November 2008

U.S. Water News Online

PHOENIX — A new court ruling says Arizona's program to recharge aquifers does not violate the rights of a sand and gravel company.

A state Court of Appeals panel's decision upholds a trial judge's rulings in favor of the Central Arizona Water Conservation District in a lawsuit filed by Peoria-based South West Sand and Gravel Inc.

The company says its operations have been hindered by diversions of Colorado River water delivered by the Central Arizona Project aqueduct into the Agua Fria River for underground storage.

The recharge program is an important element of the state's overall water strategy.

The new ruling cites state law, a previous ruling on water-related property rights and Arizona's “historic encouragement” of full uses of scare water resources.

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