The San Pedro River basin was designated a national conservation area in the 1980s.
By Howard Fischer Capitol Media Services via Arizona Daily Star
State water officials did not properly consider the rights of the Bureau of Land Management when it gave the go-ahead for a 7,000-home development in Sierra Vista, the Arizona Court of Appeals ruled Tuesday.
The judges on one hand said the Department of Water Resources did nothing wrong with determining that the Pueblo del Sol Water Co. showed water is “legally available” and it is able to provide water to the development.
But Judge Jon Thompson, writing for the unanimous court, said the department did not consider that the BLM has a claim on some of the underground water, a claim based on Congress having established a conservation area along the San Pedro River. Thompson said only after the state takes that into account can it determine if there is still enough water left over to allow for the Tribute development.
