State Legislative Issues
and Updates
Synopsis of 2007 legislation on water—
Can we do better in 2008?
ADWR workshops to explain new legislation on water adequacy*
What are the major problems within AMA's?
Water experts in 2001 Governor Hull's Commission Report (summary) * dealt with problems within Active Management Areas (AMA). It outlined three major problems in these "managed" areas. Forty-nine persons met over 200 times over a year and a half to come up with a viable plan with an appropriate list of needed legislation. The Arizona State legislators effectively ignored it—no bills were passed. See HB2582.
This report was called by the Governor because of a scathing report on Arizona water management that appeared in the July 2000 issue of U. S. Water News headlined: Arizona facing water crisis with growth. It was cause for alarm, Arizona was getting national recognition for its lack of water management. In spite of the recommendations by the water experts of the Governor's commission, the legislators avoided passing a single bill. The conditions outlined in the U. S. Water News report still exist today.
Governor Hull's Commission principal recommendations within AMA's:
1) Limit exempt wells
2) Identify specific riparian areas and limit pumping adjacent to prevent draining
3) Allow AMA’s to create sub-basin―smaller management areas, needed in such areas as Arivaca and Queen Creek. *Entire report
A major component of the problem is that in order to help developers continue to develop in "managed" areas that could not fulfill the recharge requirements, in 1993 the state legislators enacted the Groundwater Replenishment District scam.
What about outside the Active Management Areas?
There's no regulation at all. For the past year, the Department of Water Resources held meetings throughout rural Arizona to record their needs with the idea of giving local muncipalities control of development in their region. With careful and intelligent consideration, Department of Water Resources wrote the bills to help rural areas, especially ones with water problems caused by over development.
The legislators without any knowledge of the situations—you can be sure they didn't go out to the sticks to conduct intelligent surveys—changed the ADWR recommended bill from its original form. (See story below.)
Again, the rive rs are not protected from groundwater pumping. With the passing of the current legislation, the State will be giving Prescott Valley low cost loans to build a pipeline up to the headwaters of the Verde River and pump it dry. What will they do then!!
Our Legislators let us down!! Water regulation loses again!!
This week, our legislators continued with the heritage of the 1980 Groundwater Code: Do nothing. I can’t see that doing nothing requires legislation, but that’s the rule in arid Arizona. We have had Governor Hull’s Water Commission Report in 2001, Governor Napolitano’s “Water-Listening Forum” and Town Hall in 2004 and the Statewide Water Advisory Group in 2006. Yet the legislators refuse to follow the advice of experts.
Specifically, they voted to enact a water adequacy requirement for new developments outside of AMA’s if there is a unanimous vote by the city council or board of supervisors. How can people in rural areas, with councils and boards made up of the vested interests, ever hope to get anything accomplished with this regulation? So much for democracy where majority rules.
It’s not like the bill would have done much anyway. The ridiculous 100-year water supply certification allows sucking the water table down to bedrock or 1,200 feet (whichever comes first) within 100 years (if there is no drought or exempt industry that can pump all they want in your area) before curtailing development. The law does not protect surface water or riparian areas—it doesn’t even protect water in conservation areas, national forests or wildlife refuges—so there is plenty of concern that Prescott Valley will proceed with its plan to drain the Verde River. Note that fish, birds, and animals have to have surface water to survive- 1,200 feet is not going to help them at all.
ADWR workshops to explain new legislation on water adequacy
Many who live in AMA areas (where CAP water is not available) are suffering the same consequences. Where I live the depletion is 40,000 acre feet annually, yet ADWR is still doling out 100 year water supply certificates to development! Because of the Groundwater Replenishment District scam—the Green Valley area will never have “safe yield” that is mandated in AMA’s.
I advise everyone to gather information on the well levels in their area and if there is cause for concern, contact your legislator now. Further, send me the info, as I am compiling a list of critical water areas, so we can all work together. Every university and state water agency’s statistics (some 2,000 pages every year from USGS, Bureau, ADWR and universities) show that Arizona will be in a water crisis by 2025. So when the water table is sucked down to bedrock or 1,200 feet—what are we going to do? I suggest we put that plan into place now!
Report from East Valley Tribune
Who is willing to make the tough decisions about water?
