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Annexation
FGV's Russell corrects inaccurate statement

Published: Tuesday, May 2, 2000 10:00 PM MST


Using a map provided by the State Department of Water Resources, Forward Green Valley Committee member Harry Russell explained that while aquifer water levels under the city of Tucson have dropped over the last 25 years, levels under the area of Green Valley have risen.

"Obviously Tucson is eyeing our aquifer and would like to be able to tap into it," he said. "Here's where incorporation comes in: As a community in the county, we have no say as to whether Tucson can use our water or not.

"They can come down and put in as many wells as they want and we have nothing to say about it. If we are incorporated, however, a city can prevent another city from coming down closer than six miles from our border.

"This gives us a wonderful protection of our own water supply. Because this growth is coming so quickly, this may be our last chance to protect our water."

Russell later admitted that he was incorrect in his statement. Arizona State Revised Statute 9-471 on the topic of annexation makes no mention of a city being able to block the annexation attempts of a nearby city.

Section M of the statute states: "The annexation of territory within six miles of territory included in a pending incorporation petition filed with the county recorder shall not cause an urbanized area to exist which did not exist prior to the annexation."


This simply means that if Tucson annexes land within six miles of a proposed city of Green Valley after the community has petitioned for incorporation, the city of Tucson could not stop the incorporation.

Arizona Revised Statute 9-471 further explains that no portion of Green Valley can be annexed without the agreement of at least 51% of the property owners and at least 51% of the residents in the proposed annexed areas.

Russell explained that the "protection" of which he spoke would come from the fact that if Green Valley were incorporated, Tucson could not annex any part of Green Valley.



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