The Maricopa County Superior Court ruled on Monday that the Arizona Department of Water Resources (ADWR) will face final judgment for violating the law to establish water supply rules.
The superior court ruled against ADWR back in April. The Home Builders Association of Central Arizona (HBACA), who sued ADWR, has requested the court invalidate and enjoin the challenged rules by ADWR and award any further relief the court determines to be just and equitable.
ADWR’s assured water supply rules caused a housing moratorium for developers, prompting HBACA to challenge its rulemaking authority in court.
Prior to the Hobbs administration, state law required developers to prove 100 years of assured water supply for their developments before beginning construction. ADWR, under the Hobbs administration, expanded that requirement to require developers to prove 100 years of assured water supply for the water management area surrounding their developments.
The Goldwater Institute represented HBACA in this case. The organization said at the start of the case early last year that the rules defied logic as well as the law, and exacerbated the state’s housing crisis.
“Arizona law is clear: major policies like the ‘unmet demand’ rule require formal rulemaking and legislative approval,” stated the Goldwater Institute. “Lawmaking is the job of elected representatives — not unelected bureaucrats.”
Judge Scott Blaney, the Maricopa County Superior Court judge in this case, ruled that ADWR had not only violated the law but effectively attempted to rewrite it to suit the Hobbs administration’s preferred water usage agenda.
“The Legislature created two paths to establish an assured water supply to develop a subdivision: obtain a certificate; or obtain a designation,” said Blaney. “Through the implementation of its moratorium and its nearly simultaneous promulgation of a rule that demands more water than the statute requires, ADWR has in effect attempted to rewrite the governing statute at the agency level.”
Despite losing in court, ADWR recently requested that its rules not be invalidated and enjoined.
Blaney stated in Monday’s ruling that ADWR has failed to establish good cause for withholding enforcement against them, and that to allow the water rules to continue to exist would be allowing ADWR to continue violating the law.
Blaney said the rules concerning assured water supply would return to what they were before the Hobbs administration.
“Defendant’s concerns are not consistent with the facts — the Court’s April 21, 2026 ruling on Plaintiff’s claims merely returns the parties to the status quo ante,” said Blaney.
AZ Free Newsreported earlier this month that the Hobbs administration awarded the outside counsel contract for this case to Coppersmith Brockelman PLC, a law firm with close ties to the governor, earlier this year. The contract listed an initial estimated cost of up to $600,000.
As reported, the administration justified competition in this contract as impracticable because ADWR’s in-house attorneys were reportedly busy with other litigation and Hobbs’ policy priorities.
The administration previously awarded the firm another outside counsel contract concerning groundwater rules and regulations. That contract quoted an estimated cost of $120,000 per year.
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Arizona voters who have yet to receive their mail-in ballots are being encouraged to vote early in person instead.
Some voters who requested early ballots have reported not receiving them, namely in Maricopa County where approximately 1.9 million ballots were mailed out. The county has more than 2.5 million registered voters, which makes up more than half of the state’s more than 4.3 million voters.
Early ballots for in-state voters were mailed out on October 7, the same day that early voting began. Uniformed and overseas voters were mailed their ballots on September 18.
The deadline to request a replacement ballot is Friday, October 23. Voters may request a replacement ballot by contacting their county recorder’s office. Election officials recommend mailing early ballots back by October 27 at the latest.
Arizona Republican Party Chair Sergio Arellano said it will turn out better for those voters without their mail ballots if they act proactively by voting early and in person, rather than waiting for a ballot that may not come or turning up on Election Day and hoping there won’t be another problem with their ballot.
Arellano reported that their party received “numerous reports” of voters still missing their ballots as of Sunday.
“Voting in person allows election officials to address your outstanding early ballot and verify your identity so you can cast your vote on the spot, provided you meet the applicable identification requirements,” said Arellano.
Those who choose to vote in person should be prepared to announce their name and place of residence, and bring with them a valid ID. Voting locations may be found on county recorder websites.
Valid ID is categorized into three lists.
List 1: Voters may use one form of the following ID types to vote: valid Arizona driver license; valid Arizona non-operating identification card; tribal enrollment card or other form of tribal ID; or valid U.S. federal, state, or local government-issued ID.
IDs for federally recognized tribal members aren’t required to have an address or photo in order to cast a provisional ballot.
List 2: Or, voters may use two different forms of the following ID types to vote: utility bill for electric, gas, water, solid waste, sewer, telephone, cellular phone, or cable TV dated within 90 days of the election date; bank or credit union statement dated within 90 days of the election date; valid Arizona vehicle registration; Indian census card; property tax statement for residence; tribal enrollment card or other form of tribal ID; Arizona vehicle registration card; recorder’s certificate; valid U.S. federal, state, or local government-issued ID including a voter registration card issued by the county recorder; any mailing marked “Official Election Material.”
List 3: Or, voters may pair any List 1 valid photo ID in which the address doesn’t reasonably match the precinct register with a List 2 non-photo ID in which the address does reasonably match the precinct register. Voters may also pair any U.S. passport without an address and one List 2 item, or a military ID without an address with one List 2 item.
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Maricopa County is transitioning dozens of election sites while early voting is underway.
The Board of Supervisors and Recorder entered an agreement to transition 46 election sites from the recorder’s office to the board by Election Day on November 3.
BOS Elections Dept presentation on 2026 general election “Transition Plan”
The leadership teams from Recorder’s Office & Board of Supervisors agreed to Vacate the lawsuit rulings.
