Goldwater Institute Seeks Court Ruling On Arizona Water Policy Affecting Home Construction

Goldwater Institute Seeks Court Ruling On Arizona Water Policy Affecting Home Construction

by | Feb 20, 2026 | News

By Matthew Holloway |

Attorneys with the Goldwater Institute are scheduled to appear in Maricopa County Superior Court at 10 a.m. Friday for a hearing in their lawsuit challenging water policy changes implemented by the administration of Katie Hobbs.

The case, filed in January 2025 on behalf of the Home Builders Association of Central Arizona, contests new requirements adopted by the Arizona Department of Water Resources (ADWR) affecting groundwater supply determinations in parts of Maricopa County.

The Goldwater Institute said the policy changes have halted approvals for new housing developments in certain areas of the Phoenix metropolitan region, including portions of Queen Creek and Buckeye.

Under Arizona law, homebuilders in designated Active Management Areas must obtain a certificate demonstrating a 100-year assured water supply before beginning construction.

Goldwater’s lawsuit challenges a policy change announced by ADWR in November 2024. It contends that the department adopted a new framework based on what it describes as “unmet demand,” which it says is not referenced in Arizona statute.

Goldwater penned a letter to the ADWR one month later, urging the agency to reconsider its “AMA Wide Unmet Demand Rule,” asserting that the new rule was in violation of the law, having been imposed without legislative approval or via the required rulemaking process.

ADWR has defended its authority to interpret and apply groundwater modeling within the state’s assured water supply program. The department has not publicly characterized the policy as a formal rulemaking.

The Maricopa County Superior Court previously denied ADWR’s motion to dismiss the case, allowing the lawsuit to proceed.

During Friday’s hearing, attorneys for Goldwater are expected to ask Judge Scott Blaney to enter judgment in favor of the Home Builders Association of Central Arizona.

The case is being heard at the Maricopa County Superior Court, East Building, located at 101 W. Jefferson Street in Phoenix.

In a statement, Goldwater Institute Vice President for Litigation Jon Riches said: “Decisions on vital statewide concerns like the availability of affordable housing and the responsible stewardship of our natural resources should be made through a transparent, democratic process—not imposed by executive fiat.”

Additional information about the case is available on the Goldwater Institute’s website. No ruling is expected at the time of the hearing.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

Bill Would Require New Homes To Have Designated Outlet To Charge Electric Vehicles

Bill Would Require New Homes To Have Designated Outlet To Charge Electric Vehicles

by | Feb 15, 2021 | News

Monday afternoon the Arizona Senate Committee on Government will consider a bill sponsored by Sen. Victoria Steele (D-LD9) that would prohibit a municipality or county from issuing a single-family residential building permit unless there is a special dedicated outlet for charging an electric vehicle in a garage or within 10 feet of the home’s parking area.

Under SB1102, a residential building permit could not be issued for new construction or an addition if the structure does not have a 208/240 volt, 50-ampere, NEMA 14-50 branch circuit. The required electrical work could cost up to $2,000 depending on where the home is located.

The exceptions in Steele’s bill include building permits issued for a manufactured home, a residential structure of less than 1,000 square feet, and a residential structure whose main electric service would exceed 200 ampere with the addition of a 50-ampere circuit. The bill is opposed by the Home Builders Association of Central Arizona.

SB1102 also appropriates $1,000,000 from the state’s FY22 general fund to the Arizona Department of Administration (ADOA) to help support electric vehicle charging options. One-half of the funds would go to a Ready Home Pilot Program to establish guidelines and standards for the installation of a high voltage electric vehicle charging outlet.

The program would also reimburse the owner of a single-family or multifamily residential structure for the cost -up to $1,000- of installing the outlet, until the appropriated funds are exhausted.

The other $500,000 appropriated by Steele’s bill would be used by ADOA to conduct a two-year “Charging Station Pilot Program” under which state agencies could apply for funds to install electric vehicle charging stations at agency locations.
The program would also allow private entities to install and operate a retail fee-based electric vehicle charging station at various state properties, including the Legislature and property under the jurisdiction of the Arizona Board of Regents.

However, Sen. Jamescita Peshlakai (D-LD7) put forth a proposed amendment on Feb. 12 which would make the charging outlet an option, not a requirement, to obtain a building permit. The amendment also drops the provision in Steele’s bill about allowing private operation of a retail fee-based electric vehicle charging station on state-controlled property.

If SB1102 -as introduced or amended- makes it out of the Government Committee it must then get past the Appropriations and Rules Committees, neither of which are scheduled to consider the bill this week.