Arizona has
seen its share of wars over
water. They are invariably
long and costly legal
affairs that pit community
against community or state
against state.
The latest fight over water
is erupting in the rugged
northwestern corner of the
state. It's a dispute that
could have enormous
consequences for the tiny
communities of Littlefield,
Scenic and Beaver Dam as
well as unsettling
ramifications for the rest
of Arizona.
On Friday, a three-day
hearing got under way in
Beaver Dam on a proposal by
a company to pump up to
14,000 acre-feet a year from
the Mormon Wells area along
Beaver Dam Wash - the first
attempt to take Arizona
groundwater out of state.
Two Nevada investors have
purchased 55 acres to tap
the high-quality Arizona
water, the equivalent of
about 4.5 billion gallons.
The investors envision
moving the water by pipeline
about 10 miles to the Virgin
Valley Water District to
serve the fast-growing town
of Mesquite, Nev. The
projected cost of the water
is $200 to $400 per
acre-foot, enough to serve
one to two homes a year.
Plans call for blending the
Arizona water with Nevada
water (which has high
concentrations of arsenic)
to meet federal arsenic
standards. Some of the
blended water would then be
delivered back to Arizona,
according to the application
by Wind River Resources.
The Wind River proposal is
an audacious assault on
Arizona's precious
groundwater. A chorus of
Arizona opponents warn the
plan could imperil the
aquifer, cause land
subsidence and put a clamp
on economic growth in the
area if not turn the nearby
small communities into ghost
towns.
Pete Byers, chairman of the
Mohave County Board of
Supervisors, says, "It
appears to be solely a
profit-making venture
without any regard to the
short- or long-term
detriment of the local
Arizona citizens, some of
whom go back four
generations or more."
Thomas Shedden, the
administrative law judge
hearing the case, will
forward his recommendation
to Herb Guenther, director
of the Arizona Department of
Water Resources, for a
decision on the application.
The Department of Water
Resources has filed a legal
brief opposing the transfer
on several grounds. Among
them:
• Wind River has failed to
demonstrate that there would
not be adverse
impacts on water quality and
quantity, wildlife and
riparian areas and the
economic viability of the
Beaver Dam Wash area.
• Wind River has failed to
show that it could not use
alternative sources of water
in Nevada. In fact, the
Virgin Valley Water District
informed the Department of
Water Resources that use of
Arizona water for blending
was neither necessary nor
part of the water company's
long-term plan and that it
was building
arsenic-treatment plants. In
addition, water may be
available from other basins
in Nevada.
• Wind River also has failed
to show that the water
district's supplies are
insufficient to meet the
demand. It has groundwater
rights to 11,500 acre-feet
per year, which is enough to
serve 55,000 people, and
Mesquite is not expected to
grow that large until 2025.
• There also is no agreement
that would require the water
company to make water
deliveries to Arizona.
Since the decision will rest
with Guenther, the odds
favor a rejection of Wind
River's application.
But decisions can be
appealed, and it is this
probability that poses a
worrisome outcome for
opponents of the Wind River
water-transfer application.
Courts have ruled that
groundwater is an article of
interstate commerce and can
be moved across state lines
in certain situations. El
Paso was given the green
light to tap groundwater in
New Mexico. And a Texas
water district has gone to
court after Oklahoma
groundwater, claiming that
Oklahoma doesn't use the
water that Texas needs.
There's an adage that water
follows money, and some
wonder if the Nevada
investors won't turn around
and find a way to sell their
bounty to water-starved Las
Vegas, where rights to an
acre-foot could fetch
$25,000 or more. Or might
another group of investors
from Nevada attempt to drop
a straw into Arizona's
groundwater? Or might
California or Utah or New
Mexico interests purchase
land in Arizona and siphon
off groundwater?
But first things first. The
proposed transfer of Arizona
groundwater to Nevada is a
bad idea that would set a
terrible precedent. The
Department of Water
Resources should reject the
application.
