Printer Friendly

PROPOSITION 200

On November 6, 2007, residents of Tucson will be asked to vote on Proposition 200. Passage of the proposition would amend Chapter 25 of the Tucson City Charter.

Between now and November's General Election, there will likely be much community discussion on the language of Proposition 200 and what happens if it passes or doesn't pass. There will be media articles and news reports, public forums and guest opinions, and advertising and mailers.

In the past, City staff have been a source of information when a ballot proposition is directly connected to City services. When Proposition 400-Rio Nuevo and Proposition 400-Proposed Alternative Expenditure Limitation (“Home Rule” Option) were on election ballots, City staff were expected to be part of presentations and discussions so that residents could make an informed choice at the polls. However, our job is only to inform, not to persuade.

We also know from our prior experiences in court that the City has a responsibility to provide this information. As an example, on October 29, 1999, while presiding over an issue similar to this question, the Honorable Christopher Browning, Judge of the Arizona Superior Court, Pima County commented, “In point of fact, there is wide legal support for the notion that governmental entities are entitled to, if not obligated to, make expenditures of public monies to disseminate factual information to the electorate. The

only limiting factor is that the content of the presentation must be accurate and impartial.” A copy of this Court ruling is attached to the end of this message for review.

A list of Frequently Asked Questions (FAQs) has been compiled to help explain the language of Proposition 200 – what it does and does not do.

Does Proposition 200 limit growth and assure a sustainable water supply in Tucson?

No. Proposition 200 restricts Tucson Water from adding additional users to the water system once delivery volume of 140,000 acre feet of water per year is reached. When this occurs, Proposition 200 does nothing to prevent developers from joining the Central Arizona Groundwater Replenishment District (CAGRD) and drilling wells to provide groundwater for their new developments – even if those developments are within the City of Tucson. The CAGRD will recharge Central Arizona Project water on behalf of the developer. However, the recharge is not required to take place in the area the groundwater is being pumped from. Under this scenario, Tucson’s groundwater supply would be impacted from the groundwater pumping done by new groundwater users as controlled by State Regulations, leaving Tucsonans with little say over the management of our groundwater aquifer.

Can the City deliver “Toilet to Tap?”

No. State law, specifically Arizona Administrative Code R-18-9-704 paragraph G 2(a), prohibits the delivery of reclaimed water for “direct reuse for human consumption.” Furthermore, the delivery of treated effluent as drinking water has never been part of the City’s long term plan.

Does Proposition 200 permit full use of Tucson’s Reclaimed Water?

No. The proposition limits the use of reclaimed water to irrigation only. Other potential uses of reclaimed water for fire suppression, cooling towers, industrial processing, dust control, and habitat

restoration that include any surface water features in support of wildlife are not allowed by Proposition 200.

In addition, it requires that all of the City’s effluent be discharged only in the Santa Cruz riverbed –prohibiting any other method of capture and control of that water. In effect, any of Tucson’s effluent that is not treated to reclaimed standards will only be allowed to benefit downstream groundwater users

outside of Tucson.

Is Tucson in danger of running out of a sustainable water supply?

No. The State of Arizona recently declared that Tucson has a 100-year Assured Water Supply of 184,000 acre-feet of water per year (roughly 60 billion gallons). Of this 144,000 acre-feet of water is from the

Central Arizona Project. Nearly all of the remainder is from other renewable sources.

Will Tucson lose access to its CAP allocation if a shortage is declared on the Colorado River?

No. Once Tucson Water is importing our entire allocation, the loss of access to any of our allocation is very unlikely. Arizona is one of the seven states that have rights to the water in Colorado River. This is the water that supplies the Central Arizona Project (CAP). Together, these states submitted a proposed (water) Shortage Action Plan to the US Department of the Interior. Under this plan, successive shortages would be declared based on water levels in Lake Mead. Once a shortage has been declared, the CAP

would cut back deliveries to its customers based on their priority status. Tucson and other municipal customers have the highest priority on the CAP system, and would be the last to have their allocations cut back.

How does Proposition 200 effect regional cooperation?

Proposition 200 prohibits Tucson Water from supplying water to any other distributor, except for emergencies. Other water providers would be prohibited from using our recharge facilities and having Tucson Water deliver the resulting blend to their water system. Tucson will not be allowed to supplyreclaimed water for planned habitat restoration projects in Pima County.

In addition, Tucson Water has intergovernmental and mutual support agreements with many other water providers in the region, to deliver water to them in the event of a water supply emergency. Proposition

200 would cut off such aid after 10 days, potentially putting residents at risk. This is true even if the other water provider is wholly within the City of Tucson. Examples within the city limits include the Winterhaven Water Company, the Veterans Administration hospital, University of Arizona, Davis-

Monthan AFB and Flowing Wells Irrigation District.

What impact does the Proposition have on the Environmental Service Fee?

The Proposition repeals the $14 monthly Environmental Services fee. The fee generates approximately $23 million a year which is used to preserve and protect our regional groundwater supply by collecting and properly disposing of trash each year from approximately 137,000 residential customers. The fee is also used to clean up more than 1.5 million gallons of contaminated groundwater, safely landfill 724,000 tons of trash annually, collect 14,000 tons of debris through Brush and Bulky collections, and recycle 47,000 tons of material each year while providing enough electricity to 5,000 homes a year from landfill gas. The City would need to find other methods to pay for all of these services.

Will the elimination of the Environmental Services Fee impact other City Functions?

Yes. Proposition 200 states in part “garbage collection service and water service shall always be provided by the City of Tucson at no less than the level as they were provided in March 2007. Control over all aspects of these services, shall never be sold, leased, privatized, transferred, or diluted in any way.” The elimination of the fee, combined with the requirement that the City maintain current levels of service, means that the City will have to reallocate funds from other departments in order to pay for the services currently funded by the environmental service fee.

How many Tucson Water Customers have had their water service disconnected for failure to pay the $14/month Environmental Service Fee
To date, not a single Tucson Water Customer has had their water service disconnected for failure to pay the $14/month Environmental Service Fee

Thank you in advance for your cooperation and assistance in educating the public so that they can make a sound decision for all of our futures.

Mike Hein

City Manager

Tucson Water Users’ Bill of Rights

Legal Precedent

Proposition 200 Frequently Asked Questions [PDF]

Tucson General Plan Addresses Growth [PDF]

Watch City News Report on Proposition 200 – Environmental Service Fee

Watch City News Report on Proposition 200 – Growth and Water Supply

Pima County Analysis of Prop 200 [PDF]