Clean Water Rule's Repeal Could Have Consequences for Sprawling Development in Arizona

A recent decision by the Trump administration regarding the Waters of the United States Rule is changing the legal calculus of a plan to add 28,000 homes in the city of Benson, located southwest of Tucson.

2 minute read

September 24, 2019, 11:00 AM PDT

By James Brasuell @CasualBrasuell


The San Pedro River where it passes through Saint David, south of Benson, Arizona.

The San Pedro River where it passes through Saint David, south of Benson, Arizona. | Tim Roberts Photography / Shutterstock

The Trump administration's actions to repeal the Waters of the United States Rule have the developer a massive master planned community outside of Tucson talking optimistically about the prospects for the development in court.

As noted by Planetizen in a post earlier this month, the developer El Dorado Holdings is planning a development called Vigneto in the city of Benson, just east of Tucson in Arizona. The project would add 28,000 homes to the city.

After the U.S. Army Corps of Engineers reissued a Clean Water Act permit for the project, six environmental groups—the Lower San Pedro Watershed Alliance, Center for Biological Diversity, Sierra Club, Maricopa Audubon Society, Tucson Audubon Society, and Cascabel Conservation Association—filed legal challenges to the project.

But the Trump administration's decision earlier this month to roll back clean water protections under the Waters of the United States Rule, approved during the Obama administration, is likely to have consequences for the legal case, according to an article by Ian James.

Developer Mike Reinbold believes the development will move ahead soon as a result of the actions by the Trump administration. "Once the new regulation takes effect, perhaps as early as January, Reinbold said the federal permit for dredge-and-fill construction work on 51 acres of the property will no longer be required," reports James. If Reinbold's theory plays out in court, construction could begin as early as next year.

"Opponents of the project disagree with the developers’ interpretation of the law, and say they plan to keep fighting the development, which they say would harm the San Pedro River," according to James.

James cites more interest groups to further elaborate on the issues under debate, including the effectiveness of conservation laws.

Monday, September 23, 2019 in Arizona Republic

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Concrete Brutalism building with slanted walls and light visible through an atrium.

What ‘The Brutalist’ Teaches Us About Modern Cities

How architecture and urban landscapes reflect the trauma and dysfunction of the post-war experience.

February 28, 2025 - Justin Hollander

Complete Street

‘Complete Streets’ Webpage Deleted in Federal Purge

Basic resources and information on building bike lanes and sidewalks, formerly housed on the government’s Complete Streets website, are now gone.

February 27, 2025 - Streetsblog USA

Green electric Volkswagen van against a beach backdrop.

The VW Bus is Back — Now as an Electric Minivan

Volkswagen’s ID. Buzz reimagines its iconic Bus as a fully electric minivan, blending retro design with modern technology, a 231-mile range, and practical versatility to offer a stylish yet functional EV for the future.

March 3, 2025 - ABC 7 Eyewitness News

View of mountains with large shrubs in foreground in Altadena, California.

Healing Through Parks: Altadena’s Path to Recovery After the Eaton Fire

In the wake of the Eaton Fire, Altadena is uniting to restore Loma Alta Park, creating a renewed space for recreation, community gathering, and resilience.

March 9 - Pasadena NOw

Aerial view of single-family homes with swimming pools in San Diego, California.

San Diego to Rescind Multi-Unit ADU Rule

The city wants to close a loophole that allowed developers to build apartment buildings on single-family lots as ADUs.

March 9 - Axios

Close-up of row of electric cars plugged into chargers at outdoor station.

Electric Vehicles for All? Study Finds Disparities in Access and Incentives

A new UCLA study finds that while California has made progress in electric vehicle adoption, disadvantaged communities remain underserved in EV incentives, ownership, and charging access, requiring targeted policy changes to advance equity.

March 9 - UCLA Luskin Center for Innovation