In the last legislative session (2007) both the House and Senate committees on water and natural resources have passed a bill to assist rural Arizona towns plan and implement their water future, accompanied by a second bill to establish a fund to help them do so.....
Any water expert, even in government agencies, will tell you: Arizona is on a course of planned depletion. First, no expert anywhere understands why Arizona law does not connect surface water and groundwater. Well, we are the “last frontier”—which I hope does not translate into the “past frontier.” So Prescott dries up the Verde River. So agricultural pumping dries up the San Pedro. So we pump water for 100 years until the water level is down to bedrock or 1,000 (in AMA's) 1,200 feet (outside AMA's with unanimous vote of governing body)—what do we do then?
May I be so bold as to suggest that we take those measures now and not wait until we have sucked the water table down to bedrock or 1,200 feet? For full report . . .
GET INFORMED: Water Info Sheets—
ARIZONA WATER INFO SHEET—NO. 1 (sent to AZ Legislators 4/11/07)
Protecting Habitat
ARIZONA WATER INFO SHEET—NO. 2 (sent to AZ Legislators 4/19/07)
Assured water supply
Status of current applications
ARIZONA WATER INFO SHEET—NO. 3 (sent to AZ Legislators 5/4/07)
Colorado River Water, ie. CAP: A blessing or a dilemma?
ARIZONA WATER INFO SHEET—NO. 4 (sent to AZ Legislators 5/17/07)
Arizona Groundwater Code
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ARIZONA WATER INFO SHEET—NO. 5 (sent to AZ Legislators 6/1/07)
Landmarks in Arizona Water Planning
As you will see by the following reports, there has been an increased concern for water management in Arizona since 2000. CAP water did not solve all water problems because 80% of land area does not receive CAP. The following reports are long, ponderous and repetitive, so you won't have time to read them all--but knowing of their existence does seem important. Keep in mind that you are being spared another 2,000 pages of technocrat reports written annually on Arizona water by universities and USGS.
Below is a brief summary of each part. For the entire report, see Landmarks in Arizona Water Planning
1963 USGS Report
“Arizona’s water problem is grave. The beautiful scenery, fine climate and fertile soil, like those of other southwestern states, have combined to entice an even larger number of people to settle there, and water demands have grown accordingly.”
1980 Groundwater Code
The plan was to get heavy agriculture use off of groundwater. The farmers did not cooperate, and urban sprawl was mushrooming in both Phoenix and Tucson.
Summary of Code
1985 Colorado River water arrives in Arizona
CAP was to solve all Arizona’s water problems. (Future Water Info Sheet will detail CAP’s history in Arizona). Fifteen years later a report came out in U.S. Water News, indicating otherwise:
2000 U.S. Water News Online
"Arizona facing water crisis with growth"
If Arizona doesn't manage its water better, some of the state's shiny new cities could dry up like the deserts they sprang from.
2002: Governor Hull’s Water Management Commission Report
Governor Hull's Commission principal recommendations for the AMA’s
1) Limit exempt wells
2) Identify specific riparian areas and limit pumping adjacent to prevent draining
3) Allow AMA’s to create sub-basin, or smaller, management areas, needed in such areas as Arivaca and Queen Creek.
Legislative Package
2004: Report by Arizona Policy Forum Outlines Risks of Rural Water Situation
The report recommends legislative enactment of new laws to achieve three "policy goals":
1) Require that a long-term physical water supply must be demonstrated before new residential development is allowed to proceed.
2) Allow a new well to be drilled to serve a new residential use only if there is a 100-year water supply for the proposed use.
3) Establish a state program of impact fees on new residential development to provide matching funds for water resources planning, acquisition and infrastructure to applicants demonstrating significant problems meeting current or projected residential water demands—with an early emphasis on assisting rural areas." 2004: Eighty-Fifth Arizona Town Hall "Arizona’s Water Future: Challenges and Opportunities”
“Water is the lifeblood of Arizona's vitality, lifestyle and growth. Fortunately, Arizona's leaders, from the time of statehood and even before, had the vision and foresight, intelligence and tenacity to plan and implement policies and projects to develop a reliable and safe water supply. Current and future leaders must step forward in today's climate of further unprecedented growth and current drought conditions to continue that safe and reliable water supply. Following are just a few of the major recommendations that the record-setting 177 participants at the 85th Town Hall developed that reflect what they believe must take place to accomplish the mission of maintaining a reliable and safe water supply for the future.” 2004: Governor’s Water Listening Session/Tucson & Phoenix
No transcript or list of persons who commented was ever made available.
