Haigler Creek Preservation Association Formation

We formed HCPA, and now we can start taking action to protect ourselves individually and build a war chest to defend the stream from upstream damage.

This is for your files and HCPA is also developing a webpage and future documents and information will be through that system for consistent and legal facts and position statements to build up the effort necessary due to the Gilette Ranch’s reservoir/lake/pond and related damages.

FYI, if nowthing changes, Game and Fish will no longer stock the creek, Young will no longer fish the creek or have visitors to fish the rim streams because Game and Fish admitted the stream does not sustain trout now!

That is how serious this is on the stream downstream, as they evaporata millions of gallons that no longer are instream nor returned to the stream via subflows, but evaporated.  That loss of water has tipped the stream to unsustainable levels that affect the stream, the fish, and species, including endangered species downstream (triggers NEPA); our properties, and our wells’ water quality and quantity now by a loss of 2.5 million gallons a year, up in smoke so to speak.  

That has tipped the entire system over the edge, and the fix is bigger than the damage, and we hear their project has already cost someone over 5 M.   Therefore, the fix could be more if the feds get involved and order the stream to be restored to its original conditions.

Obviously, the ranch will have some options if they desire to mitigate their issues, but if not, the final end position is to make public their environmental disaster and violations of federal and state laws, register our water rights and surface water complaints to the ranch as lower priority to our properties, so they are on notice of damages to us also.  and then let the federal laws take over and watch the carnage on everyone involved.

I look forward to discussing the HCPA with others and explaining its purpose and reason.  For those of us who have been through the lawyer discussions on the HCPA and why its a 401c4, I appreciate your participation in something of this magnitude to deal with issues we face.  I work in this industry with the leading lawyers in Arizona, and one of them has already advised us on surface rights.  We hired another to form the HCPA, and now we can focus on funding of future legal support on water law and environmental stream damages, specifically at the litigation level.

I am fortunate to have this experience and work with Mark Perry who has similar experience to get the organization needed formed so that step is accomplished.  Other folks are still evaluating how to participate and their self interests, which are normal and good to understand.  For those of us with experience in these matters, we took the lead to get the HCPA formed so we can actually deal at the Agency levels.  

Anyhow, HCPA will next look for funding to organize our surface water and stream rights so we can file with ADWR and update theri records for the current surface water right holders ,ie our properties, and our wells as the new “point of diversion”.   That package will be formed using records we have and create a package each of us can file with ADWR for our wells and water rights.    Then, when we update ADWR records of our surface rights, we can enforce surface water rights with ADWR on the ranch, and seek them to control their water use to not affect our higher water rights, the stream downstream, “and to not violate federal Endangered Species Act”, which will put ADWR and Arizona Game and Fish on notice as the federal laws prevail over State Agencies and Arizona’s water laws which are secondary.   If these agencies do not fix the mess, they risk losing the stream to federal control, which will get their attention and the whole Governor and Legislature, as I helped them do the Grand Canyon Protection Act with John McCain and I know the ESA reasons that law was done, ie parallel federal issues that Gillette and Game and Fish created on our stream now.

That is the problem statement is the legal mess now created by their ignoring federal permitting of the pond and water loss and water temps.

This is why we needed a 401c4, to have a lawyer now to help us defend our rights under State Law with ADWR and Game and Fish or seek federal protections from the State Agencies that will not enforce the ESA.

That will threaten ADWR’s control of the Salt River adjudication too, and Salt River Projects’ rights, so they will definitely get involved real soon.

Thanks to everyone for your interest, patience, and hopefully support as you come up to speed with HCPA’s formation and weeks of effort and funding we took care of, so that step is now accomplished and we can take actions now, not words.

