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Ducey vetoes bills changing water supply rules

Posted at 5:29 PM, May 09, 2016
and last updated 2016-05-09 22:02:56-04

Arizona Gov. Doug Ducey on Monday vetoed a pair of bills that would have eased requirements for developers in two rural counties to show there's enough water to supply new homes.

The governor's veto stamp came shortly after he said at an unrelated school event that he wasn't going to allow legislation that undermines the state's 1980 groundwater management act to become law.

"It's time for me to get to the Capitol to veto some bad bills," he said.

In a statement after the veto, he said ensuring the certainty of water supplies is one of his top priorities.

Senate Bill 1400 would have forced a vote by county supervisors in rural counties as early as next year and every five years thereafter to keep current rules in place. Senate Bill 1268 allowed some cities including Sierra Vista in those counties to opt out of adequate water supply rules.

The legislation could have paved the way for a 7,000 home development in Sierra Vista and other large developments. The developer, Castle and Cooke Arizona, is owned by David H. Murdock -- a billionaire real estate developer and owner of Dole Food Company.

The U.S. Bureau of Land Management sued the Arizona Department of Water Resources for signing off on Castle & Cooke Arizona's water plan to build in Sierra Vista. The federal agency says the developer intends to use groundwater that is linked to a federally protected conservation area along the San Pedro River.

Maricopa County Superior Court ruled against the Department of Water Resources, but the agency has since appealed -- leaving the water rights issue hanging.

Both bills were sponsored by Sen. Gail griffin, R-Hereford. House Speaker David Gowan and Rep. David Stevens, the other two lawmakers representing Cochise County, co-sponsored SB1268 with Griffin.

None of the lawmakers immediately returned calls seeking comment.

The veto brought cheers from Kathleen Ferris, a senior fellow for Arizona State University Morrison Institute's Kyl Center for Water Policy who has been involved in Arizona water issues for decades. She praised lawmakers who voted against the legislation, saying they recognized that potential impact of the legislation and stood up and tried to stop it.

"We need to strengthen our water laws in rural areas, not weaken them," Ferris said. "In most of the rural areas of our state we have no limits on groundwater pumping. And the requirement to demonstrate an adequate water supply is one of the few tools that rural areas have to manage groundwater supplies."

Ferris said the veto also showed the governor was willing to take on powerful business interests to ensure the state's water supply is protected.

"I think it signals that the governor wants to be a statesman on water issues, that he recognizes how important water is to the general well-being, economy and health of the state," she said. "And that he's going to focus his effort on enhancing water management rather that weakening it."