The Green Party's water spokesperson is disappointed but not surprised with the Ashburton District Council choosing to keep hold of a controversial water consent on its business estate.

Despite a 40,000 signature petition the council is refusing to put lot 9 off the market, which comes with a consent to take 40 billion litres of water from a local aquifer.

As a result a local lobby group is now fundraising for $90,000, so they can take ECAN to court for a judicial review about the consent being granted in the first place.

Jennifer Branje of lobby group Bung the Bore explained the decision to opt for court.

"We've listened to our community and we have done what they asked us. Their distinct option two was to go for legal action if the Council didn't adhere to what we asked them to be doing, and that's what we'll be doing."

Green MP Catherine Delahunty said it was always a possibility the council would want to keep their options open, so she supports the possibility of legal action.

"ECAN are the ultimate arbiter of water management in their region. They need to be held to account for not listening to their people and not looking after the water resources for future generations.

"It's just a pity that community groups, with very few resources, have to do these kind of actions in order to get the questions answered about the future of their water."