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.