PATAGONIA, Ariz. (KGUN) — A growing number of Patagonia residents are raising alarms over a proposed agreement from Hermosa Mine operator South32 that could impact their access to groundwater and potentially their legal recourse if it disappears.
In early June, South32 sent letters to several well owners in the region, including residents like John Nordstrom and Rebecca Ball. The letters outlined a “voluntary” Well Protection Program in which the company would monitor groundwater levels and offer assistance.
However, some Patagonia residents say the program requires they agree to hand over certain rights tied to their wells.
“The document, as written, is very one-sided,” said Nordstrom, a geologist who once worked in the oil and gas industry and who now lives near the Mowry Mine just outside Patagonia. “I’m soliciting legal advice to make some changes to the document and provide a counterproposal. I don’t know where this is gonna go, but I have no intention of selling.”
Nordstrom says his well, located within the “cone of depression,” the area where South32 is pumping water to prepare the site for mining, has already dropped by 14% since Christmas, and 85% since last year. Nordstrom says he used data provided by South32, which has been monitoring his well water levels since 2021.
According to the U.S. Forest Service’s Draft Environmental Impact Statement, wells within the cone could experience groundwater declines exceeding 10 feet over the course of the project.
Nordstrom says his situation provides a cautionary tale for other Patagonia residents. “When the water level starts going down, it’s going to affect the highest point in the Cone of Depression first, and that’s me,” he said. “But eventually it’s going to affect the entire community.”
South32's agreement would remain in effect through May 1, 2055, or roughly the lifecycle of the mine’s operations. In exchange for signing, landowners would receive support at South32’s expense, such as lowering pumps, deepening wells or providing alternate water sources if water levels are affected.
However, residents say those benefits come at a cost. According to the agreement, participants must waive all claims against the company for property or water damage related to the Hermosa Mine’s operations.
“I either need to sign this agreement with these people or I don’t have anything to fall back on,” said Ball, another Patagonia resident who received the letter. “Now I’m afraid that I’m not going to be able to sell my home. Things are not selling, and I don’t know what to do.”
When asked what she would like to see done about the situation, Ball said she wanted “for them to play fair with us. They came to our community and I don’t expect them to ruin it.”
WATCH ONLY KGUN9.COM | PATAGONIA NEIGHBORS WEIGH IN ON WELL CONCERNS
Resident Bob Paulsen worries about plummeting home values if the area’s wells run dry, along with other potential issues caused by mining activity.
“I would worry about the community’s water and air and ecosystems but beyond that, it’s my property,” he said. “I don’t know who would be interested in buying a house in such uncertain well conditions. I think it’s just going to turn away any prospects for the home, unless you give it away.”
Paulsen thinks South32’s letter was “brief and rather vague in what they would do.”
He wants to see more outreach from the company with community members.
“I would like to have them answer a few questions and listen to what we have to say, listen to our concerns,” he said.
In a statement provided to KGUN 9, South32 says the initiative is a proactive outreach effort, not a requirement.
Full South32 statement:
South32’s Well Protection Program is a completely voluntary initiative—not required by any permit or statute—developed by South32 in the spirit of good faith and proactive community engagement. Our intention is to work directly with landowners who could be affected by potential long-term groundwater changes associated with the Hermosa project’s water management activities.
Key facts about the program:We encourage open and constructive conversations about the Hermosa project and water protection. We are committed to doing the right thing—through science, dialogue, and long-term accountability.
- Voluntary Participation: No landowner is required to sign the agreement. It is offered as a resource and support mechanism.
- Transparency and Protection: The program provides participating well owners with baseline and ongoing monitoring, and if water levels are impacted by the Hermosa project, South32 commits to mitigating that impact—including measures such as lowering pumps, deepening wells, or providing alternate water sources.
- No Immediate Impacts Expected: While the Draft Environmental Impact Statement indicates that groundwater levels may change over time in a modeled area known as the “cone of depression,” most wells are not expected to experience immediate effects. Our program is designed to plan ahead and offer solutions in advance of any potential impacts.
- Case-by-Case Conversations: South32 is scheduling individual meetings with affected landowners to explain the agreement, answer questions, and incorporate feedback. Our hydrogeologists will be present to support those discussions.
- An Extension of an Existing Program: The Well Protection Program expands our existing voluntary well monitoring efforts to include newly identified wells from the United States Forest Service’s DEIS modeling. It builds on a longstanding commitment to monitoring water quality and availability in the area. South32 initiated a voluntary well monitoring program in 2021 for private well owners located within three miles of the Hermosa project area. We are actively monitoring 23 private wells as part of this effort.
Still, Patagonia residents remain wary of how long that accountability will last, and whether the future of their homes and water supply will be left dry in the dust.
“I understand that the mine needs to be here, and they’re going to be here,” Ball said. “But there needs to be some limitations on our water. We live in Arizona. It’s important.”
South32 says it is meeting with affected landowners individually and named Troy Kimball, Lead Communities, as the point of contact.
——
Joel Foster is a multimedia journalist at KGUN 9 who previously worked as an English teacher in both Boston and the Tucson area. Joel has experience working with web, print and video in the tech, finance, nonprofit and the public sectors. In his off-time, you might catch Joel taking part in Tucson's local comedy scene. Share your story ideas with Joel at joel.foster@kgun9.com, or by connecting on Facebook, Instagram or X.
----
STAY IN TOUCH WITH US ANYTIME, ANYWHERE
