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home : opinions : opinions September 02, 2010


2/10/2009 10:57:00 PM
Talk of the Town: SRP always sticks its hand in
By JACK D. WILSON
Special to the Courier

This week, the Arizona Department of Water Resources (ADWR) heard an administrative appeal on Prescott's legal right to transport water from the Big Chino Sub-basin. Missing in name only: Salt River Project (SRP).

In November, ADWR ruled in favor of Prescott's application for an assured water supply designation, and ruled that SRP, as an entity outside the Prescott Active Management Area, had no standing in the administrative appeal process.

But make no mistake: SRP lawyers will be doing the arguing on behalf of those who are appealing ADWR's decision, and writing their legal briefs as well.

SRP used the company helicopter to fly two executives and their lawyer from Phoenix to Prescott to recruit local residents, over a nice meal at one of Prescott's more posh restaurants, to file objections on their behalf.

In a recent editorial, The Daily Courier called SRP the "gorilla in the room," and portrayed the Phoenix water company as virtually invincible. But the 800-pound gorilla has now taken it in the chin both at ADWR and in Maricopa County Superior Court.

After ADWR's initial ruling in favor of Prescott's designation, rather than play by the rules, SRP tried in Maricopa County Superior Court to stop the process, choosing to circumvent a state law because it thinks it can, or because it doesn't think the law applies to it. But the judge ruled against SRP, and Prescott once again looks forward to protecting and defending our legal water rights through the rightful and transparent ADWR administrative review process.

SRP lawyers this week are working closely with the Center for Biological Diversity and Sierra Club - strange bedfellows indeed. Over the years, SRP has fought against these groups in lawsuits concerning SRP's operations on the Salt and Verde Rivers, which exposes their recent collaboration against Prescott as nothing more than a shameless tactic to keep its Phoenix customers happy.

SRP, perhaps because of - as the Courier puts it - its "sheer size, but also its widespread political influence and considerable financial resources," has gotten to the point where I believe it has rationalized questionable practices, with a mantra: might makes wrong right. I believe our citizens deserve better than that.

While the Courier notes that "SRP has a longstanding reputation of getting what it wants in the halls of government and in litigation," that does not justify its tactics of recruiting surrogates wherever it can in order to win at any cost. Its actions personify the definition of an 800-pound gorilla out of control, running amok like a modern-day Godzilla without regard to compromise or good faith.

SRP will play from the extremists' playbook and imply that Prescott doesn't wish to protect the Verde River. These are disingenuous tactics.

As mayor, I am extremely committed to a basin-wide approach to responsible water management. Prescott has bought more than 10,000 acres of conservation easements that will prevent future development, the drilling of as many as 5,000 wells, and the pumping of thousands of acre-feet of water.

Basin-wide stakeholder water management, including "wildcat wells," will be a key component of Prescott's efforts to protect the Verde River. By SRP's own count, more than 7,000 wildcat wells exist in the Verde Valley alone.

As a Citizens Water Advisory Group member, I am committed to working with surrounding communities and water groups to achieve the goal of keeping the Verde flowing.

In case anyone believes my objections to SRP's behavior and tactics are based on ill will, I spent five and a half months with other area municipal officers trying to develop a negotiated agreement with SRP. These were good faith negotiations on our part, but in the end, they fell apart because SRP had no desire to compromise.

I have faith in our citizens and their ability to see through the charade SRP used this week and I'm confident of our efforts to protect the rights of our community.

Jack D. Wilson is Mayor of Prescott.



Reader Comments

Posted: Thursday, February 12, 2009
Article comment by: No name provided

to give it up, Thank you for your response. I believe you helped clarify the point I'm making. You still think all of this is about Prescott, when it's not. It is about the water. As for SRP only suing people taking water from the river, what exactly do you think they are saying?

Posted: Thursday, February 12, 2009
Article comment by: Amazed

I still can't believe people in this city actually believed this guy and voted for him.

Posted: Thursday, February 12, 2009
Article comment by: I don't want to hear any more Jack's blather.

"Jack D. Wilson is Mayor of Prescott." Yes, we all are very much aware of that fact. We also are pretty certain that his tenure quickly is running out. He and the Courier are wasting their time if they honestly believe Wilson's attempted propaganda is changing any minds. Wilson is bought and paid for and we voters mostly now realize that fact. We got snookered by him last election, but never again. He is political toast. Hopefully a couple of present council members will be going with him. We need to get rid of some of the entrenched members of the council, and we don't need to replace them with any retreads. New blood is needed until we get some members and a mayor who represents the ordinary people of Prescott, the ones officially footing the bills for the city government. We know who is footing the politicians' private bills, big land owners, developers, and large corporations. That is evidenced by the interests for which most council members and the mayor are working.

