ADWR says Central Arizona Project is overstating its role in water issues

Audio By Carbonatix

An employment lawsuit is pitting two of the state’s largest actors on water issues against each other, and some say its outcome could complicate Arizona’s efforts to manage its water and prepare for drought.

The lawsuit, filed in 2012 by a former employee of the Central Arizona Water Conservation District, which operates the Central Arizona Project, alleged that CAP violated the federal Family Medical Leave Act.

But it’s not the specifics of the employee’s allegations that have the Arizona Department of Water Resources troubled. It’s the argument CAP is making to try to fend off $1 million or more in damages and attorney’s fees.

The district, which delivers water to millions who live in Maricopa, Pima and Pinal counties, argues it is an arm of the state and, thus, entitled to sovereign immunity under the 11th Amendment.

CAP also claimed that it is the “single entity” created by Arizona to secure, manage and deliver more than half of Arizona’s share of water from the Colorado River.

That is overstating CAP’s role, said ADWR Director Tom Buschatzke.

Read more at AZ Capitol Times

Corrie O'Connor