The Flagstaff City Council voted unanimously on September 16, 2025, to authorize the City Attorney to take all necessary steps to protect the city’s regional water resource at Red Gap Ranch from potential impacts of helium exploration. This authorization includes the possibility of filing a new lawsuit if needed. The city stated it is not currently aware of active helium exploration near Red Gap Ranch but will continue efforts to safeguard its resources.
This action comes after the Arizona Supreme Court declined to review a previous Court of Appeals decision regarding Flagstaff’s original litigation against Desert Mountain Energy (DME). The earlier ruling found that the initial approval for legal action was ineffective because it occurred in executive session rather than an open meeting. The City and the Arizona League of Cities and Towns had asked the Supreme Court to reconsider, arguing that Arizona’s Open Meeting Law supported their approach. In its submission, the League said, “If the Court of Appeals’ opinion stands, the League’s members are concerned about eroding protections in the Open Meeting Law.”
Flagstaff City Attorney Sterling Solomon commented on next steps: “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.)
The original lawsuit filed by Flagstaff in 2020 claimed that water quality at Red Gap Ranch was threatened by DME’s newly drilled helium extraction well located two miles upgradient from city property. According to testimony from Flagstaff’s hydrogeology expert, contaminants released from this well could move quickly through fractured bedrock and reach municipal water supplies at Red Gap Ranch. DME denied any risk posed by its operations.
Mayor Becky Daggett and Sterling Solomon declined further comment on ongoing litigation.
For additional information, inquiries can be directed to Sarah Langley, Public Affairs Director for Flagstaff.