Posted: Wednesday, February 11, 2009
Article comment by: An Observer and dissilusioned

Jack, you make such a valid point to all of us that you are a turncoat from what your platform was when you were running for Mayor. You bash SRP for their tactics but you do the same thing and seem to be jealous that you can't get the same results by doing just exactly what you excuse someone else of doing. Stop spinning everything your way and listen to the citizens for a change. We really would like to know just how the city plans on coming up with the money to buy this scam and most people would like to see a real mitigation plan especially SRP. So why are you stonewalling on these issues and spouting propaganda in this paper? I and I am sure most of the citizens of Prescott and surrounding area's don't believe a word you say these days because you have clearly shown that you are for yourself. The lawyers you have hired from out of town are doing nothing but getting rich off our backs and I suspect they will drag this out for every drop of blood they can get. For God sakes end this petty bickering and relieve yourself from the thrown. Retire for real.

Posted: Wednesday, February 11, 2009
Article comment by: Give it up

Could this be another letter written by your top notch PR firm, Mayor Jack? Prescott is rapidly losing credibility with the area citizens and the PR firm isn't helping. More wasted tax dollars. Joey: Prescott, Prescott Valley and Chino Valley are the biggest threat to us Paulden folks right now and that is why we all hope SRP defeats them. SRP has not caused any problems for any residential private well owners except for a few whose wells were withdrawing water directly from the Verde River for farming. Us private well owners use minuscule amounts of water compared to what the cities plan to pump and we are not a threat to SRP. If they can get away with it, Prescott alone plans to pump 8,067 acre feet a year. One acre foot equals 325,851 gallons. 325,851 gallons multiplied by 8,067 ac. ft equals 2,628,640,017 gallons of water to be pumped each year. That is more than 2.6 BILLION gallons a year. And that is just Prescott and Prescott Valley. Chino Valley could step in any time and pump even more. With that huge amount of water being withdrawn each year and not being replaced with an equal amount, Prescott will draw down the aquifer, dry up all of our wells and the Verde River in as little as a few decades. Once that happens it will be difficult, if not impossible to repair the damage. We have nothing in common with Prescott, Prescott Valley, and Chino Valley. These towns offer us absolutely nothing and they are not our friends. If and when SRP becomes a threat to Paulden private wells, us Paulden residents will deal with it at that time. For now, our local towns are the dragon that must be slain.

Posted: Wednesday, February 11, 2009
Article comment by: joey

To Paulden residents: Do not kid yourselves folks. Neither CWAG nor SRP are on your side. What would make you think they are? They are not saying Prescott is stealing your water. What they are saying is that your wells are pumping SRP water if anyone is. Your wells are taking water from the Verde River if anyone is. You need to step back and listen. You don't have to like Prescott's plan, but you have a lot more in common with them than you do with SRP or CWAG.

Posted: Wednesday, February 11, 2009
Article comment by: Flip Flopper's Paradise

Hey the City can enforce a code on a hot dog vendor but do absolutely nothing about the code against sidewalk job soliciting at Lincoln and Grove. So why shouldn't the Courier be able to be inconsistent with it's editorial rules. Hey even Obama flip flops when it suits him. Rules are for "THE OTHER GUY".

Posted: Wednesday, February 11, 2009
Article comment by: Editor

"Courier Policy?" Normally a separate 30-day clock runs between letters and "Talk of the Town"" submissions. The editor made an exception for Mayor Wilson's submission because of its relevance to the ADWR hearings and has told Mr. Wilson that the 30-day clocks will apply to future letters and "Talk of the Town" submissions.

Posted: Wednesday, February 11, 2009
Article comment by: Rancher up north

A man's word is still a valid measure of his character - his integrity - or his lack thereof. Keep talking and playing the victim, Jack. It worked so well for Blago!

Posted: Wednesday, February 11, 2009
Article comment by: Courier Policy?

Mr. Editor: Could you please clarify the Courier policy on publication of Letters to the Editors/Talk of the Town? Is there a limit on how frequently an individual can publish a LTE/TOT? If so, has the Mayor been receiving special treatment? Please insert your answer below:

Posted: Wednesday, February 11, 2009
Article comment by: tongue-in-cheek

Why not just sell the rights to serve water to Prescott to SRP. They would change direction in a flash and pay for the pipeline. Follow the money.

Posted: Wednesday, February 11, 2009
Article comment by: P.O.'d in Paulden

"Jack D. Wilson-special to the Courier"-- Is he one of your paid writers? The reason SRP is helping the three people in their appeal, is because they (and the rest of us) don't have the financial backing that you do.How many "nice meals at posh restaurants" have you and the other Mayors enjoyed, and who paid for them? Who is paying for your high priced legal advice, the developers? Get off your soapbox and quit trying to spin everything your way. SRP may have "taken it on the chin" last week, but I hope you know that the knockout punch is coming. To tout your membership in an organization that wants to protect the Verde and our wells, shows your contempt for the very process. Go back to Chicago, I hear they have plenty of water back there.

