Sat, Aug 30, 2008

Tucson Region

New water policy may curb homes on fringes

Pumping's impact could be weighed heavily in rezonings
By Erica Meltzer
arizona daily star
Tucson, Arizona | Published: 12.13.2006
New houses on the outskirts of Tucson are drawing down the water table, drying up streams and causing subsidence.
To reverse the damage, Pima County is considering a new policy that could mean fewer new houses on the fringes, far more water conservation technology in the houses that get built or the extension of water infrastructure beyond what is planned.
Upon final approval by supervisors, the county will take into account the impact of any groundwater pumping on the surrounding areas, including existing wells and the natural environment, when deciding whether to grant a rezoning or a comprehensive plan amendment, which often is the first step in developing a property.
The move is a departure from traditional interpretations of what the county can and can't do under state law, but County Administrator Chuck Huckelberry said the status quo is unsustainable.
"This probably will do more for long-term water sustainability than any previous policy the board has adopted," he said.
Under current law, developers have to show the state Department of Water Resources they have an assured water supply for the next 100 years.
To meet that requirement, many developers pay a fee to join the Central Arizona Groundwater Replenishment District. The district looks for renewable water supplies to recharge and replace what's being pumped.
But the district is not recharging into the same basin from which houses in many parts of Pima County get their water.
The problem is particularly acute in southeastern and southern Pima County, where new homes are going in far from existing water infrastructure.
That's leading to problems like dropping water tables, drying up of the few remaining streams and subsidence — the sinking of land.
But once the state has determined a developer has a 100-year assured water supply, the county can't deny the developer permission to build.
What Pima County wants to do is roll back the process, putting water near the top of its priority list when considering whether to give a developer the go ahead.
The further away a proposed project is from a renewable water source, the more mitigation a developer will have to do or the less favorably the proposal will be received.
Mitigation might mean fewer houses, or it might mean finding new ways to conserve water so that new houses use far less than they do today.
Huckelberry said this approach will be more effective than mandating new conservation measures.
It won't apply to developments that rely on Tucson Water or other water providers that have renewable supplies, and it only will apply on projects four acres or larger.
It won't stop new wells being dug in wildcat subdivisions.
The Pima County Board of Supervisors unanimously approved developing the policy Tuesday.
It must go to the Planning and Zoning Commission before coming back to the Board of Supervisors for final approval.
Huckelberry said he hopes to have the policy in place by summer 2007.
Robert Glennon, a law professor at the University of Arizona who consults with the county on water issues, said the new policy is on sound legal ground.
"It's not the county saying there's not enough water," Glennon said. "It's saying, what is the impact of the water issue?"
That impact is most immediate in the environment, he said.
"Once upon a time, there was a real Rillito and a real Santa Cruz with willow trees and cottonwoods," Glennon said. "Now, thanks to groundwater pumping, there's barely a trickle and not a tree in sight."
The county hopes to preserve the few remaining streams, like Cienega Creek and Davidson Creek, southeast of Tucson.
But groundwater pumping also draws down the water tables, so those who have wells have to dig deeper, at greater cost. And deep water has more arsenic, radon and fluoride.
Lynn Sonneman, a Rincon Valley resident, said she has seen her well drop after the nearby Coyote Creek subdivision was built.
The previous owner could fill the swimming pool in 24 hours with no effect on water in the house, but when she had to refill the pool last year, it took four days, with several breaks to let the well recharge.
She supports the proposal.
"That would be fantastic," she said. "I'm so worried about future development."
Roger Yohem, a spokesman for the Southern Arizona Home Builders Association, said the organization was not aware of the proposed changes.
"Anytime when there's an additional restriction on home building, that's a concern," he said. "If it makes sense, we want to talk to the county to make sure it's fair to everyone."
Julia Fonseca, environmental program manager with the Pima County Regional Flood Control District, said the policy will be more significant as growth moves further away from existing infrastructure.
"The difference between the route we walk if this is adopted and the route if we don't gets larger over time," she said.
Fonseca said the changes shouldn't be too difficult for developers to comply with because much of the information is either available from the county or similar to what the state already requires.
The difference is that developers will have to provide the information during the earliest stages of the process.
As it stands now, developers don't provide water information to the state until after they have received a rezoning. By then, the county can't do anything.
Scott Miller, a water resources manager with the state Department of Water Resources, said statewide the department does a good job of managing water, but particular basins may be overtaxed.
And while the department occasionally turns down an application, it's rare.
Miller said he would watch the county's policy with interest because there are conflicting legal arguments on how much discretion they have.
But the supervisors said they have little choice but to act.
"Our state law is a joke," said Supervisor Ann Day. "It's meaningless. You might have the water, but you don't have it where you need it. The state law doesn't address that, and it has a huge impact on Pima County."
Get more information on energy conservation, air and water quality, or other topics relating to the environment at azstarnet.com/environment
Contact reporter Erica Meltzer at 807-7790 or emeltzer@azstarnet.com.