Flagstaff City Council continues to protect water resources

The City Council of Flagstaff voted unanimously on Sept. 16, 2025 to authorize the City Attorney to take all actions necessary to ensure that the City's regional water resource at Red Gap Ranch is not impaired by helium exploration operations, including if necessary the filing of a new suit. The City is unaware of active helium exploration near Red Gap Ranch at this time and the City will continue to protect its vital resources if needed.

The public vote by the Council follows a decision by the Arizona Supreme Court not to review a Court of Appeals ruling that found the original approval of litigation against Desert Mountain Energy (DME) was ineffective because the Council directed the City Attorney to file suit in executive rather than open session. Because language in Arizona's Open Meeting Law supported the City's procedural approach, the City and the Arizona League of Cities and Towns had urged the Arizona Supreme Court to exercise its discretion to take up the case. In its filing, the League told the Court that, "If the Court of Appeals' opinion stands, the League's members are concerned about eroding protections in the Open Meeting Law."

"The decision of the Supreme Court not to review the Court of Appeals ruling is disappointing, given the extra burden it will now place on all public bodies in the State," said Flagstaff Mayor Becky Daggett. "But it will not hamper in any way the City's ability to protect its precious water resources. Our commitment to the public on that issue remains absolute."

Flagstaff City Attorney Sterling Solomon said, "the City intends to work with the League and other affected cities, towns and counties to seek a legislative correction urging the legislature to clarify the application of the ruling to protect executive session confidentiality as intended under the authorizing statute." (ARS §38-431.03.)

Flagstaff filed its original suit against DME in 2020, alleging that Red Gap ranch water quality was at risk because of DME's then newly drilled helium extraction well. DME denied that the well posed any such risk. The DME well is located two miles upgradient of Red Gap Ranch. It is drilled into fractured bedrock, which the City's hydrogeology expert testified would allow accelerated transport of any contaminants released from the DME well to reach the City's municipal water supply at Red Gap Ranch. As stated, if attempts are made at helium exploration near Red Gap Ranch, if needed, the City will file a legal action seeking to enjoin such exploration.

Mayor Daggett and Solomon declined further comment on the litigation itself. For other questions, please reach out to Sarah Langley, the City's Public Affairs Director at [email protected]

###