HomeMy WebLinkAboutResolution 2008-020 reimburse groundwater withdrawal fees paid by the cortaro-marana irrigation districtMARANA RESOLUTION NO. 2008-20
RELATING TO WATER; AUTHORIZING THE STAFF OF THE TOWN OF MARANA TO
REIMBURSE GROUNDWATER WITHDRAWAL FEES PAID BY THE CORTARO-
MARANA IRRIGATION DISTRICT AS A RESULT OF THE TOWN OF MARANA'S
EFFORTS TO SECURE ARIZONA DEPARTMENT OF WATER RESOURCES
RECOGNITION OF ALL OR PART OF CORTARO-MARANA IRRIGATION DISTRICT'S
SUBSURFACE SANTA CRUZ RIVER FLOW AS SURFACE WATER.
WHEREAS Cortaro-Marana Irrigation District (CMID) holds a Certificate of Surface
Water Right to 29, 100 acre-feet of subsurface flow in the Santa Cruz River, and
WHEREAS, in annual reports to the Arizona Department of Water Resources (ADWR),
CMID has reported as surface water all withdrawals from wells identified as subsurface flow
diversion points in its Certificate; and
WHEREAS, to date, ADWR has not formally challenged CMID's reporting of subsurface
flow; and
WHEREAS the Town of Marana plans to seek ADWR recognition of all or part of
CMID's subsurface flow as surface water for purposes of Marana's Certificate of Assured Water
Supply; and
WHEREAS ADWR charges CMID a groundwater withdrawal fee of three dollars per
acre-foot for all groundwater it pumps; and
WHEREAS the groundwater withdrawal fee is charged by ADWR pursuant to A.R.S.
§ 45-611, which authorizes a groundwater withdrawal fee of not more than five dollars per acre-
foot; and
WHEREAS CMID is concerned that Marana's efforts to convince ADWR to recognize
all or part of CMID's subsurface Santa Cruz River flow as surface water may instead cause
ADWR to rule that the water in question is groundwater which is subject to the groundwater
withdrawal fee.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Town staff is hereby authorized to reimburse
groundwater withdrawal fees paid by CMID as a result of the Town of Marana's efforts, with the
assistance and cooperation of CMID, to secure ADWR recognition of all or part of CMID's
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subsurface Santa Cruz River flow as surface water for purposes of Marana's Certificate of
Assured Water Supply.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
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MARANA, ARIZONA, this 5 lh day of February, 2008
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Mayor Ed onea
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4r--Jj'dc'elyn C.. Bronson, own Clerlk
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