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3/7/2009 10:28:00 PM
SRP officials 'stunned' at latest legal complaint by local entities

By Cindy Barks
The Daily Courier


PRESCOTT - Maintaining that they have provided Prescott and Prescott Valley with some 100,000 pages of water-related information, Salt River Project officials expressed shock Friday at the local governments' legal claim to the contrary.

Earlier this week, The City of Prescott and Town of Prescott Valley filed a complaint in Maricopa County Superior Court, claiming that SRP had "continually balked" at providing information pertaining to the Phoenix-area utility company's opposition to the Big Chino Water Ranch.

SRP officials, on the other hand, say they consistently have provided the two communities with reams of requested information.

"Quite frankly, we are flabbergasted by the action," David Roberts, manager of water rights and contracts for SRP, said Friday morning. "We have provided (Prescott and Prescott Valley) with 50 bankers' boxes, including 100,000 pages of material."

In a written response to the local legal complaint, SRP spokesman Jeffrey Lane added that the lawsuit and subsequent press release from the local governments were "ridden with inaccuracies and almost totally false."

Along with reams of documents, Lane said, "We have spent substantial time and resources in an attempt to comply with the broad-ranging document requests."

He added that Prescott and Prescott Valley asked SRP to provide "all documents" relating to the study of hydrological, environmental and other impacts on the Verde River.

"SRP has water rights on the Verde River dating back to the 1800s..." Lane said, noting that Prescott and Prescott Valley's request in 17 different categories required the company to "retrieve, review and compile a large volume of documents..."

Roberts stressed that SRP has made similar requests for information from Prescott and Prescott Valley and, so far, had received five boxes of documents from Prescott Valley and one box from Prescott.

"Quite frankly, we'd like them to speed it up a little bit," Roberts said of the local governments' responses to SRP's request for information.

And of this week's legal complaint, Roberts said: "We would much rather see (Prescott and Prescott Valley) spend their money on coming up with a plan to protect the Verde River."

As a part of their complaint, Prescott and Prescott Valley referred to claims by SRP that Arizona's public records laws did not apply to the company.

On Friday, Robert declined to comment on the legal aspects of that issue, noting, "That will be the subject of the litigation."

This week's complaint is just the latest in a series of legal actions that have occurred between the local communities and SRP.

For years, the two parties have disagreed about Prescott and Prescott Valley's plans to pump more than 8,000 acre-feet of water per year from the Big Chino Water Ranch, which is near the headwaters of the Verde River.

With senior downstream water rights to the Verde River, SRP has voiced concerns about the effect the pumping would have on the flow of the river.

Colleen Auer, deputy town attorney for Prescott Valley, said she expects a hearing to take place on the complaint for special action in Maricopa County Superior Court on April 10.





Reader Comments

Posted: Monday, March 09, 2009
Article comment by: 'Lil Red

wah, wah, wah. They didn't give me enough; they gave me too much. I want it just right!

Posted: Monday, March 09, 2009
Article comment by: Excited Law Student

I will be entering law school next year and I am excited to come back to Prescott knowing that this will provide decades of work ahead.

Posted: Sunday, March 08, 2009
Article comment by: Poor Lil' Country Girl

Confused Plumber: The tables have been turned, so to speak. In this scenario, Goliath is not only Big, He is Smart. And, Prescott, I mean little David, is going to need more than one stone to get the Giant. More importantly than the stones is God's Favor behind its purpose. Growth is not a race we have to win. It is the time to live with less; conserve our resources; maintain and restore what is already available. Act as the stewards of the earth God meant for us to be.

Posted: Sunday, March 08, 2009
Article comment by: Just another cog in the wheel

This is no surprise that the City of Prescott has given only one box of stuff to the deal. I have had similar experience in trying to obtain public records from this City and been stonewalled to no end. I have had to request the same records at least three times and been given the run around. I even appealed to the Attorney Generals office and never heard a word from them. I read their web site and see how they purport to being there to help the people but that appears to not be the truth of the matter. So the City uses our tax dollars to litigate against anyone including you and I but won't give an inch towards the truth. I agree, we need to to vote all of them out, get rid of the nasty mess of management and start all over. I dare anyone to go to City Hall and request public records. You will get stone walled and the run a round like you won't believe. Now the big city lawyers are getting their bailout from us also just because our elected officials are playing some wicked little game. Just another push towards the cliff folks. WAKE UP.

Posted: Sunday, March 08, 2009
Article comment by: Remember them in the voting booth.

