As opposed to the "significant hardship" that Prescott would suffer from a delay, the Salt River Project would not experience "irreparable injury" from allowing next week's appeal on the city's assured water supply to proceed.
So ruled Maricopa County Superior Court Judge Andrew Klein Tuesday in response to the lawsuit that pitted the Phoenix-area public water and power utility SRP against the City of Prescott and the Arizona Department of Water Resources.
And that ruling means that the appeal proceedings that the state earlier scheduled for Feb. 9-11 in Prescott to consider ADWR's November decision entitling Prescott to pump 8,067 acre-feet of water from the Big Chino sub-basin likely will take place.
In a 10-page ruling, Klein found in favor of the city and ADWR on each of the issues that attorneys argued in his courtroom this past Thursday.
SRP and two Indian tribes - the Yavapai-Apache and Fort McDowell Yavapai nations - had argued that the state's decision to exclude them from the appeal hearing was arbitrary, and that they had a right to be involved because of their downstream claims to Verde River water.
But Klein agreed with ADWR that Arizona law is clear in stating that only residents of the local Active Management Areas are eligible to object to ADWR's assured water supply decisions.
"The statute does not say that non-residents with valid interests may also file objections," Klein wrote in his ruling. "There is no ambiguity in this language and no question as to its meaning."
The judge also rejected the argument by SRP and the tribes relating to the effect Prescott's withdrawal of groundwater from the Paulden-area Big Chino sub-basin would have on their downstream rights to the Verde River.
"The problem with this analysis is that the subject of the administrative hearing in Prescott on Feb. 9-11 is not about SRP's or the Nations' downstream...rights to the Verde River, but rather it's a hearing regarding application for Assured Water Supply," Klein wrote.
He added that the utility company "has no valid interest in that groundwater," and that "even SRP concedes that it's not possible at this point for anyone to prove that the Big Chino is subflow (of the Verde)."
Klein also emphasized that both SRP and the Indian nations would have the opportunity in other legal forums to argue their cases "well before transportation and withdrawal of (Big Chino) water occurs."
On the other hand, Klein said a delay in the appeal proceedings could cause Prescott "significant hardship" in several areas, including its: finances, ability to meet obligations as a municipal water provider, and land-use planning.
Officials with Prescott and its Big Chino Water Ranch partner Prescott Valley expressed satisfaction at Klein's ruling on Tuesday.
City Attorney Gary Kidd noted that the city was now "looking forward to the ADWR proceedings moving forward and ensuring Prescott's future water supply."
And in a joint written statement, Prescott Mayor Jack Wilson and Prescott Valley Mayor Harvey Skoog said, "We believe the judge's ruling correctly applied the law in this area, and is an important step toward securing the Prescott area's water future."
SRP officials were unavailable for comment late Tuesday.
The dispute centers on the plans by Prescott and Prescott Valley to build a 30-mile pipeline to import water from the Big Chino sub-basin, which is near the headwaters of the Verde River. SRP claims senior downstream water rights to the Verde, and has maintained that Prescott's pumping would impair those rights.
Posted: Thursday, February 05, 2009
Article comment by:
Eric Frizzell
What are the chances of federal law (and EIR) trumpting (or abusing) state law, or vice versa, here? I am a journalism major at Yavapai College.
Posted: Thursday, February 05, 2009
Article comment by:
Chuck Bordenave
CURIOUS OBSERVER, you are exactly right!!!!
Posted: Thursday, February 05, 2009
Article comment by:
No name provided
To check brain: I agree with the presumption that "any landowner in the Big Chino has the right to pump water from their property for beneficial use on their property". But SRP has sued individuals in the Verde Valley for doing just that, claiming the water below their land was river water. The same claim is being eluded to for water in the Big Chino aquifer. If the Verde River is connected to groundwater 12 miles away, then so is everything in between. How could anyone be found responsible without including everyone. You may not have your head in the sand, but you might take off your blinders. They have limited your ability to see beyond one very narrow viewpoint.
Posted: Thursday, February 05, 2009
Article comment by:
Curious Observer
I have a question for current Prescott and Prescott Valley Residents. From my limited understanding of the proposal, the water being sought from the Big Chino is not only to solidify existing supplies that support existing developments and residents, but will be used to allow for future development of private lands (as pointed out already). So heres the question: Do you support the continued population growth in Prescott and Prescott Valley, are you willing to pay more in taxes to provide for the infrastructure needed for this growth and suffer the future consequences? You must know that the cities and counties wont charge impact fees from new developments sufficient to cover those costs! Developers and wealthy land owners will fight that to the bitter end. Law of supply and demand dictate that if growth is limited by water availability, your property values will increase, because Prescott is a desirable place to live.
