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Republican lawmakers target 'illegal' Arizona executive water rule changes

Water in tarp with dirt
Chelsey Heath/KJZZ
Water storage on an Arizona farm in 2024.

Arizona Republicans passed a resolution Wednesday asserting that they believe executive rule changes on water requirements for development are illegal.

The state water agency recently adopted changes to allow development in the Phoenix and Pinal metro areas, where groundwater is depleted.

The new rules require providers to offset groundwater pumping and incorporate new water sources.

The Republicans oppose the rules, which they say are expensive and should have gone through the Legislature.

“It hurts the people. The people that we represent and we aren’t even being considered here just going around the legislature,” outgoing Sen. Sine Kerr (R-Buckeye) said.

The resolution the GOP lawmakers adopted doesn’t stop the rules, which are already in effect.

Their comments ran along the same lines of those they made at a committee hearing last month, but unlike that hearing, the meeting Wednesday was all Republicans and no Democrats. In November, Democrats pushed back and argued on behalf of the merits of the rule change to both allow development and protect water.

Calli Jones, communications director for Arizona Senate Democrats, said that the Democrats weren’t protesting the hearing, just that they couldn’t attend because of a scheduling conflict.

Many opponents of the rules have suggested that this should go to court.

After the hearing, committee Co-chair Gail Griffin (R-Hereford) declined to comment on the possibility of a lawsuit or the possibility of the Legislature taking other action, and then descended into a tunnel which reporters don’t have access to.

Homebuilders Association of Central Arizona lobbyist Spencer Kamps said these rules changes will result in more expensive houses, because the developers will have to pay more for water.

“If I sound alarmist, it’s because I am. I’m here to sound the alarm that we are headed to California home prices if we don’t prioritize housing,” Kamps told the lawmakers.

The GOP lawmakers reiterated their concerns that the offset requirement - which is 25% - is too high, and not founded on a legitimate economic study.

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Camryn Sanchez is a field correspondent at KJZZ covering everything to do with state politics.