If any action was taken, it is not apparent.
Comments were made by Holly Richter, Upper San Pedro Program Manager, The Nature Conservancy in Arizona.
Comments from Tucson Groundwater Users Committee.
2006: Eighty- Eighth Arizona Town Hall: “ Arizona’s Rapid Growth and Development: Natural Resources and Infrastructure” Report
At the conclusion of two Town halls held in 2006, the participants were asked to rank priorities for Arizona, Water Resources came in second, after land use. Under water resources, they prioritized three strategies:
1) Maximize conservation strategies and efforts.
2) Develop strategies for sustainable future water supplies.
3) Develop measurement and regulation of resources, particularly outside Active Management Areas.
2006: ADWR Rural Water Supply Development and Management (SWAG)
There was general agreement about the need for cities and counties outside of active management areas (AMA) to have the authority to require the demonstration of water supply adequacy before a subdivision is approved.
Arizona Water Resources (ADWR) recommended bills for 2007 legislative session 2007 Tucson Town Hall Given the rapid growth of Tucson, the rest of Central Arizona and the State, the following is recommended to the Tucson Business Community. Is someone trying to tell the Legislators something? And why aren't they listening? |
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Get Involved—
Timely Action Items!
The Governor has a strange definition of water awareness
Phone the Governor on current mining and water issues including Grand Canyon & Rosemont hearing
(Copy and print this flyer for your meetings)
Talking-Writing Points for Rosemont Mine Hearings
Danger of Uranium and Heavy Metals to water and humand and animal of Rosemont Mine
Get Educated
What the Tucson media does not tell you!
Water Facts: Interviews witih water experts on Access Tucson TV
Interview with Ken Seasholes
Manager Tucson ADWR
June 16 & 23 at 6:30 pm,
Channel 72/120
—or watch on Internet
same time and channels
Subsidence Power Point
from May 14 program
Water Banking Power Point
from April 30 program
CAVSARP: Power Point
with data tables from Feb 6 program
CAP: Central Arizona Project
Power Point from Mar 5 program
Tucson Water statistics
Power Point from Apr 2 program
Breaking News
AP reports—Will Dams again Rise across the West?
NY Times reports— Lake Mead Could Be Within a Few Years of Going Dry
EDRO reports—Drying Aquifers, Sinking Cities
Star reports—Lake Mead and Powell are imperiled, scientists warn
National Geographic reports—
Drying of the West
Drying of the West Photo Gallery
American Architech Institute Releases Report on Tucson's sustainability
A Sustainable Design
Assessment Team Report
"One Million Reasons to Plan
for Sustainable Growth"
Tucson, AZ
Arizona Appeals Court rules against Phelps Dodge
(What was the price tag for taxpayers to have a ruling to leave water in a river?)
Data on Regions
with Critical Water Issues
Tucson
Map of Tucson Active Management Area (AMA)
InSAR Subsidence Map of Tucson Region
Tucson's CAVSARP Facility
50 Year Water Plan
Plan for Growth
Consumer Protection Act of 1994
Water Cutoff Forces Planning
Tuscon Community Conversation on Water
Prop 200 info
Certainly, many intelligent people in Tucson have questioned the expense of bringing Colorado River water to southern Arizona. Of course, anyone who uses water in Tucson knows the quality of the water there has decreasedbut all of us were shocked when the Colorado River made the top of the list of America's most polluted river in 2004. And what has happened to the water?
Every person in making their living from Arizona's water dilemma will say: The problem is that when they divided up the Colorado River water, there had been a wet season; therefore, they miscalculated. the total river water available.
CAP Mystery Question:
The water authorities give excuses that when they figured the allocations it was during a wet period. Forty years passed before they initiated the project—why didn't they revise their numbers!!
This has been another story of the lack of sensible, logical management of water in the Southwest.
