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Lawmakers bicker with Hobbs over groundwater supply

Key Points 
  • Republican lawmakers say they don’t know how much groundwater Arizona has
  • The governor and Department of Water Resources disagree with that assertion
  • Water policy experts worry about recent attacks on ADWR and its data collection

How much groundwater does Arizona have? The answer you get could depend on who you ask.

Lawmakers, stakeholders and water advocates are beginning to squabble over how much groundwater remains in the state and are already unable to agree on how to replenish or protect it.

In recent months, Republican lawmakers and conservative groups have resisted claims from Gov. Katie Hobbs and the Arizona Department of Water Resources about the state’s groundwater supply. In December, three Republicans in the Legislature sent a letter to ADWR asking simply, “how much water do we have?”

In a press release sent in March after ADWR responded to the Legislature’s letter, Rep. Gail Griffin, R-Hereford, said the response was not comprehensive enough and argued that “lawmakers are not receiving a clear picture” of groundwater in rural basins. Griffin, who represents a largely rural district in the state, said the response was not comprehensive enough.

“What good is a water budget if we don’t know how much is in our bank account?” Griffin said in a statement released in March. A spokesperson for the Arizona House Republican caucus did not respond to a request for comment on Griffin’s behalf. 

The Goldwater Institute and the Home Builders Association of Central Arizona went so far as to accuse Hobbs and ADWR of manufacturing a crisis, saying the Hobbs administration’s water policy agenda is predicated on a “deeply inaccurate and flawed claim that Arizona is running out of water.”

The two entities filed lawsuits against ADWR earlier this year, arguing that the department’s rules regarding assured water supplies for residential developments were implemented illegally and are contributing to the housing shortage in the Phoenix area. 

Hobbs and ADWR have firmly denied the claims made by Goldwater and the HBACA and also disagree with the recent characterization of the state’s water situation by lawmakers like Griffin.

“We have hydrogeological experts at ADWR that are doing this work, and I don’t see any of those experts in the Legislature,” Hobbs said during a press conference on April 22. 

One water policy expert says bickering over the state’s water supply does not change the fact that it is being used up faster than it can be replenished.

“The question really isn’t, are we running out of groundwater? I think the question is, are we protecting this finite resource for a sustainable future?” said Kathleen Ferris, one of the architects of the 1980 Groundwater Management Act and a former ADWR director.

Ferris said determining groundwater levels requires money, time and staffing which ADWR has not always been well equipped to provide.

“If people think that they need more data from the department then they need to fund the department so that the department has the staff in order to develop that data,” Ferris said. 

In January, Hobbs announced that ADWR would receive $5.5 million in federal funds for hydrogeologic studies that would help the state better understand its groundwater situation. Griffin introduced a bill this session to require the department to provide more data in its periodic supply-and-demand assessments of each groundwater basin in the state but did not attach a funding mechanism to the legislation.

Hobbs vetoed the bill on April 18, calling it and other groundwater bills from Griffin “political cover” for the Legislature’s failure to take meaningful action on rural water usage. 

“We are currently negotiating an alternative framework for rural groundwater management, and I will not entertain any rural groundwater legislation that is outside the context of those negotiations,” Hobbs wrote in her veto letter. 

She told reporters at a press conference on April 22 that she is looking for comprehensive legislation similar to the original Groundwater Management Act, which took three years to negotiate.

“The bills that I vetoed … didn’t do anything meaningful,” Hobbs said. “They weren’t going to solve the problems of homeowners or farmers in Wilcox. And we’re committed to staying at the table. We’re in year two. Let’s continue to work to get it done.” 

With groundwater conversations already fractious and often unproductive, Ferris said she is worried that disputes over the details could derail much needed reform efforts.

“I haven’t seen this kind of attack historically on the Department of Water Resources, both by the home builders and the Goldwater Institute, (and) by the Republican leadership and the House of Representatives,” Ferris said. “To me, that is so discouraging. The department was established in 1980 with the Groundwater Management Act and it is our technical expert on groundwater and we need to respect that and not turn it into a political football.”

House approves bill to require wildfire prevention plans from Arizona utility companies

Utility providers may soon be required to produce wildfire prevention plans after House approval of HB2201 on Feb. 25. 

The bill, which initially failed to pass over concerns that it went too far to protect power providers from wildfire liability, was approved on its second vote in the chamber, 35-25. 

The bill, if approved by the Senate, would require power entities and electric utilities to prepare wildfire mitigation plans to proactively prevent wildfires and decrease any damages that may occur from a fire. Those new strategies include inspection procedures for wildfire risks, procedures for de-energizing power lines, community outreach and public awareness efforts, and new steps on how power companies will monitor compliance with their plans. 

Rep. Gail Griffin

“If the electric company, power company is at fault, they are liable,” said the bill’s sponsor Rep. Gail Griffin, R-Hereford. “It helps save lives, and properties and ratepayers.”

The bill is a response to the devastating wildfires in Southern California that destroyed thousands of structures and tens of thousands of acres of land in Los Angeles County. 

Many lawmakers originally opposed the bill during its first vote on the House floor on Feb. 18.

That vote occurred before Rep. Neal Carter, R-San Tan Valley, amended the bill to remove a provision that would have prohibited a class action lawsuit from being filed for a cause of action against power providers related to a wildfire. Carter’s amendment also removed language from the measure that initially proposed removing the ability to assign any fault to a provider for their decision to de-energize or not de-energize an electric grid.

Carter said attorneys in California often sue power companies after a wildfire and claim negligence from the company to receive large sums of money in property damage or injury compensation. That procedure, Carter claimed, is too unwieldy for Arizona.

“It drives up rates for the people who purchase power,” Carter said of the civil lawsuits. “It also creates power companies who are gun-shy about leaving the power on when there’s high winds for example, so they shut it off.”

The new HB2201 is an attempt by lawmakers to protect both power companies and consumers by keeping the electric grid energized. 

The bill also raises the burden of proof to clear and convincing evidence for a plaintiff to prevail in a civil lawsuit against a power company, which is a higher standard of proof than the preponderance of evidence standard used in most civil cases, but not quite as rigorous as the beyond a reasonable doubt standard used in criminal proceedings. 

“It means you have to provide evidence that the power company was at fault,” Carter said. “Why should we have California-style energy driving our energy policy here?”

Several members of the Arizona Freedom Caucus voted against the bill, including Rep. Alexander Kolodin, R-Scottsdale, who said he doesn’t believe the bill has functionally changed from when House members first voted against the measure. 

Kolodin offered an amendment on Monday which proposed removing the clear and convincing evidentiary standard. The amendment failed 28-29 after Griffin called it “hostile” and brought it to the floor without Kolodin first discussing it with her.

“I can’t support this bill without the Kolodin amendment,” said Rep. Justin Olson, R-Mesa. Olson is the only member of the legislature who has served on the Arizona Corporation Commission, the governing entity that regulates public utilities across the state. 

Still, the requirement of proactive plans from utility companies prompted support for HB2201 from Democrats interested in bolstering Arizona’s wildfire prevention and response capabilities.

Power providers would be required to submit their plans to the Corporation Commission for review by May 1, 2026, if the bill is signed. Following that date, plans must be submitted every even-numbered year.

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