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Student quoted in Sierra Vista Herald
David McDevitt, a third-year law student in the College of Law’s Natural Resources Clinic, was interviewed by Shar Porier for an article on water adequacy in the Sierra Vista Herald on Mar. 15.
The title, “Battle over PDS water adequacy certificate not over,” refers to an ongoing case between the Arizona Department of Water Resources and local conservationists, Dr. Robin Silver and Tricia Gerrodette.
McDevitt represented Silver and Gerrodette, who recently brought a lawsuit against the Arizona Department of Water Resources after the department granted a certificate of water adequacy for the next 100 years to the Pueblo Del Sol Water Company.
McDevitt and his clients argued that company’s proposal to drill near the San Pedro River would have a detrimental impact on the environment.
“The San Pedro River is literally the textbook example of how groundwater pumping results in river surface flow depletion,” added McDevitt in the article. “PDS wants to pump one-third of all of the annual natural recharge in the Upper San Pedro Water Basin. It’s an amount equal to the entire base flow of the river. To say that there will be no detrimental impact defies common sense, not to mention the overwhelming weight of scientific evidence and opinion.”
Administrative Law Judge Thomas Shedden determined that the Department of Water Resources followed the law in granting the certificate of water adequacy, but McDevitt’s clients plan to take the case to the Superior Court.
“Under Arizona Statute, the superior court may hold an evidentiary hearing and may admit new evidence, even if it was not offered or admitted at the administrative hearing,” McDevitt said.
To read the article, click