SCOTTSDALE, Ariz. — The Scottsdale City Council has agreed to move forward with a potential agreement with Maricopa County to resupply water to a community that had its access cut off.
In a city council meeting Tuesday, the City laid out its requests to Maricopa County in order for the agreement to be approved. Now, the proposed agreement goes to the county for review and a vote.
The City of Scottsdale said the following elements are critical for an agreement with Maricopa County:
- “Temporary agreement for County to act on an emergency basis to provide water to Rio Verde Foothills existing residences only
- The city contractors only with County. The county may contract with certified commercial haulers to deliver to Rio Verde customers; no self-haul
- No city responsibility after delivery to Pima Filling Station
- The county must attempt a building permit moratorium to the extent allowed by state law.
- Contingent of City obtaining up to 6000avc re feet of raw water from a third party source
- The city will supply no more water per year than the volume of 126-acre feet of potable water supplied for hauling at Pima Road Filling Station.
- The county will have a single account with limited subaccounts for certified haulers.
- Of the City’s access to pay the city $1,000 per month plus $21.25 per 1,000 gallons of potable water
- *New water cost (including process and system water losses)
*Treatment and transportation costs
*Capital asset maintenance and replacement cost - 5% annual escalation or the actual cost, whichever is greater
- Two-year initial term with optional third year
Scottsdale, on Jan. 1, after months of warning, turned off a standpipe delivering water to the desert subdivision – it has become a national symbol of Arizona's failure to manage the megadrought.
Rio Verde Foothills has no water infrastructure; homeowners use wells or rely on the nearby Scottsdale standpipe.
Under the proposal, Rio Verde residents would have temporary access to city water for up to three years. The county would try to establish a moratorium on building permits in the impacted area.
Officials say the agreement is dependent on the city also getting more water resources from a third party. The city would treat the water and make it available for delivery countywide. The city would also get reimbursed for the costs from the county.
The city's current drought management plan called for access to be restricted beginning Jan. 1. Scottsdale officials had said the city needs to guarantee there is enough for its own residents amid a deep, long-lasting drought.
“Early in this process, the Scottsdale City Council committed to working toward solutions for Rio Verde Foothills that comply with our drought management plan and do not negatively impact city residents – this proposal achieves those goals,” said Mayor David D. Ortega. “Many different levels of government have come together to draft this solution, and Scottsdale looks forward to Maricopa County’s action on the last few steps.”
Rio Verde residents went to Maricopa County Superior Court last month to request an injunction requiring Scottsdale to resume water-sharing temporarily.
A judge said the court could not step in on water policy decisions.
AG's opinion was a breakthrough
The proposed deal came together quickly over the last few weeks.
The breakthrough was a legal opinion by Attorney General Kris Mayes' office that was drafted in a matter of days.
It allows Maricopa County to contract with Scottsdale or a water provider to "preserve public health and sanitation ... on an emergency basis."
"It needed to be fast and and we really kind of dropped everything to get this done," Mayes said.
The Democratic AG said the urgency was due to a concern that "folks were within, we think, a couple weeks of running out of water."
The opinion was sought by Republican State Rep. David Cook of Globe, who sought to mediate the crisis even though he represents a Pinal County community.
Would builders get green light?
The Rio Verde water crisis has put a spotlight on Arizona's lax laws governing water use.
Under Arizona law, the builders in the unincorporated Rio Verde Foothills don't have to show that homes have a guaranteed 100-year supply of water, as other developments do. The so-called "wildcat subdivision" has no water infrastructure for its 500 homes.
If water service were to resume, would that give home builders the green light to resume construction?
Ortega said only existing Rio Verde water accounts, as of Dec. 31, 2022, would be serviced.
The agreement also requires the county to establish a moratorium on new homes in the area. But that could violate state law.
What is the county saying?
County Supervisor Thomas Galvin sent the City of Scottsdale a letter saying he had concerns about the proposal before it was even presented.
He has his own plan that calls for a private company to supply the water – not the county.
Water Wars
Catch up on the latest news and stories surrounding Arizona’s water crisis on the 12News YouTube channel. Subscribe today.