PHOENIX (AP) 鈥� Arizona Attorney General Kris Mayes announced Wednesday she's suing a for allegedly violating a public nuisance law, contending that its groundwater pumping threatens the public health, safety and infrastructure of local communities in a rural western county.
The complaint filed in Maricopa County Superior Court alleges that the pumping at a Fondomonte Arizona, LLC. alfalfa farm has had widespread effects in the Ranegras Plain Basin of La Paz County, harming everyone who depends on basin water by drawing down supplies, drying up wells and causing the ground to crack and sink in some areas.
The lawsuit is the latest action by Arizona against foreign companies that use huge amounts of groundwater to grow thirsty forage crops for export because of climate challenges in other countries. Rural Arizona is especially attractive to international businesses because it has no groundwater pumping regulations.
The lawsuit alleges that since 2014, Fondomonte has extracted huge amounts of water that accelerated depletion of the basin鈥檚 aquifer. The company is a subsidiary of Saudi dairy giant Almarai Co.
鈥淲e find the allegations of the Attorney General totally unfounded, and we will defend any potential action against Fondomonte and our rights vigorously before the competent authorities,鈥� Fondomonte said in a statement Wednesday.
鈥淭he company has invested significantly to bring the latest conservation technology and applies environmentally sustainable practices on these long-established farms,鈥� it said. 鈥淔ondomonte has continued to develop responsibly during its time farming in the state and the company complies with all state regulations. 鈥�
across the West, particularly in states like Arizona, which relies heavily on the dwindling Colorado River. The drought has also made groundwater 鈥� long used by farmers and rural residents without restriction 鈥� even more important for users across the state.
鈥淧rotection of Arizona鈥檚 precious groundwater is certainly important, but this lawsuit could open a can of worms,鈥� said Kathryn Sorensen, director of the Kyl Center for Water Policy at Arizona State University. 鈥淣early every farm, city, mine, tribe, and power company in the state relies on groundwater.鈥�
Water attorneys said they did not feel qualified to address the legal theory of public nuisance but emphasized the lack of regulation of groundwater pumping in rural Arizona.
Kathleen Ferris, an attorney and Arizona water policy expert who directed the study that led to the current law overseeing the state鈥檚 groundwater management, said rural groundwater use in the state 鈥渋s 鈥済overned by the rule of reasonable use.鈥�
鈥淎nyone may drill a well and pump groundwater as long as the use of the groundwater is reasonable,鈥� said Ferris, a senior research fellow at the Kyl Center. 鈥淯nfortunately, no use of groundwater has been determined by the courts to be 鈥榰nreasonable.鈥� It鈥檚 basically a rule that benefits the biggest landowners with the deepest wells.鈥欌��
Mayes told reporters Wednesday that the Arizona Legislature has done nothing to fix the groundwater problem despite knowing about the problem for years.
鈥淲hile laws regulating groundwater pumping could have prevented this situation, the legislature鈥檚 inaction has allowed the crisis to grow,鈥� Mayes said. 鈥淲hen the legislature fails to protect our most basic resources, the attorney general must step in.鈥�
La Paz County Supervisor Holly Irwin, a Republican, commended Mayes, a Democrat, for attempting to address what she described as her community鈥檚 鈥渕ost challenging鈥� concern.
鈥淚 know that my constituents will be thrilled over this, that somebody is actually paying attention to the real problems here,鈥� Irwin said during Wednesday鈥檚 news briefing via a video conference call.
Mayes' lawsuit alleges that Fondomonte's actions are a public nuisance under a state statute that prohibits activity that injures health, obstructs property use, or interferes with the comfortable enjoyment of life or property by a community.
Mayes called the company鈥檚 groundwater pumping 鈥渦nsustainable鈥� and said it caused 鈥渄evastating consequences鈥� for people in the area.
鈥淎rizona law is clear: no company has the right to endanger an entire community鈥檚 health and safety for its own gain,鈥� she said.
The lawsuit seeks to enjoin the company from further groundwater pumping it says is 鈥渆xcessive鈥� and require that an abatement fund be established to cover the costs of damages caused by the company.
Mayes said the dollar figure hasn't been determined but it will be established through the course of litigation.
Arizona officials have been targeting Fondomonte for more than a year over its use of groundwater to grow forage crops, by not renewing or canceling the company's leases in in western Arizona. Some residents there had complained that the company鈥檚 pumping was threatening their wells.
___
Gabriel Sandoval is a corps member for the Associated Press/Report for America Statehouse News Initiative. is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
Gabriel Sandoval And Anita Snow, The Associated Press