Posted: Wednesday, February 11, 2009
Article comment by: Paulden well owner

It's good to see there are people in Yavapai County that care enough about our County to appose Mr. Wilson and his tactics. Kudos to Gary Beverly, Tony Krzysik and Tom Atkins for finding a way to fight for what many others in this county believe in. Mr. Wilson and his expensive attorney's just can't understand that these three citizens stand for the rights of other citizens who don't have the personal resources to match the City goverments resources at their disposal. The whining from Mr. Wilson, et al, about how these citizens are accomplishing this is the same old whining about other entities trying to defend their rights. Mr. Wilson, do you honestly believe that you are the only one that has all the answers and should have the final say in this issue? Has it occurred to you that just maybe other Citizens being affected by your plan agree with SRP in this issue, regardless of what issues that arose in the past? Evidently the ADWR realizes that it's not who's paying the bills to defend peoples rights it's what they have to say that's important. It's time for you to stop whining and get on with the business at hand.

Posted: Wednesday, February 11, 2009
Article comment by: Fareness Docktrin

Why don't you just put a mitigation plan together? Even though I don't really believe what you are saying, as far as the things you believe to be true, non of them would change if you put together a mitigation plan.

Posted: Wednesday, February 11, 2009
Article comment by: Creagan McConnell

Mr. Mayor, I am glad to see you are using civil and productive language in this editorial. The so called "charade" by SRP has been brought on by you and the city council's refusal to allow those affected outside the AMA to participate in these hearings. The Paulden Area Community Organization (PACO) has been waiting for your mitigation plan and at least some reconignition that the wells in the Paulden area and the Verde River will be negatively impacted by the pipeline pumping. One of your city's witnesses conceded that fact during his testimony. By continuing to dismiss the concerns of Paulden residents the city of Prescott need not wonder why we so strongly oppose your future plans to reach outside your AMA. Give us reason, explanation and real scientific findings not excuses, secrets and half truths. Thank you for your time our group would gladly meet with you to discuss these issues.

Posted: Wednesday, February 11, 2009
Article comment by: Who do you trust?

Mayor Wilson: The majority of Prescott's population wants to have a mitigation plan in place BEFORE you build a pipe line & drain water from our beautiful Verde River. The list of organizations supporting mitigation and careful growth is a very long one, and not restricted to the 'eco-nuts' you so disdain. You seem to have forgotten that even you once supported smart growth. Or said you did. I would add your name and those of most of our present city council to the list of charade participants! Self-interest and greed are not a good foundation for decisions that affect more than just the investor/developer/ construction trade good 'ol' boys.

Posted: Wednesday, February 11, 2009
Article comment by: George Seaman

Editor, again I would like to know when you will cease to allow Mr. Wilson the privilege of unpaid advertising for his upcoming campaign for Mayor? A week does not go by without the citizens getting bombarded with Jack's own twisted propaganda on things. First his reference to being a member of CWAG is interesting, this is an organization open to any and all people who may want to join regardless of whether their ideas match the ideas and goals of CWAG. And this is precisely the situation with Jack, he is in fact a member because he paid his dues, but his recent positions regarding the Big Chino are certainly NOT the positions of CWAG. Citing his membership like this is nothing more than spin intended to confuse the citizens. In addition it is probably understandable that a recent immigrant, middle management retiree from Chicago may not totally understand the concept of private property rights which is at the heart of the argument SRP has been making in defense of their SENIOR water rights. They have been making this argument for decades and not just here in Prescott. And of course if Jack had hung around long enough on Monday (which he didn't) he would have heard some scathing cross examination of the city's witnesses, demonstrating things like an existing federal nexus which may just force the City to do at least an Environmental Impact Study, and probably a Habitat Conservation Plan. Citing SRP as though it is some kind of evil enemy, and citing them repeatedly is simply a tactic to try and distract the citizens from the real issues at hand. This hearing is only the beginning of a long and drawn out series of legal events which the City's own expensive Phoenix lawyers have orchestrated. Again, I request that the paper spare us from further verbal abuse and propaganda at the hands of Mr. Wilson, at least until after the election. He gets plenty of press time to defend his positions by being interviewed for stories.

Posted: Wednesday, February 11, 2009
Article comment by: Verde Eco-Nut

"SRP lawyers this week are working closely with the Center for Biological Diversity and Sierra Club - strange bedfellows indeed." Mr. Mayor, let me remind you that you were also working with these groups, until you got elected and showed your true colors. Until we see a responsible mitigation plan, and you explain your actions effectively, you can forget the support of anyone associated with conservation. In the meantime, as long as SRP owns the rights to the water in the Verde, they will come after Prescott for every drop and will not go away. Better to focus on conservation and responsible use, than blow millions of dollars in court defending a doomed idea. SRP wants the river to flow for the water rights that they own, these conservation groups want the river to flow, period. There's nothing strange about these bedfellows when they share common goals, and resisting that influence will drown that pipeline before a drop is pumped. Show us a mitigation plan. If Prescott and Prescott Valley intend on preserving the Verde's flow, prove it. Intentions are no good without the solid data to back it up. Anything else is just snake oil.



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