Central Arizona Project canals are being used to transfer Colorado River water to the Maricopa County community of Queen Creek.
A line of homes in Queen Creek are seen here in March. Queen Creek is among the fastest growing cities in the state and country and they are attempting to obtain more water from the Colorado River.
KINGMAN — Local officials could head to Phoenix this week, as parties in a contentious federal court case determine what to do next.
According to Mohave County Supervisor Travis Lingenfelter this week, parties in the case are expected to meet Wednesday in U.S. District Court to determine next steps in the proposed 2,088 annual acre-foot water transfer agreement between Cibola-based farming company, GSC Farms, and the Central Arizona community of Queen Creek.
When the U.S. Bureau of Reclamation approved the agreement last year, the agency determined that an environmental impact study would not be needed, citing that the agreement would have “no significant impact” on Western Arizona’s stakeholders or the surrounding environment. That decision prompted a federal lawsuit by co-plaintiffs including Mohave, La Paz and Yuma Counties; as well as the City of Yuma, which appeared to end in February with a ruling in Mohave County’s favor by U.S. District Court Judge Michael Liburdi.
According to Liburdi, the plaintiffs showed that the agreement would establish a legal precedent for future such transfer agreements. Liburdi referred to the Bureau of Reclamation’s approval last year of the water transfer agreement as “arbitrary and capricious.”
“We were successful in federal court,” Lingenfelter said at Monday’s meeting of the Mohave County Board of Supervisors. “The federal court threw out the finding of ‘no significant impact’ from the Bureau of Reclamation. (Mohave County and its co-plaintiffs) are asking that the court direct the Bureau of Reclamation to do a full-blown environmental impact statement on this first-of-its-kind proposed water transfer.”
In February, Lingenfelter called the federal court’s ruling a victory for Arizona’s river communities. According to Lingenfelter, the court’s decision may have prevented - at least for now - a legal precedent that would allow other Central Arizona communities to purchase Colorado River water rights to address their own water shortages, or potential hedge funds that may see an opportunity to profit from Arizona’s water scarcity.
But according to Lingenfelter, it isn’t over yet.
“The hearing is on Wednesday,” Lingenfelter said on Monday. “I believe (Chief Civil County Attorney Ryan Esplin) will be going to that, and I will be driving down there on my own dime, because I think it’s important for us to be seen.”
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