Arizona AG Mayes takes legal action against Fondomonte for excessive groundwater pumping

ARIZONA – In a decisive move to protect Arizona’s essential water resources, Attorney General Kris Mayes has filed a lawsuit against Fondomonte Arizona, LLC, alleging that the company›s excessive groundwater pumping in La Paz County constitutes a public nuisance under Arizona Revised Statutes § 13-2917. The lawsuit, officially filed in Maricopa County Superior Court on December 11, 2024, accuses Fondomonte of endangering the public health, safety, and infrastructure of communities within the Ranegras Plain Basin.
Attorney General Mayes emphasized the severity of Fondomonte’s actions, stating, “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. Arizona law is clear: no company has the right to endanger an entire community’s health and safety for its own gain.” The complaint outlines that since 2014, Fondomonte has extracted approximately 31,196 acre-feet of groundwater in 2023 alone to cultivate water-intensive alfalfa for export to Saudi Arabia. To illustrate the impact, one acre-foot of water can supply three single-family homes for an entire year, highlighting the substantial depletion caused by Fondomonte’s operations.
The Ranegras Plain Basin, one of seven basins in La Paz County, relies exclusively on its groundwater for the water supply of residents, businesses, and farms. Unlike transfer basins, which allow groundwater to be moved to areas outside the basin, the Ranegras Basin’s water is reserved solely for the local community. Fondomonte’s extensive use of at least 36 wells, each capable of pumping up to 4,000 gallons of water per minute, has led to a rapid decline in groundwater levels. This excessive extraction has resulted in significant land subsidence, causing the ground surface to sink and posing severe risks to infrastructure, including wells, pipes, and water extraction equipment.
The legal action seeks several forms of relief, including a declaratory judgment to officially recognize Fondomonte’s activities as a public nuisance, an injunction to prevent further excessive groundwater pumping, the establishment of an abatement fund to address the damages caused, and monetary fines and fees to cover the State’s legal costs and deter future violations. The State argues that Fondomonte’s actions not only deplete the groundwater supply but also degrade water quality and cause permanent land subsidence, thereby creating a substantial and ongoing public nuisance.
The consequences of Fondomonte’s groundwater pumping are far-reaching. The Arizona Department of Water Resources has documented up to 9.8 inches of land subsidence in the Ranegras Basin since 2010, underscoring the severe and ongoing impact of Fondomonte’s operations. Residents within the basin have expressed significant concerns about their diminishing access to water and the deteriorating quality of their water sources. The rapid decline in groundwater levels threatens to force many community members to abandon their land and homes, posing grave dangers to public health and safety.
Fondomonte Arizona, LLC, a subsidiary of Almarai Company based in Riyadh, Saudi Arabia, has been operating in the Ranegras Basin since 2014. The company’s primary activity involves growing alfalfa, one of the most water-intensive crops, for export purposes. In 2023, Fondomonte was responsible for over 85% of the total alfalfa grown in the Ranegras Basin, highlighting its dominant presence and significant water usage in the area. Despite Arizona’s strict regulations on groundwater extraction, Fondomonte has continued its operations, citing the necessity of water for its agricultural activities. However, the State contends that Fondomonte’s actions exceed legal and sustainable limits, resulting in severe environmental and community harm.
This lawsuit represents a critical response to what the State perceives as a legislative and regulatory failure to adequately address the water crisis in the Ranegras Basin. Since the onset of Fondomonte’s operations, the basin has experienced unprecedented groundwater depletion and land subsidence, far surpassing natural recharge rates and threatening long-term sustainability. The State of Arizona has previously sought to regulate groundwater extraction through various measures, but the continued rise in Fondomonte’s water usage highlights the challenges in enforcing these regulations effectively.
A successful case against Fondomonte would set a precedent for stricter enforcement of water usage laws and provide a model for addressing similar environmental and public health concerns in other regions. Community leaders and environmental advocates have expressed strong support for the State’s actions, emphasizing the need to protect Arizona’s precious water resources from unsustainable exploitation. “This lawsuit is a necessary step to ensure that our communities are not sacrificed for corporate profits,” stated a spokesperson for a local environmental organization.
— Jeremy Webb