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Officials from Pima County and Tucson say it's premature for Marana to start creating its own wastewater agency because the town hasn't identified how that will affect effluent that belongs to Tucson.

For their part, Marana officials object to the county's plans to expand and rehabilitate its wastewater system because those plans don't acknowledge the town's intention to go into the sewer business.

Both plans require 208 Amendments — named for the section of the Clean Water Act that mandates them — from the Pima Association of Governments.

Pima County needs a 208 Amendment to move ahead with its Regional Optimization Master Plan, a $1 billion, multi-year plan to build a new treatment plant at Roger Road, tear down the old plant, and expand and rehabilitate the Ina Road treatment plant.

PAG's regional council is set to vote on the amendment today. The council then will have to vote on whether to begin the amendment process for Marana, which is suing the county to gain control of the sewer system that runs through the town.

Marana also has filed a 208 amendment with the Central Arizona Association of Governments in Pinal County because Marana is expanding there.

Marana wants control of the sewer system to get access to the effluent for water credits.

The amendment would make Marana a "Designated Management Agency" and allow it to assume responsibility for its sewer system.

Earlier this year, a Maricopa County Superior Court judge ruled partially in Marana's favor, granting it control of the sewer pipes, but Pima County is asking the judge to reconsider and plans to appeal if unsuccessful.

Marana officials said they are concerned the county's 208 amendment plan does not consider that sewage from Marana won't be going to the Ina Road treatment plant in the future.

In a Sept. 5 letter, Marana Town Attorney Frank Cassidy argues against going forward.

The regional council cannot approve the county amendment, as proposed, without violating its own rules, he says in the letter, because in it Pima County will continue to be the only provider of wastewater services to areas which are now within Marana's existing and projected service areas.

"This key assumption is not accurate," he said.

"Section 208 planning is conducted to ensure that wastewater is treated properly so that our region's waters are protected," a PAG memo on the county's plans notes. "Our waters will not be jeopardized if Pima County builds enough capacity to treat wastewater from the Town of Marana even if that capacity turns out not to be required."

In an interview Wednesday, Marana Public Works Director Barbara Johnson said Marana just wants some acknowledgement of its own plans.

She said the town has "no problem" with Pima County's plan. "I think it's a really important addition. But it doesn't acknowledge the reality of the lawsuit, of the partial judgment in our favor. All we want is a footnote acknowledging there is litigation that could affect the plan."

Johnson said the county's financial plans, for example, assume it will get revenue from Marana ratepayers.

Pima County Administrator Chuck Huckelberry said Marana ratepayers are just a small fraction of the county's revenue stream and won't affect the county's ability to bond to pay for construction.

The county, for its part, is concerned about getting reimbursed by Marana for sewer infrastructure in the town.

Another question is what happens to effluent produced by Marana residents who are Tucson Water customers — about 75 percent of Marana sewer customers. Most of their sewage now goes to Ina Road.

A 1979 agreement between Pima County and Tucson gives the city ownership of 90 percent of effluent. Marana intends to divert some of that sewage from Ina Road to its own plants.

Arizona case law gives ownership over effluent to the owner of the sewer plant, while custom in Pima County is that effluent belongs to the entity that provides the water.

Johnson said she appreciates Pima County raising the ownership issue, but said it is a matter for Marana and Tucson.

Tucson Water interim Deputy Director Chris Avery said the water utility believes the town's amendment is premature.

"It would be much better to move forward without these issues hanging over us," he said.

Avery said Marana's approach calls into question the assumptions that have governed effluent ownership for nearly three decades.

Avery said he also is concerned about Marana's objections to the county's regional master plan, which will treat effluent to much higher standards, possibly high enough that it can go directly into the reclaimed system.

"A reclaimed pipe runs right by Ina Road," Avery said. "It's a lot easier to take Marana water from Ina and deliver it to a golf course in Marana through our reclaimed system than to conceive of how Tucson would get its water back from a plant in Marana."