Court split on Forest Service’s power to curb private-well water use at Arizona copper mine

A federal court in Phoenix is weighing the Forest Service’s jurisdiction over water drawn from private wells that supply the Pinto Valley Mine, a copper operation that has reduced Pinto Creek’s flow by more than 90% over the past decade. Earthjustice’s Thomas Delehanty contended that the agency may impose reasonable conditions when its resources are materially affected, citing the 2021 environmental impact statement that linked the wells to the mine’s operations.

The Sierra Club’s Grand Canyon Chapter sued, alleging violations of the National Environmental Policy Act and the Endangered Species Act for harming the yellow-billed cuckoo and southwestern willow flycatcher. DOJ attorney Andrew Smith argued that groundwater pumping is governed by state law and that the mine’s water rights cannot be overridden. The Forest Service had asked the Arizona Department of Water Resources to deem the mine’s use illegal under its instream water right, but the request was denied.

Judge Dominic Lanza, a Trump appointee, issued a tentative decision on September 2 that supports the Forest Service’s authority over the private wells while finding the agency’s subflow analysis deficient. The outcome could shape how federal agencies regulate private-well extraction that impacts public lands.