Maricopa County Superior Court Judge Scott Blaney recently sided with the Home Builders Association of Central Arizona, effectively striking down an Arizona Department of Water Resources rule regarding groundwater.
The rule required developers to prove there is a greater supply of groundwater than that required by state law to begin building homes.
HBACA filed a lawsuit and argued the rule serves as an undue “water tax” and is beyond the ADWR’s authority.
Developers must receive a certificate from ADWR that confirms a subdivision has its 100-year supply of groundwater before commencing construction.
Blaney had previously ruled against ADWR in another HBACA case that challenged the Department’s decision to restrict approving new Certificates of Assured Water Supply in parts of metro Phoenix.
The ruling asserted ADWR violated the Administrative Procedures Act in establishing that policy. ADWR filed a motion to reconsider earlier this month. (Source: State Affairs)