By Reagan Priest | State Affairs
A Maricopa County Superior Court judge invalidated the Department of Water Resources’ 2023 move to restrict home development in parts of Phoenix over a lack of groundwater.
On Tuesday, Judge Scott Blaney ruled ADWR violated the Administrative Procedures Act by unilaterally restricting the approval of new assured water supply certificates by citing “unmet demand” in the Phoenix Active Management Area (AMA) in a 2023 groundwater model. The Goldwater Institute sued over the policy on behalf of the Home Builders Association of Central Arizona in 2025, arguing that it unlawfully prevented its members from developing land in the Phoenix AMA.
“We’re delighted that the court has struck down the bureaucracy’s newfangled restriction on home construction — a rule that reduced the availability of homes and raised housing costs in one of the nation’s fastest-growing housing markets,” said Timothy Sandefur, the Goldwater Institute’s Vice President for Legal Affairs. “This case is just the latest example of the dangers of the unelected, unaccountable administrative state.”
ADWR is pledging to appeal the ruling, and a spokesperson for Gov. Katie Hobbs objected to Blaney’s conclusions.
