Groundwater Export to Prescott
Legal Basis for Groundwater Transportation
The “Exemption Groundwater” provision permitted Prescott to import up to 14,000 acre-feet/year (afy) from the Big Chino as compensation for relinquishing 7,127 afy of Central Arizona Project water (sold to Scottsdale for $3.5M, finalized in 1994) and other assistance in settling Indian water rights claims. Subsequent legal actions in 2010 decreased the allowed transfer to 8,068 afy.
Historically irrigated acres (HIA) are agricultural lands irrigated between January 1, 1975 and January 1, 1990. ADWR reported 3,582 acres of HIA lands in the Big Chino. State law permits exporting 3 afy for each acre of HIA lands that are permanently retired from irrigation, therefore up to approximately 10,746 afy of HIA Groundwater can be legally exported to the PrAMA for municipal uses. The Big Chino Water Ranch (BCWR) contains approximately 1256 acres of HIA lands, which combined with other holdings, qualifies Prescott for 3,483 afy of HIA water. In 2009 Chino Valley reported holding rights to approximately 400 afy of HIA water. The remaining HIA groundwater is temporarily unclaimed.
Updated Dec 19, 2018Prescott’s Interest in Big Chino Water
In 1983, Prescott was granted 7,127 afy of Central Arizona Project water. After determining it was too expensive to pump the water uphill from the Phoenix canal, Prescott negotiated an agreement permitting Salt River Project (SRP) to withdraw Prescott’s CAP allocation in Phoenix in trade for allowing Prescott to withdraw an equivalent SRP allotment from the Verde River (SRP holds high priority water rights to the base and flood flow of the Verde River). A proposed diversion point in Clarkdale met environmental opposition and high costs.
Updated Dec 19, 2018Location of Big Chino Water Ranch
Prescott next investigated several locations in the Big Chino for a well field. The city purchased the Dugan property and well, located in Paulden near Hwy 89. A 1989 well test found that the aquifer was extremely productive, but plans to pump this location were set aside due to concerns that pumping so close to Verde Springs would quickly diminish flow. The City also owns the Weber well near Sullivan Lake.
In 2004 Prescott purchased 4582 acres of the JWK ranch, including 1256 acres of previously irrigated land, renaming it the Big Chino Water Ranch (BCWR). The ranch is located about 15 miles NW of Paulden in the upper Big Chino Valley, a location chosen to moderate and delay the effects of groundwater pumping on Verde Springs.
Updated Dec 19, 2018Big Chino Water Ranch & Pipeline Controversy
The water export plan aroused vigorous opposition from Paulden residents concerned about the impact on domestic wells, and from local citizens, SRP, Sierra Club, and the Center for Biological Diversity (CBD), all determined to protect the base flow of the upper Verde River. The US Fish and Wildlife Service (USFWS) expressed concerns that the pipeline would diminish the base flow of the upper Verde and harm endangered species, then suggested that Prescott begin negotiations to develop a Habitat Conservation Plan designed to mitigate any damage to protected wildlife. Prescott refused to work with the USFWS. CBD issued a letter of intent to sue under the Endangered Species Act if Prescott began construction.
In October 2007, Prescott applied to ADWR to add the Big Chino water to their Certificate of Assured Water Supply (CAWS). The request was provisionally granted with modifications in November 2008, but a record number of public objections were filed with ADWR, leading to an 8-day judicial hearing conducted by the Office of Administrative Hearings. Although the purpose of the hearing was narrowly restricted to determining if existing ADWR rules were properly followed, the hearings generated a lengthy written record covering all the issues. A decision in favor of ADWR and Prescott was issued in October 2009. The Director of ADWR issued a modified Certificate of Assured Water Supply for Prescott in November 2009, permitting Prescott to transport 8,067 acre-feet/year (afy) from the Big Chino.
Updated Dec 19, 2018Litigation and Negotiated Settlement
SRP, Prescott, and Prescott Valley announced a negotiated settlement of the litigation in February 2010. In the “Statement of Principles,” a roadmap for settlement, the parties agreed to abandonment of litigation, an expanded monitoring and groundwater modeling effort, and Prescott agreed to mitigate losses of Verde River base flow caused by the pipeline, plus other points. Subsequently, ARS 45-555E was amended by the legislature to comply with the Arizona Constitution.
Prescott now has legal authority to export from the Big Chino 8,067 acre-feet/year (afy) plus approximately 3,483 afy of HIA water for a total of 11,550 afy.
Updated Dec 19, 2018Monitoring and Modeling Plan
Additional information including contracts and interim reports are available on the City of Prescott website.
Updated Dec 19, 2018