Benson Housing Project Lawsuit
In Benson, Arizona, two conservation groups have initiated legal action accusing state officials of neglecting their responsibility to reassess water resources for a large housing project. Specifically, the lawsuit targets Tom Buschatzke, the Director of the Arizona Department of Water Resources, claiming he has not revoked the designation of a 100-year water supply for the proposed Vinate village, which plans to include 28,000 homes.
The Center for Biodiversity and San Pedro 100 argue that recent judicial rulings indicate the project should not depend on groundwater anymore. The groundwater in question is crucial for the San Pedro River, which remains the last free-flowing desert river in the southwestern United States, and serves as a vital ecosystem for countless migratory birds and endangered species.
According to Arizona law, it’s required for new developments to demonstrate they can provide sufficient water for residents over a century.
Robin Silver, a co-founder of the Center for Biodiversity, expressed concern, stating, “The Vigneto Development is perpetually based on unrealistic water promises. It’s frustrating to find ourselves filing a fourth lawsuit against the state while officials turn a blind eye to the San Pedro River.”
The lawsuit alleges the Department of Water Resources needed to re-evaluate the water designation for the Benson project by July 14, 2023, but has failed to do so.
Three independent hydrological assessments revealed that the development’s water extraction would violate federal water rights and negatively impact the federally protected areas along the San Pedro River.
This marks the fourth time the plaintiffs have taken legal action against Governor Katie Hobbs and Buschatzke, claiming they are not adequately safeguarding the river.
The Hobbs administration has formed an active management area in the Wilcox region; however, the conservation groups assert that it is not adequately addressing the need to protect the San Pedro’s underground water sources from overuse, focusing instead on the similarities with the Gilavend actions.
