2/7/2009 11:03:00 PM
Three-day hearing will review
Prescott's use of Big Chino water
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| | Assured water supply hearing kicks off Monday at Yavapai College | What: Administrative appeal hearing on the Arizona Department of Water Resources' November 2008 ruling on Prescott's application for modification of assured water supply to reflect Big Chino water.
When: 9 a.m., Monday, Tuesday, and Wednesday.
Where: Yavapai College Performance Hall Auditorium, 1100 E. Sheldon St.
To accommodate the large numbers that could turn out for this week's hearing on Big Chino water, the state has slightly changed the site for the event to the auditorium of the Yavapai College Performance Hall.
While the Arizona Office of Administrative Hearings had initially planned to conduct the hearing in a smaller room next to the auditorium, the department decided this past week to move the three-day event to the larger venue.
The hearing will take place on Monday, Tuesday, and Wednesday and will begin at 9 a.m. each day. Officials expect three full days of proceedings.
The administrative appeal hearing will include arguments from four parties: the City of Prescott; a group of about a dozen local objectors to the ADWR ruling; the Center for Biological Diversity and the Sierra Club, who also objected; and the Arizona Department of Water Resources.
Officials expect each of the sides to present a number of witnesses.
The administrative appeal hearing is open to the public. However, officials say the proceedings will not allow comments from the public.
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PRESCOTT - Nearly a year and a half after Prescott filed its application to ensure the "physical availability" of the water it intends to import from the Big Chino sub-basin, a pivotal hearing on that application will get under way this week.
Beginning Monday morning and likely continuing through the end of the day Wednesday, the Arizona Office of Administrative Hearings will review the earlier decision by the Arizona Department of Water Resources that gave Prescott the right to pump 8,067 acre-feet of water per year from the Paulden-area Big Chino.
This week's hearing comes after two key preliminary rulings this past week by judges in the matter.
First, on Tuesday, Maricopa County Superior Court Judge Andrew Klein ruled that the hearing could proceed as originally planned, without the direct participation by the Salt River Project or the Yavapai-Apache and Fort McDowell Yavapai nations.
Then, on Thursday, Administrative Law Judge Thomas Shedden, who will preside over this week's hearing, ruled in a status conference that he would not exclude any information from the hearing.
Sandy Fabritz-Whitney, ADWR's Assistant Director for the Water Management Division, explained Friday afternoon that the department had asked the hearing officer to exclude the presentation of information over which the department had no authority.
ADWR and the city had filed motions asking "to exclude evidence not presented to ADWR," but Shedden denied both motions.
"Prescott's argument that allowing the evidence will constitute a waste of time is premature because there is no effective way for the (administrative law judge) to weigh the probative value of the proposed evidence until it is offered at hearing," Shedden wrote in his ruling.
That purportedly opens the door for involvement in the hearing by SRP, despite Klein's denial of a bid by the Phoenix-area water and power utility to be a full party to the proceedings.
Dave Roberts, manager of water rights and contracts for SRP, said Friday that he expects to be a witness in the case that three of the local objectors will make this week.
Local residents Gary Beverly, Tom Atkins, and Anthony Krzysik all filed objections to ADWR's ruling that were virtually identical to the one SRP filed, and the three have legal representation by Phoenix law firm Salmon, Lewis and Weldon, which also represents SRP.
Roberts acknowledged on Friday that SRP has helped to pay the legal fees for the three local residents, although he declined to disclose the amount of that assistance.
"They're folks who are like-minded in their concern about the (Verde) river," Roberts said of the three local objectors, adding that SRP initially approached the three men about the possibility of joining forces against the ADWR ruling.
SRP has long opposed the plans by Prescott and its partner Prescott Valley to build a 30-mile pipeline to pump water from the Big Chino, because the company has senior water rights to the Verde River and maintains that large-scale pumping from the sub-basin would impair its rights.
John F. Sullivan, associate general manager for SRP's water group, maintained on Friday that the utility company would prefer negotiations with Prescott to the likelihood of continued lawsuits.
SRP and a number of local residents have pushed Prescott for a mitigation plan that would deal in advance with possible future impacts to the flow of the Verde.
This week, Sullivan said, "There is probably room, under the right conditions, (for Prescott) to build a well field in the Big Chino."
Those conditions likely would involve a lower level of pumping than the 8,067 acre-feet that ADWR granted, Sullivan said, although he declined to discuss the figure that SRP might support.
Meanwhile, Sullivan and Roberts said SRP plans to pursue other legal forums that are available to it to oppose Prescott's plans.
For instance - depending on the outcome of this week's hearing and the final ruling by ADWR - Roberts said, "That can be appealed to Superior Court."
