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Fri Aug 10, 2018, 01:01 PM

Arizona ruling sides with developer in San Pedro River water-use dispute

The Arizona Supreme Court has given the go-ahead to new development in and around Sierra Vista even if it could dry up the San Pedro River or later leaves home buyers with no water.

In a ruling with statewide implications, particularly for rural areas, four of the seven justices concluded Thursday that the Department of Water Resources is required only to consider whether developer Castle & Cooke Inc. and the Pueblo del Sol water company it owns have a 100-year supply of water beneath its land where it plans to construct up to 7,000 homes on 2,000 acres, the legal right to the water, and the financial ability to supply it.

The majority said the state agency need not consider other potential future claims for the same underground water in this case, by the federal Bureau of Land Management or even the possibility that those other claims could end up leaving the development and the people who buy homes there high and, literally, dry.

"Whether the adequate water supply designation process should go further in protecting consumers is a matter for the Legislature, wrote Justice John Lopez for himself and three colleagues. And he said that the way water laws are crafted "demonstrates the Legislature's intent to provide only limited protection to consumers and simultaneously encourage development.

https://tucson.com/news/state-and-regional/arizona-ruling-sides-with-developer-in-san-pedro-river-water/article_1f1c5c38-9bfa-11e8-bf3e-5f10c9f09463.html


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Reply Arizona ruling sides with developer in San Pedro River water-use dispute (Original post)
Ptah Aug 10 OP
ArizonaLib Aug 10 #1
Mosby Aug 10 #2
Kali Aug 11 #3
Kali Aug 11 #4

Response to Ptah (Original post)

Fri Aug 10, 2018, 02:49 PM

1. Time for those rural voters to vote for liberals

They keep getting the wrong kind of love from conservative republicans in this state!

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Response to Ptah (Original post)

Fri Aug 10, 2018, 02:58 PM

2. the san pedro is the last undamed river in the southwest

Millions of migratory songbirds stop at the river on there way to their winter homes in Mexico and SA.

It's an official conservation area, so I don't know how they can do this.

https://www.nature.org/ourinitiatives/regions/northamerica/unitedstates/arizona/placesweprotect/san-pedro-river.xml

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Response to Mosby (Reply #2)

Sat Aug 11, 2018, 09:09 PM

3. Except it has several dams on it.

This claim drives me nuts.

Water laws in AZ are insane. The water rights for the SPRNCA have not been adjudicated yet. When the SPRNCA was formed in 1988, congress mandated federal water rights but the ongoing Gila adjudication is not finished (since the mid to late 70s, this is a multigenerational law suit)

What will likely happen next is the development will get started and then be sued again. (Although Silver is claiming he will take it on to the federal courts)

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Response to Ptah (Original post)

Sat Aug 11, 2018, 09:13 PM

4. Remember the Five Cs?

Climate - all about land speculation and growth. The mindset is still here. And people are still coming. Problem is there is not enough W for everything.

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