A Maricopa County judge won’t pause a lawsuit filed by Attorney General Kris Mayes against Fondomonte, the Saudi Arabian farming company she accused of overpumping groundwater in La Paz County.
Mayes sued Fondomonte in Maricopa County Superior Court in 2024 under Arizona’s public nuisance law, which allows the attorney general to bring cases to block anything considered a threat to public health or at odds with “the comfortable enjoyment of life or property” by the community.
Earlier this year, Fondomonte asked Judge Scott Minder to pause the case after the Arizona Department of Water Resources established a groundwater protection zone, called an active management area, in the Ranegras Plain basin.
Attorneys for the company argued new groundwater protections that come with that designation could resolve the issues in Mayes’ lawsuit.
Minder disagreed.
In an order issued Thursday, Minder acknowledged that the analysis ADWR is conducting in the area will be valuable for the court as it considers the case. But he concluded Mayes’ lawsuit is about more than just groundwater protections.
For instance, she wants the court to force Fondomonte to create an "abatement fund" to reimburse people who have been affected by its groundwater use.
“ADWR will not address all aspects of the State’s complaint or allegations, such as potential damages or the requested abatement fund,” Minder wrote in an order denying Fondomonte’s request for a stay.
Minder also questioned whether ADWR’s work will definitively resolve Mayes’ allegation that Fondomonte is overpumping groundwater, because that analysis will cover the entire basin, not just Fondomonte.
And the judge pointed out that the active management area process started by ADWR in January can take years to complete.
“A complete stay may also serve (to) lengthen this lawsuit,” Minder wrote.
Instead, the judge allowed the case to move forward and said both sides can include analysis produced by ADWR as they make their arguments in court while also tackling the issues not addressed by the department.
Mayes praised the ruling.
“I am grateful for today's ruling, which keeps our lawsuit against Fondomonte on track,” she said in a statement. “My office will keep fighting to protect the people of La Paz County and hold Fondomonte accountable for the public nuisance we allege they have created due to their overuse of groundwater.”
The judge ordered both sides to create a proposed plan for the case moving forward that “considers and incorporates” ADWR’s active management area process for the Ranegras Plain Groundwater Basin into the schedule.
Fondomonte framed that as a victory.
"This is a significant victory for justice. The court understood the need to coordinate any action by the Attorney General’s office with the state effort to create an AMA in the basin. Fondomonte looks forward to working with the Attorney General‘s office to create a timetable to present to the court," according to a statement provided by a spokesman.
-
A state agency acted illegally in imposing what developers are calling a "tax" they have to pay to build in certain areas that don't have regular sources of water, a judge has concluded. -
Among many bills introduced by Democrats at the Arizona Legislature this session that never got a hearing one would have established a groundwater rights buyback program. -
The San Carlos Lake closed on Friday due to a health and safety hazard caused by dead fish. Some activities, like fishing, are prohibited until further notice. -
Colorado’s negotiator, Becky Mitchell, and Nevada’s, John Entsminger, spoke to a crowd of policy experts and answered questions from the audience. -
The application for preliminary permits is Nature and People First's latest proposal for energy development on tribal land. The federal government denied a similar proposal by the company in 2024.