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Posted: Tuesday, February 10, 2009
Article comment by:
Mike Mueller
When are all of you water consumers going to see the big picture? All of that surface water belongs to all of the animals that live along the entire Verde River corridor too. Where are they going to pack their bags and move to next? This is one of the last free flowing rivers in Arizona. Shame on all of you if not considering any of them.
Posted: Monday, February 09, 2009
Article comment by:
Douglas A. Iverson
Prescott, Prescott Valley, and Yavapai County officials have refused to co-operate with any other Verde river group. They have also refused to come up with any mitigation plans, saying they have one, but it is scattered in various pieces and not written down. Yeah, we believe that. Numerous studies have said the amount of water Prescott and Prescott Valley intend to pump will dry-up the Upper Verde, so the cities hire a P.R. firm to contradict science.
We owe our gratitude to these three local citizens for speaking truth to power.
Doug Iverson
Posted: Sunday, February 08, 2009
Article comment by:
Fred
I don't know Beverly and Kryzysic, but I do know Atkins and he is no ones puppet. He is someone who cares deeply about the future of this part of the world and the people who presently live here. Go get them Tom.
Posted: Sunday, February 08, 2009
Article comment by:
No name provided
Like it or not, this is analogous to having a very small room occupied by an elephant and a mouse. We all know how that story ends.
Posted: Sunday, February 08, 2009
Article comment by:
Everyone with same goals should unite! Save the Verde!
Beverly, Atkins and Krzysic are biologists and conservationists, they want the Upper Verde River to continue flowing as does the SRP. I personally think that they are absolutely correct and should, indeed, join forces and protest the planned pumping at the Big Chino. There are very, very few flowing rivers left in Arizona, and these good folks along the Center for Biological Diversity, the Sierra Club, various Native American tribes, Maricopa County, etc. are on the right track to call for the Precautionary Principal to be applied to this pumping project... the Cities must scientifically prove that there be no harm done to the river as a result of their production wells pumping huge quantities of water from the Big Chino to fuel new, soon to be annexed, development in COP and PV. Way to go, Beverly, Atkins and Krzysic!
Posted: Sunday, February 08, 2009
Article comment by:
Chuck Bordenave
Talk about puppets!!! Please tell me what you call Prescott and PV governments that jump every time a developer calls on them to ruin the quality of life in this area.
Posted: Sunday, February 08, 2009
Article comment by:
No name provided
Excuse me, what is this about being SRP's puppets! We, who live in the Paulden, Big Chino Area, have a vested interest in this issue! It is our water. I suggest you Read "Cadillac Desert, The American West and it's Disappearing Water" by Marc Resner and learn what happened to CA"s Owens Valley when Los Angles took their water.
Posted: Sunday, February 08, 2009
Article comment by:
Valerie Jensen
No Name Provided: Let the "Puppet Show" begin, as you call it. There will be wall to wall powerful puppets tomorrow morning. You may be surprised at the outcome of the final act. May God Be in the Presence of the hearings, and may His will be done. God knows who needs the water, and what they want it for. Sometimes you have to raise your hands and wait for the divine decision. And, to Beverly, Atkins, and Krysic, I'm a resident of the Big Chino Valley. There is NO SHAME in joining hands with SRP in this fight. My comments our my own, God Bless You. Valerie Jensen, Paulden Island, AZ 86334
Posted: Sunday, February 08, 2009
Article comment by:
Sally Strickland
Nobody wants to deprive people of necessary water, but the memory of the Owens Valley in California has been nagging me. Take a look at how the Los Angeles board raped the residents of that once lovely place. Intelligence needs to be expressed by all involved.
Posted: Sunday, February 08, 2009
Article comment by:
Creagan McConnell
The Pauden Area Community Organization Board of Directors appluad the ruling of Judge Shedden. Information pertinent to these issues should be introduced for the record. We would also like to thank Gary Beverly, Tom Atkins, and Anthony Krzysik for their efforts as we join them in opposing any distubance to the water supply of Paulden and the Upper Verde River. Paulden residents need a voice in these proceedings, joining forces with SRP the tribes and local enviormental organizations groups seem to be the only way to weigh in.
Posted: Sunday, February 08, 2009
Article comment by:
No name provided
Interesting, SRP was denied any direct participation by SRP, yet they still intend to control the hearing and to appeal the hearing they did not participate in. I don't know Beverly, Atkins and Krzysic, but how embarrassing for them. Knowing that they are SRP's puppets, it wouldn't matter much to me what they have to say. It sounds like a circus act. The fact they drink from the same trough, is a little insulting.
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