11/7/2009 10:01:00 PM BIG CHINO: Judge upholds SRP's exclusion from review
The Daily Courier
PRESCOTT - A Maricopa County Superior Court judge has reaffirmed an earlier court decision that excluded the Salt River Project from participating in the recent administrative review of Prescott's entitlement to Big Chino water.
In a ruling from the bench Thursday, Judge Robert Oberbillig upheld the Arizona statute that prevented SRP, a Phoenix-area utility company, from participating in the administrative review of the earlier Arizona Department of Water Resources designation of Big Chino Water to Prescott.
The hearings took place in February, April, and June, and wrapped up this past week with a decision by the administrative law judge who oversaw the proceedings.
Prior to the start of the hearings in February, Maricopa County Superior Court Judge Andrew Klein denied SRP's request for a temporary restraining order that sought to halt the administrative review.
At that time, Klein found that SRP and two Indian tribes - the Yavapai-Apache and Fort McDowell Yavapai nations - had no legal standing to participate in the review of the ADWR designation, because they were not located within the Prescott Active Management Area.
This week, Oberbillig considered three other counts in SRP's case, and ruled in Prescott's favor after hearing opening oral arguments.
The case centers on the plans by Prescott and Prescott Valley to build a 30-mile pipeline to import water from the Paulden-area 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.
In response to Prescott's application for a modification in its assured water supply designation to reflect water from the Big Chino, ADWR determined in 2008 that the city was entitled to import 8,067 acre-feet of water per year.
That decision generated numerous appeals, including one from SRP. But Judge Klein - and now Judge Oberbillig as well - agreed with ADWR's claim that SRP was not eligible to be an official party to the hearing.
Just this past week, Administrative Law Judge Thomas Shedden also upheld ADWR's 2008 Big Chino designation, and added 500 acre-feet to the 8,067-acre-feet-per year total.
Prescott is now awaiting a final decision on the designation from ADWR Director Herb Guenther.
Posted: Monday, November 09, 2009
Article comment by:
Bill
Tom, when it comes to greed, SRP and the water gluttons in Phoenix are at the top of the list.
Posted: Monday, November 09, 2009
Article comment by:
No name provided
Tom, get in touch with your inner legal self. You know darn well that this pipeline is going in if there's money for it. Of all people you know it. There's nothing to stop it, not even your comments here. In reality it won't be that bad and it could actually be good. Water use in the area won't go up any more than people can afford to pay for it, and that's a finite number.
Posted: Sunday, November 08, 2009
Article comment by:
David
Ha ha. The big bad wolf hit a building made of stone. Go back to Phoenix and quit wasting our money SRP. If you're so worried about the Verde, then why don't you donate 8,000 acre-feet per year of your precious surface water to the Prescott AMA? Surely you can spare the water out of the millions of acre-feet that you own.
Posted: Sunday, November 08, 2009
Article comment by:
Tom Steele
Will the courts allow pumping without a mitigation plan legally in place? I don't think that enviro groups and the SRP will accept the Pipeline's sponsors explination that there will be no problem. A legal remedy must be in place to protect the Paulden well owners and the Upper Verde from being desimated. And we could be in a 50 year draught cycle. What about the people living here now? Shall greedy Land Barons and large developers rule the day?
