ARIZONA STATE LEGISLATURE

 

RURAL WATER LEGISLATIVE STUDY COMMITTEE

 

Minutes of the Meeting

Friday, January 27, 2006

10:00 a.m., Senate Hearing Room 109

 

 

 

Members Present:

Senator Jake Flake, Chair

Representative Jack Brown

Senator Marsha Arzberger

Representative Nancy McLain

Senator Robert Cannell

Doug Mellon

Frank Dickens

Bill Richardson

Karen Fann

David C. Roberts

 

Dr. Doyle Wilson

 

 

 

 

Members Absent:

Deric Knight

Representative Tom O'Halleran

Tommie Martin

 

 

 

Staff:

Fred Breedlove, Senate Natural Resources and Rural Affairs Analyst

Daniel Anglin, Senate Natural Resources and Rural Affairs Intern

 

Chairman Flake called the meeting to order at 10:15 a.m. and attendance was taken.

 

PRESENTATIONS

 

Bob Strain, Mayor Pro-Tem, City of Sierra Vista, Chairman, Upper San Pedro Partnership Advisory Commission, distributed a handout, Upper San Pedro Partnership (Attachment A). He stated that the presentation will talk about some of the background of the partnership, what the Partnership is, what the situation is, what the growth picture looks like and where water fits into that growth picture.  He said the presentation will also talk about the Partnerships legislative agenda and what has been accomplished over that last seven years.

 

Pat Call, County Supervisor, Cochise County, Vice Chair Upper San Pedro Partnership, gave a power point presentation and gave an overview of the following points:

 

In answer to Senator Flake, Mr. Call stated that all 21 bureaucracies agreed on the new legislation the Partnership is pursuing.  He noted that the Department of Water Resources (DWR) calculated 312 gallons of water is used per day, per person on the non-regulated subdivisions.

 

In answer to Mr. Dickens questions, Dr. Holly Richter, Nature Conservancy, Chairman, Technical Committee, stated that studies over the past several years have provided some of the information that is used to determine depletion rates.

 

In response to Mr. Dickens questions, Mr. Call stated that the County has no control over lot splits.  He said that to his knowledge, the Brophy family has not finished setting up trust lands for conservation. 

 

In response to Ms. Fann, Mr. Call stated that the new subdivisions have restrictions on their water use.  The new subdivisions do not have to go onto a recharge treatment facility. 

 

Mr. Strain continued with the presentation, covering the legislative impediments and the following points:

 

Mr. Strain stated that adequate water supply is not the issue, maintaining the water table at the river is in fact the issue.

 

Mr. Strain stated that the Defense Authorization Act is another issue the Partnership has to deal with.  For that, there has to be an annual report to Congress about its efforts to reach a sustainable goal in the sub water shed.  He said that if the water levels are not maintained, then Fort Huachuca will shut down.  The irrigation non-expansion project is part of the legislation the Partnership is trying to put forward. 

 

Dr. Richter stated that it is not believed that what has been done so far is sufficient.  She said that the Partnership has new funding challenges, however is being reorganized to be more pro-active.

 

In response to Senator Cannell, Dr. Richter stated that knowing how much water can be drawn from the aquifer is a very complex question.  However the fact that the deficit has been reduced by two-thirds is a very good start.  More projects need to come on line to meet the requirements by 2011.

 

In response to Senator Flake, Dr. Richter stated that brush invasion is a real problem and is the focus of a fire management program.

 

MaryAnne Black, fourth generation Arizona rancher, distributed a letter (Attachment B) from the Conservation.  There are many cures besides an irrigation non expansion area or a management area.  Too many of the farmers and ranchers are leaving due to the pressures being put on them.  A public meeting has been set up with little notice for all the people who are most impacted by the proposals. 

 

Robert S. Lynch, Water Attorney, stated that there are some technical problems with SB 1141. 

 

Fred Breedlove, Senate Natural Resources and Rural Affairs Analyst, explained SB 1141 (Attachment C) and explained that there would be an amendment offered in the Natural Resources and Rural Affairs Standing Committee meeting.

 

Alan Stephens, Chief of Staff, Governor’s Office, spoke for possible future legislation and explained the Governor’s concept.  The concept is for local water partnerships to get tools based on their specific situation to manage their own water resources.  It would create a special district which would allow local watershed groups to set goals, develop a plan, and acquire the funding to implement it.  The concept would also give the local groups the authority to manage their own water resource objectives and projects.   It is not a one size fits all concept. 

 

In response to Mr. Mellon, Mr. Stephens said that the local districts would set up an elected or appointed board to oversee the various projects and apply for funding.

 

Senator Flake asked how the districts would be drawn up geographically.

Mr. Stephens said that the districts would not be any bigger than the watershed, but the exact way the districts would be divided is something that still needs to be determined.  He requests that all the stakeholders to meet with his office to work out the specifics.  He stated that his office has reached out to rural Arizona to find out what ideas are out there and what their needs are.  He recommended implementing a fund and working on legislation over the next year or year and a half to appropriate the fund. 

 

Senator Flake stated that one of his main concerns is that legislation and solutions to these problems are not done in portions.

 

Herb Guenther, DWR, stated that there are some area watershed groups and partnerships that are already set up and/or trying to get organized.  He said that a lot of them are trying to find out what they need to do and how to get the tools to achieve their goals. 

 

In answer to Ms. Fann, Mr. Stephens stated that there is no bill for the Governor’s plan as of yet and the Active Management Areas (AMA) would not be included because they are covered under the 1980 Ground Water Act. 

 

Representative Brown stressed that these things not be put off.  He said that has occurred.  He said that it is important that management be left at the local level.  He said they need to get things going and get something accomplished.

 

In response to Senator Arzberger, Mr. Stephens said, yes she was right, this is a beginning and one of the first steps is to get together with the community to get a district set up and figure out what type of plan they need.  He stated that DWR would advise and assist but not regulate.

 

In response to Mr. Roberts, Mr. Stephens stated that whoever has the water rights needs to be taken into consideration, but if the districts have to wait for adjudication it may come too late.   Mr. Stephens said he spoke with the judge involved and agreed to get some funding going to support the courts and keep the process moving forward.

 

There being no further business, the meeting was adjourned at 2:10 p.m.

 

                                                                                    Respectfully submitted,

 

 

 

                                                                                    Shelley Ponce

                                                                                    Committee Secretary

 

(Tapes and attachments on file in the Secretary of the Senate’s Office/Resource Center, Room 115.)

 

 

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Rural Water Legislative Study Committee

Friday, January 27, 2006

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