Arizona sues Saudi-owned firm for public nuisance over water use

Arizona sues Saudi-owned Fondomonte for excessive groundwater use, alleging public nuisance that threatens La Paz County's health, safety, and future.
Spread the love
  • State alleges water overuse threatens public safety.
  • Company pumped enough water in 2023 for 93,000 homes.
  • Arizona seeks to halt pumping and repair community damage.

December 13, 2024 — Arizona Attorney General Kris Mayes filed a lawsuit on Wednesday, December 11, against Fondomonte Arizona, LLC, accusing the company of depleting groundwater resources in La Paz County to grow crops for export to Saudi Arabia. The state claims this excessive pumping has harmed the Ranegras Plain Basin, putting public health, infrastructure, and local agriculture at risk. (Link to the complaintOpens in a new tab..)

La Paz County, located in western Arizona along the Colorado River, is a largely rural region with about 16,000 residents. The county’s economy depends heavily on agriculture and tourism, with groundwater serving as a lifeline for farmers, small communities, and local ecosystems. However, the area has faced increasing strain on its water resources, exacerbated by the ongoing drought in the Colorado River Basin.

According to the lawsuit, Fondomonte has extracted vast amounts of water from the aquifer since 2014, including approximately 31,196 acre-feet in 2023 alone—enough to supply nearly 93,600 homes for a year. This pumping has reportedly led to declining groundwater levels and land subsidence, damaging the region’s fragile infrastructure and threatening its future sustainability.

“Fondomonte’s unsustainable groundwater pumping has caused devastating consequences for the Ranegras Plain Basin, putting the health and future of the residents of La Paz County at risk,” said Mayes in a statementOpens in a new tab.. “Arizona law is clear: no company has the right to endanger an entire community’s health and safety for its own gain.”

Water for Export Raises Controversy.

Fondomonte, a subsidiary of a Saudi Arabian company, uses the groundwater to grow water-intensive alfalfa, which is shipped overseas to feed livestock in Saudi Arabia. Critics have long pointed to this practice as an example of mismanaged water policy in a state grappling with chronic water shortages.

The lawsuit seeks a court order declaring Fondomonte’s activities a public nuisance, stopping further excessive groundwater pumping, and requiring the company to establish an abatement fund to address the harm caused by its practices.

Lawsuit a Long Shot.

The public nuisance approach in the lawsuit is a rarely tested legal theory.  Rhett Larson, a professor of water law at Arizona State University, said, “You have rarely seen successful public nuisance claims against agricultural practices.  You have to show that they were pretty dangerous.”  Larson says state laws were written to protect agricultural interests (see the 12 News video below).

A Broader Water Crisis.

The case highlights the growing tension over water rights and usage in Arizona, particularly in rural areas like La Paz County. Groundwater, a critical resource for sustaining agriculture and communities in the state, is largely unregulated outside designated Active Management Areas. As the Colorado River Basin faces historic drought conditions, groundwater management becomes more contentious.

This lawsuit addresses what Mayes describes as a corporate overreach that threatens the livelihoods of Arizona residents and the future of its rural communities.

~~~

Image:

Entering Arizona from California on Interstate 10Opens in a new tab., eastbound, March 2005, by Brandy Jenkins.  Licensed under the Creative Commons Attribution-Share Alike 3.0 Unported license.

Deborah

Since 1995, Deborah has owned and operated LegalTech LLC with a focus on water rights. Before moving to Arizona in 1986, she worked as a quality control analyst for Honeywell and in commercial real estate, both in Texas. She learned about Arizona's water rights from the late and great attorney Michael Brophy of Ryley, Carlock & Applewhite. Her side interests are writing (and reading), Wordpress programming and much more.

Leave a Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

Subscribe
Notify of
guest
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Laura
Laura
December 14, 2024 10:03 am
I really would have thought that there would already be laws governing or restricting this kind of abuse. I’m shocked and saddened about this, angry too. The groundwater crisis is not a secret and here we have one of any number of corporate abusers. I wish heavy, heavy fines could be imposed.

Recent Posts

1
0
Would love your thoughts, please comment.x
()
x
Skip to content