NW Valley Times

Arizona State Sen. Janae Shamp (R-Surprise), the Senate Majority Leader-Elect, said she opposes a new rule imposed by the Arizona Department of Water Resources (ADWR), warning that rogue bureaucrats will not be allowed to worsen the state’s housing crisis. 

The rule, supported by Gov. Katie Hobbs (D-Ariz.), requires homebuilders to obtain a certificate proving a 100-year groundwater supply before new construction can proceed.

“Rogue agencies and bureaucrats, under the leadership of ‘acting’ directors who are creating rules that hurt Arizonans, will not get a free pass in the coming session,” Shamp wrote in a Dec. 17 social media post on X. “This is especially true when it comes to any rule that exacerbates the current housing crisis!”

According to a release by The Goldwater Institute, the rule, was enacted in November. While this was previously a standard requirement, the ADWR has amended its groundwater model, which now prevents new housing projects in large portions of the Valley, including fast-growing areas like Buckeye and Queen Creek. The new model relies on a controversial concept called "unmet demand," which assumes that any projected groundwater shortage within a designated management area—regardless of location—applies to the entire region, even if the shortage does not directly impact the area in question.

Critics argue that this approach is flawed and overreaching, especially as it arbitrarily ties water availability across unrelated areas. According to experts, the model also ignores the reality of groundwater wells, which have a typical lifespan of far less than 100 years, rendering the agency’s long-term projections unrealistic. Furthermore, the rule was implemented without legislative approval or the required formal rule making process, which is mandated by Arizona law for significant policy changes.

In response, the Goldwater Institute has called on the ADWR to retract the new rule, arguing that it not only violates state law but also exacerbates the housing crisis by driving up costs. 

“This is one of the most significant bureaucratic overreaches in Arizona’s history,” said Jon Riches, Vice President for Litigation at the Goldwater Institute. “We urge the Department of Water Resources to immediately lift this unjust and illegal moratorium on new home construction.”

State law requires sweeping policies like the “unmet demand” rule to undergo formal rulemaking, which includes input from stakeholders and the public. Critics contend that bypassing this process undermines the democratic system by allowing unelected bureaucrats to impose significant regulations without accountability to the people.

A former operating room nurse, Shamp was first elected to represent Arizona’s 29th Legislative District in Nov. 2022. A resident of Surprise, she graduated cum laude from Arizona State University and received her nursing degree, also graduating cum laude, from Grand Canyon University.