PHOENIX— The Center for Biological Diversity and the San Pedro 100 sued Arizona Department of Water Resources Director Tom Buschatzke today for failing to review adequate water supply designations for 55 Fort Huachuca/Sierra Vista-area subdivisions.

The subdivisions’ 100-year water supply designations are no longer accurate since an August 2023 court ruling that quantified water rights for the San Pedro National Riparian Conservation Area. The court quantified water rights for the area in response to Congress’ 1988 protection of the San Pedro River.

“Gov. Hobbs and Director Buschatzke refuse to acknowledge that over-pumping in Sierra Vista is violating the San Pedro River’s water rights,” says Robin Silver, co-founder of the Center. “They refuse to act despite laws requiring review of inaccurate water adequacy designations and consumer protections requiring full disclosure of those facts. So we’re taking Arizona to court.”

The San Pedro is the last free-flowing river in the desert Southwest. It is essential for the survival of millions of migratory songbirds and many endangered species. Groundwater pumping is drying the river. Water levels in six of 13 court-mandated monitoring wells and stream gauges have fallen below required levels.

Today’s lawsuit, filed in Maricopa County Superior Court, says Arizona must review the100-year water supply adequacy designations awarded to the 55 subdivisions, taking into account the need to protect reserved water rights for the San Pedro National Riparian Conservation Area and the plants and animals that call it home.

The Arizona Consumer Fraud Act mandates consumer protection from “unfair, deceptive… business practices related to the sale or advertisement of merchandise [including real estate].”

For almost two years Gov. Katie Hobbs and Buschatzke have ignored these violations and neglected to respond to multiple notices (Oct. 5, 2024, Nov. 18, 2024, Dec. 23, 2024) from the Center regarding their failure to review the inaccurate adequacy designations.

Only after the Center’s August 2024 lawsuit did Buschatzke and the Arizona Department of Water Resources agree to review the water-supply designation of one of the local subdivisions, a 7,000-home development called Pueblo Del Sol.

Today’s lawsuit seeks to force Buschatzke to fulfill his mandated responsibilities to determine that a 100-year water supply is legally and physically available to serve Cochise County subdivisions.