Prescott Wins 2nd Water Ruling In A Week
In the first ruling last week, after nearly a year and eight different hearings, Administrative Law Judge Thomas Shedden said Prescott’s application to pump 8,600 acre-feet of groundwater from the Big Chino sub-basin meets all of the requirements of an assured water supply under the state’s groundwater management act and related regulations.
In the second ruling this week, Maricopa County Superior Court Judge Robert Oberbillig also ruled in favor of the City of Prescott ruling SRP’s surface water rights in the Verde River did not entitle it to participate in an administrative process concerning Prescott’s groundwater rights in the big Chino sub-basin. Additionally, Judge Oberbillig disagreed with SRP’s claims that the statute limiting objectors to assured water supply applications to residents within an Active Management Area was unconstitutional. Since the challenged statute was part of the original groundwater management act passed in 1980, which included a non-severability clause, had Judge Oberbillig found one of the original acts unconstitutional the entire act could have been struck down.
“In essence, SRP’s lawsuit threatened the very framework for how the state manages its groundwater supplies merely because it could not participate in an administrative process that has no legal bearing on its surface water rights,” Mr. Andy Tobin, House Majority Whip said.
SRP has challenged Prescott and Prescott Valley from importing this water and have lost at every point along the way.
“The court, ruling from the bench, made it most clear that there is no under ground water rights reserved to an owner based solely on the fact that the owner has rights to surface water. Clearly the courts are finding it hard to agree that SRP even has standing on the issue of Prescott’s right to import water from the Big Chino,” Mr. Andy Tobin, House Majority Whip said.
This week’s ruling upholds the city of Prescott’s position that we have legal rights to this imported water supply and there is no harm to SRP’s interests. The court has yet to recognize a harm to SRP. This is a groundwater proceeding, whereas SRP is arguing for both surface and groundwater. If they were successful it would have jeopardized anybody who has a well within that 20 mile zone and would’ve set a bad precedent,” Mr. Andy Tobin, House Majority Whip said.
The City of Prescott eventually plans on constructing a pipeline from the basin into the management area. ADWR issued an initial draft decision stating the supply met the assured water supply nearly a year ago. ADWR now has until on or before November 28 to make a final decision based upon Judge Shedden’s recommendation.
“I am heartened at this point as it appears the state agency and two different court judicial processes have affirmed Prescott’s right to import that water supply,” Mr. Andy Tobin, House Majority Whip said.
For more information about the presentation of this award, please contact Rep. Andy Tobin at 602-926-5172 or via email at atobin@azleg.gov.
About Rep. Andy Tobin:
Rep. Andy Tobin was elected to the Arizona House of Representatives in 2006, where he served as Vice-Chairman of the House K-12 Education Committee. In 2008, he was re-elected to the House and was also elected by his peers to serve as the Majority Whip. In addition to his leadership duties, he also serves on the Banking and Insurance Committee and Rules Committee.
He is the past national president of the U.S. Junior Chamber of Commerce and during his tenure worked hand-in-hand with the Reagan and Bush administrations on passage of the Line Item Veto and Balanced Budget Amendment. Locally, Rep. Tobin has served as a member of the Sharlot Hall Museum Executive Board of Directors; Prescott Good Gun; Arizona Rifle and Pistol Associations; the National Rifle Association; the Phoenix and Prescott Area Jaycees; and the Prescott, Chino Valley and Prescott Valley Chambers of Commerce.