CAP Water Quality Data:
First, data from Tucson's traditional groundwater:
Total Dissolved Solids 322
Hardness 115
Sulfate 44
The numbers for CAP :
Total Dissolved Solids 603-8
Hardness 280
Sulfate (mg/l) 270-80
Sodium (mg/l) 92
Water Withdrawal Figures:
Arizona Groundwater Use in 2000*
Municipal 14%
Agriculture 80%**
Industrial <1%
Mining 3%
**Note: we need to start distinguishing between water used for food crops and water used for subsidized crops. Growers of high-water-using crops of cotton and alfalfa are subsidized by state with free water and subsidized by federal with cash payments.
Other Key Areas with critical water problems in Tucson AMA :
Green Valley
Current Info on plans for cooperative effort:
1) Presentation of plan for
coalition (power point)
2) County report on possibilities
and plans for water supply
3) Water users group formed
4) Report sent to water users group
Saguaro National Park
Arivaca
Bisbee
Cave Creek
Dragoons
Kingman
Navajo Nation
Oro Valley/Saddlebrook
Patagonia
Prescott/Prescott Valley/Verde River
Rincon Valley
Safford
Santa Cruz AMA
Sahuarita
Sierra Vista
All it would have taken to solve the problem is to eliminate the agricultural pumping of groundwater along the river. Buy the land and water rights—cheaper for the taxpapers who are funding reams of studies. A river has no right to water in Arizona.
Tucson
Wilcox/Benson
Send us info and we will add your area to the list
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Possible Solutions:
2001 Report: Water Conservation in Pima County
Report of effectiveness of Groundwater Recharge Basins in Chandler, AZ
(patience, it's long)
Thanks to Chandler Water Dept. for sharing this wonderful report!
Photos of Chandler Projects
Barriers and Dams in Rivers
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Groundwater Awareness League works with other non-profit environmental groups involved in conserving water in Arizona:
League of Conservation Voters
Friends of the Santa Cruz River
Center of Law in the Public Interest
Arizona Public Interest Research Group
Sonoran Institute
Save the Santa Ritas
Sierra Club
Sustainable Tucson
Sky Island Alliance
Dragoon Conservation Alliance
Friends of Madera Canyon
Coronado Ranch project
Relevant Definitions
Assured water supply—applies to the five active management areas: Prescott, Maricopa, Pinal, Tucson and Santa Cruz.
Assured
water means there is a water
Adequate water supply—applies to rural areas outside of Active Management Areas. Adequate water means there is adequate water for pumping down to bedrock or 1,200 feet within 100 years.
CAP = Central Arizona Project. A canal that brings Colorado River water to three Arizona counties with the highest water use: Maricopa, Pinal and Pima.
Recharge—water put back into an aquifer or water supply by natural means of rain water or other means, such as effluent and CAP.
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AZ Water 101
Basics in water management
New releases from U of A Water Resources
Water Stakeholder Survey
Survey of stakeholders in the area shows remarkable consensus on a number of issues
Layperson's Guide to Arizona Water
Idaho Museum of Natural History
Groundwater Primer
U of A Water Resources, Director
Meeting Water Demands in Central Arizona
Protecting Water in Public Lands
(Copy and print this flyer for your meetings)
See YouTube on Protecting Water
How to get water certification if you are a developer
"...you may ask yourself, how does Black Acre show compliance with the management goal?
The answer is easy. Enroll Black Acre (less the golf course) in the Central Arizona Groundwater Replenishment District ("CAGRD"). . . ." —
and much more!
How to get water if you are a mining corporation
"This type of permit is a “shall issue”
permit that must be granted unless reliable alternative water supplies... are available at comparable costs "
Water Studies??
We have water studies—some 2,000 pages annually on Arizona water depletion. How much money do Arizona and U.S. taxpayers pay for these reports? Still not a single project for a solution in place!
Arizona Water Institute
When are we going to solve the water problems for which we have reams of data? Water is disappearing and trees are endangered! In 1980 President Carter forced Arizona to get a Groundwater Code!
The Arizona Legislators passed a code that gave away forever the rights to 85% of the state groundwater to agriculture, golf courses and industry — it was an "award winner" to all vested interests.