Establishment of Haigler Creek Preservation

The word restoration caused me concern if someone wants big pockets to pay to undo that dam and lake etc..  So I like avoiding that word and the idea of preserving the stream, and those who mess it up should pay to restore it.  Given the cost of the lake/pond already, I think they should pay all restoration costs and restore it, including AZ Game and Fish if they funded the project and permitted it, and, in the process, violated the National Endangered Species Act and NEPA requirements due the known chub and other species along and in the stream. 

They also have not been transparent with any of their actions after the entire community objected to their Gila Trout introduction project and related stream poisoning, and instead went underground with the ranch owner. Literally and figuratively, as they dug down to bedrock and obviously disturbed subflows of the stream and the basin.  Then the return flows in the basin, as clearly articulated by ADWR experts in the Gila Adjudication have affirmed that the pond is in the stream basin under any argument now that it was confirmed by the State Supreme Court.   Thus, in basin, ADWR was required to approve it and not destroy Arizona water rights.   In violation of the national endangered species act, then also ignored public process on endangered species, ie federal law.   This was also affirmed as the US Fish and Wildlife now control Glen Canyon Dam due to fish issues downstream, for example.  This is entirely comparitive to Glen Canyon where the State Fish and Wildlife service thwarted federal laws and now turn control of the river over to US FWS.   Thus their actions may turn control of the Salt River, in the middle of the Salt Adjudication, over to the USFWS if the State does not fix its issues first.   That puts most of the valley’s water supply subject to federal folks since the State cannot stop killing endangered fish.  For example.

Thus, in violation of State water law, the ranch, conservation lease, and Jordon/Az Game and Fish, evaporate 2.5 million gallons of creek flows to evaporation that are subject to the prior rights of Haigler on these properties and our wells   As the water no longer returns during drought, our wells go dry as the ranch with a third right takes the physical water and evaporates it for its own fishing while water or fishing are no longer available.   This likely requires the current landowers of Haiglers surface rights to enforce water rights with ADWR and cause Gillepse to cease to take all water in a drought as third priority to us downstream, if we are negatively affected by their diversion, which we are.

They no longer return water to the stream, thanks to Game and Fish’s and Jordon’s lake and  Game and Fish representatives said the pond saves water annually versus the prior use, which is totally inaccurate.  Due to that incorrect water opinion by the State, they jointly evaporate 2.5 million gallons per year into the air, which is not returned to the stream, and thereby their project increases the water temperature to a point where native or non-native rainbow trout are not sustainable now and other species affected, including us.   This is the problem statement.   Water quantity, quality, temperature, and sediment are all disturbed, and the environment of the stream is harmed now. 

And the third water right is taking the water in a drought, versus honoring the stream rights of first in time is first in right, meaning our wells are a higher priority than the pond.

I would not want that confusion from the start of who pays for fixing the mess, when we get the public records of this debacle.

So I therefore, prefer Preservation

Michael J. and Mark want to set up a domain name, communication and internet site to get funding and also manage messaging on something like fighting an upstream violation.  That way the messages of the NonProfit are “one” and not everyone etc.  So thanks to Mark and Michael on working on how to communicate our issues and setting it all up for the new media and communications environment.

Barbi Richards has agreed to serve as the formation Secretary-Treasurer and help with setting up essential items, such as bank accounts, and others can contribute as needed.   

I will now call John Carter to finalize the arrangements with him and his firm to file the formation papers.   I will initially cover John’s work, as I have other ongoing projects with John at my Engineering Firm.  John,  please send me an email for the cost retention, estimate, and signature so you can proceed.  I am hoping we can finalize this easily, but I will call you.

Once we get a separate arrangement set up John will then work with us to get the Haigler Creek Preservation Nonprofit framework and understanding exchanged so we can move ahead.  

I am also starting with this list of interested parties and community members. If you would like to be removed, please let us know.  We envision having a letter inviting everyone to join once we have our feet under the stool so to speak.

I wanted everyone to know the progress we have made and the approach and background so far.

Others want to contribute but the magnitude of issues calls for us to organize and be a class of folks with these issues.