Posted: Thursday, February 05, 2009
Article comment by:
Not a Loss
To No Name:
The article is incorrect in several points (surprise!). SRP didn't lose anything. The judge declined to issue injunctions and restraining orders. The constitutional issue remains open, to be decided by Judge Klein later this year. The judge noted that SRP is effectively represented at the OAH hearing by other appellants.
Prescott/ADWR are trying to narrow the case to the barest legal(?) requirements. Concern for the river or other water users is not evident. Prescott/ADWR are trying to prevent evidence challenging the validity of a 100-year assured water supply (global warming, population growth, ESA actions, other demands on the aquifer, etc). Even if the hearing evidence is restricted, there will be plenty of other chances for SRP to make it's case, and they fully intend to do so. This thing is not even close to legal resolution; it will be years and years...
Posted: Thursday, February 05, 2009
Article comment by:
check brain before speaking
To Foiled: First, any landowner in the Big Chino has the right to pump water from their property for beneficial use on their property. SRP has not and can not intervene in that. Second, your assertion that the destructive effects of Big Chino pumping on the Upper Verde are "totally unfounded in facts" flies in the face of decades of peer reviewed scientific evidence and expert opinion, and the opinion of Prescott's consultant. The only stretch here is your neck, holding your head in some dry sand. Please take the time to learn a bit about the issue.
Posted: Thursday, February 05, 2009
Article comment by:
No name provided
Dear SRP is foiled, I agree whole heartedly. To Creagan and PO'd in Paulden: If I were you, my concern would be that SRP and the activists do not prevail. They are claiming your wells are taking water from the Verde River too. SRP is not saying so, but there are activists portrayed as "scientists" who claim every drop you drink is reducing the river's flow by an equal amount. Don't be alarmed though, there is no evidence to support the claim.
Posted: Wednesday, February 04, 2009
Article comment by:
SRP is foiled again!
This judge's ruling was pretty easy to make, and he made it the way I thought he would. People somehow have latched onto this notion that pumping water from the Big Chino will certainly run the Verde River dry. Which is a real stretch and totally unfounded in facts. They really have no idea where the water in the Big Chino even comes from. Years ago ranchers pumped tons more water out of there than Prescott/PV will ever pump. What SRP is doing sounds like a very "green" thing to many, but what they're actually doing is meddling in water rights so they can sell water to parties up here because they can't get their own from the Big Chino. Plus, SRP is borderline paranoid about the west limb of the Verde (which is pretty minimal as far as their water sources are) I realize nobody reading this really cares about this point, just pointing it out.
Posted: Wednesday, February 04, 2009
Article comment by:
PAUL F. MILLER
I view this as but the first shot across the bow of the SRP juggernaut and one they will put into their memory bank. The water issues faced by Prescott and all communities along the Verde or Salt Rivers is just beginning. A comment I read from another is on point, "we" - that's you and me - permit "them" (ADWR/ADEQ) to lock us out of most all discussions about OUR water, why...? What is it we are afraid of...? They are to serve and protect US not other interests.
Posted: Wednesday, February 04, 2009
Article comment by:
Quick try the back door
OOppps! From what I was reading a few days ago according to the Econs, the SRP gorilla was going smush these blood sucking river wreckers in Prescott.
It is also very ironic to realize that the ADWR does not understand basic water science... that the water molecules flowing on top of the ground are just a continuation of the water molecules flowing directly beneath it; and visa versa. That drawing down the Big Chino aquifer will draw down the Upper Verde River and construct another desiccated riverbed in Arizona. All this so we can make wealthy developers even more wealthy when their lands are annexed into the city limits; therefore greatly increasing their property value. This will greatly increase the population of COP and PV. This will cause even a greater population to be more and more dependent on a non-sustainable, out-of-safe-yield aquifer... the Big Chino.
Posted: Wednesday, February 04, 2009
Article comment by:
P.O.'d in Paulden
The ADWR already dismissed our concerns, so who IS on our side ? Let the court battle begin and to coin a phrase from the 60's, "Power to the People" ! I now know what they meant.
Posted: Wednesday, February 04, 2009
Article comment by:
Creagan McConnell
The Paulden Area Community Organization (PACO) understands the frustrations of SRP and the tribes in dealing with this issue. The residents of Paulden will also be affected by the Tri-City Pipeline project and to date have not had a say in the proceedings because we reside outside this local AMA. If the AMA is unwilling to give voice to those affected outside their boundaries then they should not be allowed to aquire water from beyond their boundaries. Many experts have raised concern over the pumping of the Big Chino sub-basin because of the negative impact it will have on Paulden area's private and public wells and the Upper Verde River.
Posted: Wednesday, February 04, 2009
Article comment by:
Nancy Shelton
It's ironic that law allows Prescott to withdraw water from outside the AMA, yet only allows AMA residents to participate in rule-making concerning that water.
