by Jonathan Eberle | May 23, 2025 | News
By Jonathan Eberle |
Arizona Governor Katie Hobbs has vetoed legislation that would have allowed residents in voter-established Active Management Areas (AMAs), including the newly created Douglas AMA, to revisit their groundwater management designation after ten years.
The bill, HB 2089, was sponsored by Representative Gail Griffin (R–LD19), who argued that the measure was about preserving local control and ensuring that rural communities retain a voice in long-term water policy decisions.
“This bill simply would have allowed voters to revisit a decision they made ten years earlier. It respected the voice of the people — not silenced it,” Griffin said in a statement responding to the veto. “The Governor’s action undermines the ability of rural communities to self-govern and respond to future conditions.”
Under current Arizona law, AMAs are designated areas where groundwater is heavily regulated in an effort to manage overdraft and promote sustainable use. The Douglas AMA was approved by voters in 2022 in response to growing concerns over aquifer depletion in southeastern Arizona. The law established that AMA did not include an option for voters to re-evaluate the decision in the future — a gap HB 2089 sought to address.
Rep. Griffin and other rural lawmakers have expressed concern over what they describe as heavy-handed regulation from Phoenix that may not reflect the economic realities of agricultural communities. In a press release, the Arizona House Republican Caucus also criticized the Governor’s broader approach to groundwater management, particularly in the Willcox Basin, where the administration is reportedly pursuing a 50% reduction in groundwater overdraft by 2075.
The veto is the latest flashpoint in an ongoing debate between state leadership and rural lawmakers over how best to balance groundwater conservation with agricultural and economic needs. It remains unclear whether supporters of the measure will seek to reintroduce similar legislation in future sessions.
Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.
by Terri Jo Neff | Aug 17, 2022 | News
By Terri Jo Neff |
Voters in the southern Sulphur Springs Valley will find out later this week whether they get to vote on the creation of a Douglas Groundwater Basin Active Management Area that will establish new regulations for the withdrawal and use of groundwater by private landowners across a large swath of Cochise County.
And the Douglas AMA initiative could make it on the 2022 general election ballot even if not enough verified, valid petition signatures were turned in, according to an argument put forth by the group which collected the signatures.
Judge Laura Cardinal will conduct a hearing Friday on a challenge by Rural Water Assurance to block the AMA initiative from the ballots of roughly 13,450 voters whose addresses fall within the boundary of the proposed Douglas AMA.
The city of Douglas as well as the agriculture-heavy communities of McNeal and Elfrida will be impacted if the Douglas AMA is approved, as will be a portion of the city of Bisbee and surrounding areas.
Proponents of the Douglas AMA contend unregulated pumping from large agricultural wells in central and southeastern Cochise County is depleting the aquifer. They are calling for several restrictions on groundwater use and irrigation which proponents claim are necessary to prevent harm to local residents who live in the area.
Critics like Rural Water Assurance, however, argue that an AMA interferes with private property rights in a number of ways. There will also be a loss of property value from newly implemented AMA-related restrictions placed on the use of the land, they argue, including a 100-year assured water supply certification required for subdivision development.
There is also concern that the push for a Douglas AMA comes at a time when southeast Arizona is expecting to see long-anticipated renewed economic activity thanks to Congressional plans to overhaul the current Douglas Port of Entry at the Mexico border.
But the issue before Cardinal will not be about the political arguments or water policy. Instead, she is being asked to rule whether Arizona Water Defenders submitted enough petition signature to get the AMA initiative on the upcoming ballot.
Part of what Cardinal must decide is whether it matters if those petition signatures are legitimate signatures of actual registered voters living within the boundaries of the proposed AMA. Or is a random sampling good enough.
Arizona Water Defenders needed at least 1,346 petition signatures to qualify for the ballot. The group submitted 2,271 signatures on July 6 and Cochise County Elections Director Lisa Marra later reported there were 1,683 valid signatures.
However, the process Marra used did not actually verify the validity of all of the signatures. Instead, a few dozen signatures were discounted immediately due to technical issues after which a random sample validation process was used.
This resulted in an extrapolated figure being provided by Marra without any verification if all of the presumed valid signatures were in fact valid.
In its election challenge, Rural Water Assurance argues Cardinal must disqualify nearly all of the submitted petition signatures as deficient for myriad reasons from mismatched voter signatures to signers not living within the proposed AMA boundaries.
A more crucial problem, the election challenge argues, is some of the 206 petition sheets did not include a completed circulator affidavit. That affidavit must be filled out by the person who circulated the petition to collect signatures.
With 10 signatures possible on each petition sheet, any petitions not properly circulated could result in a large number of disqualifications whether the voters’ signatures themselves are valid.
For its part, Arizona Water Defenders has asked Cardinal to dismiss the election challenge. The group argues that under current state law, it is legally irrelevant whether there is actually 1,346 verified petition signatures for getting the Douglas AMA initiative on the ballot.
The only important factor, according to the group’s attorney, is that Marra’s random-sampling calculation gave the group credit for more than the required number.
“There are no longer any remaining statutory requirements for the examination and verification of each signature of each petition by the Recorder,” attorney John A. MacKinnon argues in a motion to dismiss. “If the number of valid signatures as projected from the random sample equals or exceeds the minimum required number, the initiative is entitled to be on the ballot” under one of two statues.
The Cochise County Board of Supervisors and Cochise County Recorder David Stevens have been subpoenaed to court for Friday’s hearing, as has Marra and members of Arizona Water Defenders.
Arizona currently has five AMAs. The four located in Prescott, Phoenix, Pinal County, and Tucson where created by the Legislature. The fifth was approved by Santa Cruz County voters several years ago.
The Arizona Department of Water Resources provides a FAQ page about the proposed Douglas Groundwater Basis AMA here.