It appears that a majority of those who participate in the commentary section of this newspaper have identified the Prescott and Prescott Valley political hierarchy with developers and big land owners. They also have pointed out repeatedly that local residents are footing the huge legal bills in this fight for those corporate interests. Clearly the politicians are neither embarrassed nor deterred. They have not, and clearly will not, represent our best interests. They will pauper the communities while pushing their agendas until their last political breath. It is high time we voted them out of office.

Posted: Sunday, March 08, 2009
Article comment by: No name provided

To David and Goliath, perhaps you are confused. David wins that battle not Goliath. After going online and looking through all the fluff provided by SRP, it could just as well have been submitted by Prescott since it is not specific to the issue. If I'm helping to pick up Prescott's bill I am grateful they are not wasting time filling rooms with irrelevant paperwork. Not an uncommon legal tactic in an attempt to obfuscate the question at hand. I'm guessing Precott is still looking for the data SRP used to come up with their water model. Models are not real science either, and abused horribly, but at least that data was in Prescott's box. As for being "stunned", yeah right. While some are overwhelmed others are dismayed, yet I am only shocked that SRP could be stunned. How disturbing is that.

Posted: Sunday, March 08, 2009
Article comment by: Glenn

Unfortunately the citizens of Prescott and Prescott Valley will be footing the legal bills for this debacle. Negotiation and a plan are the best steps forward, not stalling.

Posted: Sunday, March 08, 2009
Article comment by: Confused Plumber

But, but, didn't David WIN? I don't get it!

Posted: Sunday, March 08, 2009
Article comment by: Steven Ayres

I'd have liked to see an answer to one more reporter's question: Among those 100,000 pages, how many offered information pertinent to the legal request? Was the blizzard of pages designed to obscure? It's easy to count pieces of paper, but it means nothing, and this article fails to advance our understanding of the situation as a result.

Posted: Sunday, March 08, 2009
Article comment by: Fight 'em Tooth and Nail

We can fight those SRP people tooth and nail once we get Prop 401 passed and are able to get our lapdog politicians declaring "emergencies" to access the money. I'm sick of looking at range land, antelope, and nice stuff...I want buildings and smog and crime stories in the paper every day. We need us some gangs too.

Posted: Sunday, March 08, 2009
Article comment by: RaeMe

As a Prescott business owner, I am working very hard to keep my business going, and although the sales tax my business generates is not much in the big picture, I am sickened that my efforts support this arrogant city's incredible and waste.

Posted: Sunday, March 08, 2009
Article comment by: David & Goliath

A Sunday School lesson ... Remember David and Goliath? In this scenario Goliath is large and very, very smart. And little David of Prescott & Prescott Valley is small and legally naive and fiscally irresponsible in the extreme and is ultimately going to get bopped on the head with a big club - and a very expensive injury will result. And all to satisfy the greed of the investor/developer/construction trade good ol' boys - NOT those of us who already live here!

Posted: Sunday, March 08, 2009
Article comment by: P.O.'d in Paulden

"Water Bug", why should there be a revolt by SRP's stockholders ? They have provided the two monarchies with 50 boxes of documents as requested. I hope that Wilson and his developer buddies have really deep pockets, because all this Bull Feces is going to drain the old piggy bank and make some lawyer's kids happy at Christmas !

Posted: Sunday, March 08, 2009
Article comment by: No transparency at Prescott

Having dealt with Prescott on a couple important issues in the past, I am not at all surprised Prescott has only given one box of info to SRP and is taking its time producing anything further. I would guess Prescott will do its best to cover up and hide anything that might work against them. That's the style of management at the City. Transparent? Absolutely not!!

Posted: Sunday, March 08, 2009
Article comment by: Water Bug

Looks like the two town governments realize the futility of their case since SRP has claims of much longer standing. The town's attorneys do not want to go to trial because they have no case. In the meantime the lawyers can keep everyone on their toes by making frivolous requests and SRP seems intent on honoring those frivolous requests. All we are doing now folks is feeding the lawyer frenzy. If the elected leadership and the SRP officials cannot get in a room and hammer out an agreement then they should all be replaced. The town's leadership by election and the SRP leadership by stockholder revolt. It will be easy to find the ruling documents somewhere. We do not need to spend the millions on lawyers that could be spent on digging wells or some such PRODUCTIVE activity.

Posted: Sunday, March 08, 2009
Article comment by: Tom Steele

I can only hope the legal bill for all this from Prescott and Prescott Valley will be added on to the cost of water for the developers since it's 95% for them.



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