By Howard Fischer | Arizona Capitol Times
Homebuilders are asking a judge to void what they are calling an illegal “tax” they have to pay to get permission to build in certain areas around Phoenix and in Pinal County, a levy they say will drive up already high home prices.
The lawsuit filed March 10 alleges the state Department of Water Resources lacks the legal authority to tell them that if they want to build they have to show their water provider has access to not just the water they need for the next 100 years, but another 33% on top of that.
Attorney Andrew Gould said that runs contrary to state law which requires only proof that they have the water for their own specific project. And he said even if that were legal — a point he does not concede — that 33% “is not defensible, lacks rationale, and is unsupported by the acceptable data.”
