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City, county land used as water sites

For the past month Humane Borders has operated water stations for illegal entrants on three Tucson Water properties northwest and west of the city. Tucson Water Director David Modeer said he agreed to let the group use the city property partly in recognition that illegal entrants are already crossing there and partly as a trade-off to get trash dumped by the crossers cleaned up. Plus, he said, he doesn't want illegal entrants to die of thirst. Pima County also has allowed water stations to be set up on its land, said County Administrator Chuck Huckelberry. Modeer said he didn't consult with the City Manager's Office or the mayor and City Council before agreeing to let the group use the sites, which are primarily undeveloped land. He did check with the city attorney to make sure it's legal. Huckelberry said the agreement to let the group use county land for water stations wasn't presented to the board for approval either. Council members contacted generally supported the city allowing the water stations. One of the city sites is north of Ironwood Forest National Monument, near Marana, in an area where large groups of illegal entrants are known to come together to meet up with their rides to other destinations. The other two are farther southwest, near Three Points. In return, Modeer said Humane Borders is cleaning up garbage left by thousands of illegal entrants on trails that wind through numerous city properties west of Tucson. Modeer said U.S. Border Patrol figures indicate nearly 2,000 illegal entrants crossed city properties in that area in a single weekend a month ago. Tucson Water has no figures to show what it's saving on cleanup costs on its land. Robin Hoover, president of Humane Borders, said his group started cleaning up city property in September, before the deal was struck. That's because the group has been cleaning up a network of trails used by illegal border crossers. He said the group has operated three water stations on county property farther to the west, in the Altar Valley, for four years with permission from Huckelberry. Huckelberry said managing county resources is his responsibility, and he wanted to keep the locations quiet to avoid attracting more entrants or individuals who might take action against them to the stations. The Pima County Board of Supervisor has voted to give Humane Borders $25,000 a year since 2001 to help it pay for water stations. City Manager Mike Hein, who was appointed a month ago, said he just recently found out about the city's agreement. Inasmuch as the city isn't spending any tax money for the program, and is saving money, Hein said, "It seems like a reasonable decision." He said he doesn't believe council action was needed. Council members generally support Modeer's intentions, although some believe the decision should rest with the council, not the department head. "I'm amazed," Democrat Shirley Scott said when she learned of the agreement. While she wouldn't want anyone to suffer or die of dehydration, Scott said she's curious why the council wasn't consulted or told about the deal. "I'm concerned, from a legal liability perspective, about the city, in full knowledge, facilitating a rendezvous point for further illegal penetration into the country," she said. Republican council members Fred Ronstadt and Kathleen Dunbar said they have no misgivings about the decision or how it was made. "It doesn't cost the city anything and they're not compromising anything on the property," Ronstadt said. He said the city isn't encouraging illegal immigration by allowing the stations, which were set up to keep entrants from dying in the heat. Democratic Councilwoman Carol West said she has made personal contributions to Humane Borders, so she has no qualms about letting the group use city property. "I would rather do that than let people die," she said. "These people are going to come whether we like it or not, so we might as well accept it." Councilman Jose Ibarra, a Democrat, also supports the water stations, calling it the "humane" and "compassionate" thing to do. Attorney Ed Kahn, who represented plaintiffs who challenged county funding for Humane Borders, said he would prefer the city not allow the group to operate on its land "because it's a political cause I don't agree with." But he said what Humane Borders is doing is legal, so there's nothing improper about its being allowed on city land. Randy Graf, a leader in the Proposition 200 campaign to limit services to illegal immigrants, agreed the city isn't doing anything wrong. "It's a little more acceptable than the county giving them $25,000 a year," he said.