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County OKs water adequacy rule: First in state to require 100-year supply of water for subdivisions

By Shar Porier
Herald/Review
Published/Last Modified on Wednesday, Mar 19, 2008 - 12:19:34 am MST

BISBEE — From now on, the Cochise County Board of Supervisors can turn down developers wanting to build subdivisions if proof of 100-year water adequacy cannot be obtained.

With a unanimous vote during Tuesday’s meeting, the supervisors approved what is a first in the state — the amendment to the zoning regulations that stipulates water availability within any subdivision has to meet Arizona Department of Water Resources criteria for 100-year adequacy. Any proposed subdivision that cannot prove water adequacy will be denied.

So what is water adequacy for the county as defined by ADWR?

As explained by Tom Whitmer, ADWR regional water resources planning section manager, “For a proposed subdivision that will be receiving water from a water provider or a central system, the definition currently states that if over the course of 100 years the projected demand from that subdivision will not cause the ground water table to decline below 1,200 feet from the surface of the ground, then it is deemed to have an adequate water supply for 100 years. If the proposed subdivision is going to be a dry lot subdivision, one that allows private wells on each lot, then the combined projected water use of that subdivision needs to demonstrate that over the course of 100 years, the groundwater table will not decline below 400 feet from the surface.”



The latter was a concern for Supervisor Chairman Richard Searle, who told Whitmer that he knows of several county residents on private wells that were 100 to 200 feet down who have had to drill deeper down to 400 feet to reach water.

Approval of the amendment also means the county and municipalities will be allowed to request funding for certain water projects. However, Whitmer noted, funding has not been found to deal with such requests, but the hope is to generate $1 billion over a 10-year period.

Supervisor Pat Call commented on the difficulty that smaller developments will encounter financially trying to provide hydrology studies and asked what help ADWR could offer.

Scott Miller, ADWR manager of assured and adequate water supply program, said that concern had been noted and the department was already taking steps to assist developments under 30 lots.

“There may be no cost to them,” Miller said. “We have a good idea of what’s going on down here and we have a lot of information about the county. But it’s not a policy, yet.”

When it came time for the supervisors to discuss their thoughts on the amendment, prior to taking the vote, Supervisor Paul Newman said it was an important moment.

“It’s a historic vote,” he said. “It’s the most important ordinance in my eight years of tenure on the board. It promotes smart growth. We supported this legislation and it’s appropriate for us to be the first county to adopt it. We have water issues in the county. We were told we could not be an active management area, so we had to do something about water adequacy. We studied this. And it sounds rational to everyone. Over 80 percent of the people, in my judgment, in the county support the ordinance.”

A number of people who spoke during the public hearing offered strong support for the measure.

“It was a difficult process with all the compromises,” Call said. “It’s a very important first step. This county, this board, is proactive … and is on the leading edge in the state with the Babocomari and Sierra Vista Subwatershed District and the conservation subdivisions … We have had the support of every aspect of the community — the business community, the development community and private citizens. They have all been cheerleaders as we moved through this process.”

Searle said he, too, supported the “concept.”

“It makes a lot of sense,” he said. “There are issues out there though that should have been asked before … I do have some concerns … I believe we are putting an extra burden on the subdivision process. One of our big issues is lot splits and we have no control over lot splits. I worry that this may encourage property owners to do lot splits rather than go through the subdivision process … But I see this as smart growth.”

After the vote was taken, most in the audience applauded the supervisors.

In other business

The Cochise County Board of Supervisors on Tuesday:

• Approved a work session request to discuss the feasibility of installing solar voltaic power for the county attorney buildings in Old Bisbee. Deputy County Attorney Britt Hanson, one of the organizers of the environmental advocate organization Bisbee B Cool, will make the presentation.

• Adopted establishing speed limits and authorizing placement of regulatory signs for Ramsey Road.

• Adopted a resolution to place a 5-ton weight limit for Bridge No. 8106 on Leslie Canyon Road at mile post 7.80.

• Approved the jail per diem rates in accordance with the Cochise County Sheriff’s Office jail per diem rate study for fiscal year 2008-2009. This would establish the booking rate per inmate at $134.32 and the per prisoner per day rate at $50.04.

• Appointed Linda Ludwell as Democratic precinct committee-person for precinct 54 at Village Meadows.

• Approved an intergovernmental agreement between the Governor’s Office for Children, Youth and Families and the county. The agreement would provide up to $30,000 to support anti-methamphetamine initiative coalition activity.

• Approved the abandonment of a public alleyway in block 31 of the San Simon townsite.

• Appointed Dan Abrams of Sierra Vista as a member of the board of adjustment for District 1 to serve out the term of resigning member Pat Fleming, who is running for the state legislature. The term ends in December 2010.

Reporter Shar Porier can be reached at 515-4692 or by e-mail at shar.porier@bisbeereview.net.



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    Loop hole wrote on Mar 20, 2008 3:35 AM:

    " The business about trucking in water is another potential loophole. Unless the water is being brought in from non-San Pedro watershed sources you are just borrowing from Peter to pay Paul. In fact there is still a finite amount of water in the West. You cannot truck in water if no one has any. "

    anon wrote on Mar 19, 2008 10:49 PM:

    " So the builder has to file a report saying he wont use up all the water in 100 years? Then he can build? Wouldnt most builders be tempted to just write whatever we want to hear? We wouldnt know they were wrong until they are long gone. "

    Geeze wrote on Mar 19, 2008 7:26 PM:

    " All the people living here are so happy, with their pools, and golf course outings, and making sure no one else moves in to their neighborhood. It isn't changing anything, get over it. "

    Pudding wrote on Mar 19, 2008 6:55 PM:

    " The proof will be when the county actually says no to a subdivision application based on water adequacy. Until then, just fluff. "

    anon wrote on Mar 19, 2008 4:59 PM:

    " Wouldnt it be more cost effective for the county to answer the question of whether we have enough water for a new subdivision, rather than for every new subdivision redoing the work every time? "

    curious wrote on Mar 19, 2008 3:29 PM:

    " I can't believe it! I mean I really can't believe it. The BOS have finally voted on someting meaningful for this County. Yes, we need to stop the invasion of big builders who come in and rape our desert and then leave us dry for the county tax payer to foot the bill for road repair, school over crowding, traffic, pollution, etc. Way to go BOS - Finally earning your pay and mileage. "

    GardenCanyonWash.com wrote on Mar 19, 2008 3:09 PM:

    " This is an important step in the right direction. We have now, at least in principle, bought into the understanding that growth must be tied to sustainable water supplies. Now we must make sure that we have accurate baselines of water resource data and planning processes that ensure accountability. "

    jack wrote on Mar 19, 2008 8:30 AM:

    " This is the best news I've heard in a long time. Congratulations on our county sups have the gumption to take this historic step! Now if they would require new developments to be earthquake resistant maybe we could phase out some of the trailer trash around the county! "

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