Karmactive Staff
Environmental groups have filed a lawsuit against Arizona Department of Water Resources (ADWR) Director Tom Buschatzke for failing to review the 100-year water supply designation for the planned 28,000-home Villages at Vigneto development in Benson.
The Center for Biological Diversity and San Pedro 100 filed the suit on August 4, 2025, arguing that state law required a review of the water supply designation by July 14, 2023. The lawsuit claims the ADWR has neglected its duty to ensure the development has adequate water for the next century.
At the heart of the dispute is the San Pedro River, described as the last free-flowing desert river in the Southwest. The river serves as critical habitat for millions of migratory birds and numerous endangered species. According to the plaintiffs, groundwater pumping for the massive development would directly impact water levels in the river.
“The Villages of Vigneto development has always been predicated on the mirage of unavailable water,” said Robin Silver, co-founder of the Center for Biological Diversity. “It’s hard to believe that we now need to file a fourth lawsuit against the state because officials continue refusing to protect the San Pedro River.”
The lawsuit cites three scientific studies from 2016 to 2018 showing that San Pedro River streamflow is already diminishing during dry periods. These studies by Prucha, Eastoe, and Meixner indicate that additional groundwater pumping for Vigneto would violate federal reserved water rights established for the San Pedro Riparian National Conservation Area (SPRNCA).
The issue became more pressing after court rulings in 2023 and 2024 quantified federal water rights for the conservation area. Under these rulings, minimum water levels must be maintained at nine monitoring wells within SPRNCA. Environmental groups report that two of these wells are already below required levels.
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Arizona’s Groundwater Management Act requires that new developments guarantee sufficient water for at least 100 years. The ADWR is responsible for reviewing these designations periodically to ensure compliance with changing conditions.
The planned Villages at Vigneto is no small project. Developer El Dorado Holdings envisions transforming over 12,000 acres near Benson into a master-planned community styled after an Italian village. Plans include not just homes but also commercial space, golf courses, lakes, and resorts – all water-intensive features in an already water-stressed region.
This marks the fourth lawsuit challenging Governor Katie Hobbs and Director Buschatzke regarding the San Pedro River. The Hobbs administration has designated other Arizona areas as Active Management Areas (AMAs) for water protection, including Willcox, and is considering similar status for Gila Bend. However, despite declining water levels, no such protections have been implemented for the Upper San Pedro Basin.
Conservationists argue that the state’s inaction threatens not only the river ecosystem but also the federal water rights legally established for the conservation area. Meanwhile, monitoring data shows that groundwater levels and streamflow have already fallen below critical thresholds.
The legal battle highlights tensions between development pressures and environmental protection in water-scarce Arizona. While developers point to economic benefits for Benson and Cochise County, environmental groups warn that continued groundwater pumping risks permanent damage to one of the Southwest’s most valuable riparian corridors.
The lawsuit seeks to compel ADWR to review and potentially revoke the water supply designation for the Vigneto development. No hearing dates have been announced yet, but the case will likely have significant implications for water management throughout Arizona, particularly in areas near federally protected lands.
