Saudi-Arabian farming company Fondomonte wants a judge to pause a lawsuit against it, arguing new groundwater protections could resolve the issues in the case. Arizona Attorney General Kris Mayes disagrees.
Mayes is suing Fondomonte under Arizona’s public nuisance law, arguing that excessive groundwater pumping has damaged the surrounding community in the Ranegras Plain basin.
She brought the case against Fondomonte in 2024. But last year, the state Department of Water Resources established a groundwater protection zone in the same groundwater basin, called an Active Management Area.
Fondomonte argues that’s a good enough reason to stop Mayes’ lawsuit.
The company told Maricopa County Superior Court Judge Scott Minder on Wednesday that the issues Mayes is suing them for could be resolved by ADWR’s actions and if Minder rules too soon, his order could conflict with ADWR’s actions.
Fondomonte intends to apply for something called grandfathered irrigated groundwater rights in the Ranegras Plain Basin. That means they’ll ask to continue pumping groundwater for the same purpose as they have been for several years.
The company argued ADWR’s evaluation of their application for groundwater rights is the proper forum for regulating their groundwater.
However, attorneys for Mayes said that’s not true.
They argued ADWR doesn’t really have a way to limit Fondomonte’s water use, which is what needs to happen. Instead, Mayes’ attorneys argued ADWR will only monitor the company’s water use and keep its usage capped at existing levels.
A spokesperson for ADWR said they’re “steering clear” of the case and declined to comment.
Minder is considering the matter now.
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