The National Rivers Website, Rivers of Arizona:
Arizona River News and Opinions
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STATEWIDE ISSUES:
Arizona Navigability -- Arizona Navigable Stream Adjudication Commission
Legislature trying to change definitions of navigable rivers
As an Arizona boater and member of Central Arizona Paddlers Club, I have followed the progress of Arizona Navigable Stream Adjudication Commission for several years. I believe it was in 1992 that a local outfitter alerted me as to the STREAMBED OWNERSHIP issue and ask me to survey the membership of CAPC regarding the streams in Arizona they had boated. I presented this survey to the Arizona Navigable Stream Adjudication. Other boaters also submitted information. One CAPC member showed a slide show of his runs on the Verde and Salt Rivers.
Some time after these presentations, ANSAC, while attempting to conduct an informational public meeting, found they had a near riot on their hands when property owners along the Salt River arose in protest for fear of losing their land. Then Governor Symington quelled their fears and assured them that they would not lose their land.
Shortly after, the Arizona Legislature changed the law regarding Streamed Navigability. For example, one of the changes was the definition of "streambed". The definition was changed from "area between high water marks" to "area between low water marks."
In the current law there are a list of nine caveats, any of which, if found to apply, cause the stream to be determined non-navigable. The determination of navigability is made as of the date of Arizona's admission to the Union, February 14, 1912. (The Colorado was determined navigable previously and is excluded from determinations under the current law.)
ANSAC, now operating under this new law, has proceeded to evaluate the streams of Arizona. But now, their say is not final; they are an "advisory committee" to the Legislature. In spite of the narrow definition of navigability, some outfitters and boaters continued to provide ANSAC with examples of their ability to navigate Arizona's streams. Naturally we are concerned about the protection of our streams and the protection of our access to these streams. However, some of our more popular runs are accessed via Federal Land or Reservation rather than via private land. Many have assumed that Federal and/or Tribal management of these streams will continue regardless of the outcome of the navigability hearings. Most recently Defenders of Wildlife have sued Governor Hull and the State of Arizona regarding the Navigability Law. Their concern is for Public Trust Values which may be jeopardized with rulings of non-navigability. Another concern was a violation of Separation of Powers among the branches of our state government. Entities such as Phelps Dodge and SRP, who stand to gain much by ownership of the streambeds, argue against the Defenders of Wildlife.
So far as I know,the judge has not yet ruled; however, he may have a ruling by the time of the next ANSAC meeting which is on September 8, 1999 at 10:00 AM, West Wing Tower of the State Capitol, 5th Floor Conference Room, 1700 W Washington, Suite 500, Phoenix, Arizona 85007. This is a public meeting, so I urge you to attend. (Funny, ANSAC always holds their public meetings at 10:00 AM when most of the public is at work.) One of the agenda items is this lawsuit. Also you should contact ANSAC to get on their mailing list for meeting minutes--they can fax you the minutes. I believe they also have a Web Page: aspin.asu.edu/ansac. Their phone number (602) 542-9214, and e-mail is streams@goodnet.com. ANSAC can provide you with a copy of the current Streambed Navigability Law. Thank you for your interest in this matter.
--Dorothy Lees Riddle, Conservation Coordinator, CAPC
www.azcts.com/capc/
Transmitted by Dave Huizingh, President, Central Arizona Paddlers Club
SPECIFIC RIVERS Click to jump down to descriptions and news about:
River conservation team member asks the Environmental Protection Agency for help
Darwin A. Hindman, III, is concerned that the increasing water demands from Sierra Vista will some day suck all the water from the Upper San Pedro. Hoping to enlist help from the Environmental Protection Agency (EPA), he sent a letter outlining his concerns and requesting a response and substantive action from the EPA.
In the letter, Hindman cautions that current demands on the region's water supply has reduced groundwater levels by 30 per cent. At this rate, he estimates, the current groundwater deficit of 7,000 acre-feet per year will double in 30 years to 13,000 acre-fett per year. Such a loss would result in serious damage to the ecosystems that rely upon a steady and adequate water supply. Hindman has asked Carol Browner of the EPA, and a member of the governing council for the North American Commission on Environmental Cooperation, to pursue and adopt methods to slow water demand and contain growth in the arid region.
To add your comments and to follow up on this situation, write to: Carol Browner; EPA Administrator; 401 M Strett, SW; Washington, DC 20460.
Unusually high water levels roared down the Verde, according to a Grand Canyon boater, who said the tiny Verde became the "Mighty Verde" last night about midnight. It was reported that a wall of water moved down Beaver Creek, a Verde tributary, from three to five feet high.
This led to a spike flow that occurred, according to the USGS Gauging Station at Camp Verde (a town), over a time period of about half an hour, at midnight, of 10,000 cfs. The flow, just minutes before had been 300 cfs, which is well above the usual average for this time of year, of around 100 cfs. At the Tangle Creek gauging station, down river from Camp Verde maybe thirty miles, the flood hasn't yet peaked as the flow is 5,600 cfs. At this writing the flow is 7,900 cfs, with Oak Creek running at 1,290. In 1993, after weeks of rain, Oak Creek peaked at over 30,000 cfs and the mighty Verde flooded to over 193,000 cfs!
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