Arizona Groundwater Code Summary
Key issues in water management
Drought
Latest Drought Report from Arizona Dept. of Water Resources
Subsidence
There are 20 fissures north of San Tan mountains in Central Arizona and still there is no significant water management in 80% of Arizona—
What will it take??
Pumping of groundwater spurs surge in earth fissure
USGS pinpoints Arizona
subsidence problems
Areas with potential subsidence problems
USGS report on Subsidence in Pima County
Subsidence caused by mining
Land Subsidence, Earth Fissures Change Arizona's Landscape
by Joe Gelt, U of A
Non-regulated mining water use
even in Active Management Areas
Water Impairment in AZ —
What is the source?
Mining causes depletion of wells in Arizona
Coming soon: Rosemont Mining Companies claims 46 wells!
Pollution
Links to Information on Superfund sites in Arizona
Tucson
Phoenix
Remainder of state
EPA's Superfund Web Site
Protection of Streams and Riparian Areas
Protecting Habitat
Arizona 's Futile Effort to Separate Groundwater from Surface Water
U of A Professors Robert Glennon and Thomas Maddock III
Fact Sheet of resources connecting
Groundwater and Surface water
US Geological Survey
Managing the Interconnecting Waters: The Groundwater-Surface Water Dilemma
A great review by Joe Gelt of the intricacies and history of the dilemma. December, 1994
Agricultural Water Use
Agriculture is the top water user—where does the water go??
Arizona water Use by Sector—USGS
In 2000 agriculture used 80% of both ground and surface water in Arizona. Why grow cotton instead of food crops in Arizona? Here's your answer:
Number of AZ growers who receive subsidies for cotton is over 10% of top 200 growers in U.S.
And it's not easy to grow cotton here? Growers have to use extra pesticides, fungicides and fertilizers. Pollution of water from these sources has no regulation in AZ.
Cotton report
Arizona is second in nation in payments for cotton subsidies. We have to calculate how much of agricultural water goes to subsidies. There are mountains of water studies—2000 pages of reports annually, but no one calculates this relevant number!
An Arizona Supreme Court Judge has commented on the problem in 1999:
"The Arizona legislature has erected statutory frameworks for regulating surface water and groundwater based on Southwest Cotton. Arizona's agricultural, industrial, mining, and urban interests have accommodated themselves to those frameworks. Southwest Cotton has been part of the constant backdrop for vast investments, the founding and growth of towns and cities, and the lives of our people."
See entire case
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About Groundwater Awareness League, Inc
Current Projects
Save the Santa Cruz Aquifer
Protecting an underground water source from pollution from mining operations.
www.savethesantacruzaquifer.info
Mining Law Reform
Giving relevant information on the process of mining law reform
www.mining-law-reform.info
G-A-L files report with Securities
and Exchange Commission in regard to Phelps-Dodge/Freeport-McMoRan merger
YouTube on Urgency of Mining Law Reform
(Thanks to assistance of Carolyn Brown
and Access Tucson)
Arizona: See info on mining, including Sierrita, Rosemont and Superior (Apache Leap and Oak Flat)
Sign a petition to keep mining away from historic Apache Leap!
GAL practices "open books" policy.
Articles of Incorporation
Arizona State Corporation
Bylaws
IRS non-profit certification
Profit and Loss 2005-2006
Profit and Loss 2006-2007
Profit and Loss 2007-2008
Two ways to Donate to GAL :
Send check to:
Groundwater Awareness League, Inc.
P. O. Box 934
Green Valley, AZ 85622
Make a secure donation using PayPal:
(Click button for instructions)
(Either way, You will receive a tax-deductible receipt.)
Want to get involved?
1) Get informed at regular meetings in Green Valley or invite Nancy Freeman to speak to your club or group.
2) Help with technical research according to your background and expertise. Contact Nancy Freeman at 520/207-6506
3) Contribute to the cause of creating groundwater awareness in Arizona. GAL is a non-profit corporation with a tax-exempt status (501 c3).
Disclaimer:
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The material in this site is provided for educational and informational purposes only. The information on this site does not constitute health, legal or technical advice.
If it is our stuff—use it freely!
Nancy Freeman
Executive Director
520/207-6506
e-mail us
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