and inboxes were buzzing in Southeast Arizona: Gov. Katie Hobbs and the Arizona Department of Water Resources have begun the process of designating the Willcox Basin as an “Active Management Area,” which will limit groundwater pumping in the area.

• And it would be a historical milestone as the first state-initiated “subsequent AMA” in Arizona, highlighting Hobbs’ role as the first governor to push the ADWR to take rural groundwater management seriously.

• Besides being a strong political move by Hobbs, an AMA designation will “stop the bleeding” in the Willcox Basin while the Legislature continues its policy battles.

• And now that Hobbs has proven willing to put AMAs in place, legislative stalemate tactics will no longer be an option for her policy opponents. They’ll have to come up with statutory amendments or AMA alternatives that actually pass through the Legislature and survive Hobbs’ veto pen.