46 election sites will be transitioning from Recorder’s Office to BOS by Nov 3rd Election Day. pic.twitter.com/o6vCZTsAeP
— Thomas Galvin: Maricopa County Brd of Supervisors (@ThomasGalvin) October 19, 2026
The board discussed the transfer during its informal meeting on Monday. It is the outcome of a settlement agreement between the county recorder and board to vacate court rulings in the former’s lawsuit against the latter over election roles and responsibilities.
The 46 voting locations will be transitioned from early voting to emergency voting sites. The county aims to accomplish each site transition within 45 to 90 minutes.
Scott Jarrett, director of elections for the county, said during Monday’s meeting that he was “very confident” that the county would experience a “smooth transition.”
Under the agreement, Jarrett said, the board and recorder won’t share election equipment. Jarrett said the transition of equipment and sites reflected best practices for chain of custody and security.
“The reason why we’re doing this is, not only was it part of the settlement agreement, but this is a principle that is established in business practices, in government,” said Jarrett. “So that’s one of the main reasons why we’re not sharing this equipment: it’s to adhere to the [principle of] least privilege[.]”
Ballot-on-demand printers, check-in stations, and corresponding cabling will be swapped upon transition. Only non-technical equipment will stay, like voting booths, signage, and tables.
Taylor Kinnerup, communications personnel for Supervisor Thomas Galvin, posted a statement claiming that this refusal to share was because the transfer of site equipment was required.
The language of the agreement doesn’t include a requirement for transition and even supports shared equipment, as noted by Merissa Caldwell, EZAZ chairwoman. The agreement does state that the board was required to give the recorder ownership of early voting equipment, and that the board handles the procurement, deployment, and control of equipment and supplies.
The agreement also allowed for the board and recorder’s office to purchase early voting site equipment jointly.
Despite the arrangement that took place this week, the supervisors and recorder have not been operating on friendly terms.
Some of the supervisors, including board leadership, attacked Recorder Justin Heap last week for adhering to federal policy and filing a complaint about suspicious activity witnessed on a ballot tabulation center livestream.
Footage reflected two elections workers entering the tabulation center late at night to upload flash drives into elections equipment.
The Federal Bureau of Investigation quickly investigated and cleared the workers of wrongdoing. The county also issued statements clarifying that the footage reflected authorized work updating ballot duplication system software and uploading election files.
Days later, a voting location in Chandler had the settings for three ballot printers altered. The recorder’s office replaced the printers and sent them for forensic examination, and on that same day issued a press release notifying voters of the incident. The Maricopa County Sheriff’s Office is investigating but says it has so far found no evidence of election interference or a crime.
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Arizona Congressman Andy Biggs (R-AZ-05), alongside fellow Republican Congressmen Paul Gosar (R-AZ-09) and Eli Crane (R-AZ-02), is urging the U.S. Department of War to explore opportunities to expand domestic copper production on military lands across Arizona.
In an October 19 press release, Biggs announced that the three lawmakers sent a letter dated October 9, 2026, to Secretary of War Pete Hegseth, requesting that the department identify opportunities for copper mining, processing, refining, and recycling on approximately 3.12 million acres of defense land under its management in Arizona.
The lawmakers emphasized Arizona’s position as the nation’s leading copper-producing state, accounting for approximately 70% of all copper mined in the United States.
With its extensive mineral deposits, skilled workforce, established infrastructure, and significant military presence, the state is positioned to play a central role in strengthening domestic mineral supply chains and reducing dependence on foreign sources.
“Arizona has been blessed with an abundance of natural resources that are essential to America’s economic prosperity and national security,” stated Congressman Biggs. “For too long, our country has allowed unnecessary barriers and an overreliance on foreign supply chains to undermine our ability to produce the critical materials our military needs.”
“Arizona already leads in copper production, and we have a tremendous opportunity to build on that strength. We should be looking at every responsible avenue to expand domestic production, unleash American industry, and ensure our military has a reliable supply of the resources necessary to defend our citizens and freedoms,” added Biggs.
I'm urging the Department of War to identify opportunities to expand domestic copper mining, processing, refining, and recycling on the approximately 3.12 million acres of defense land under its management in Arizona.
In their letter, the congressmen highlighted copper’s importance to military readiness, noting its widespread use in electrical systems, communications equipment, munitions, aircraft, naval vessels, and military installations.
The lawmakers also cited three executive orders aimed at strengthening domestic mineral production and national security.
These include Executive Order 14220, which identified copper as essential to national security, Executive Order 14241, which directed efforts to accelerate domestic mineral production, and Executive Order 14415, signed July 20, 2026, which established a policy prioritizing domestic and allied sources for critical materials used by the military.
The letter requests that the Department of War identify suitable military lands in Arizona for copper and other critical mineral development while ensuring that any proposed activities remain consistent with military training, testing, and operational readiness requirements.
Additionally, the lawmakers asked the department to evaluate existing federal authorities, programs, partnerships, and investments that could accelerate domestic mineral production and processing, while identifying potential legislative changes Congress could consider.
Biggs, Gosar, and Crane also requested a briefing within 90 days outlining potential development sites, available resources, and any outstanding infrastructure or permitting requirements.
“Arizona has the resources, workforce, infrastructure, and military presence to play a central role in securing America’s copper supply,” the lawmakers wrote. “We urge the Department to put these assets to work.”
The congressmen argued that expanding domestic copper production and processing would strengthen the nation’s defense supply chain, create opportunities for American workers, and reduce reliance on foreign mineral suppliers.
Ethan Faverino is a reporter for AZ Free News. You can send him news tips using this link.
