David Johnson, water lawyer and chair of Rose Law Group’s water law department, explains what the groundwater announcement means for development

“Though a decision like this was expected at some point, it was thought that the announcement might come in a few years and be limited to certain areas of the Phoenix AMA where groundwater overdraft was particularly prevalent.  Today’s announcement was neither years away nor limited in scope as it applies across the Phoenix AMA (which is, generally speaking, Maricopa County).’

“And while today’s announcement does have significant ramifications for home developers in certain parts of Maricopa County, it likely presents opportunities for other developers.  Commercial and industrial development is unaffected by this decision as are many residential developments such as those that have already obtained certificates of assured water supply or which are served by cities, towns, or private water companies with designations of assured water supply (such as Phoenix, Scottsdale, or Goodyear).  So while this can change where development can occur, it doesn’t stop development from occurring.”

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June 2023