FICO responds to Freeman

Editor:

Regarding Nancy Freeman’s letter in the Friday, Sept.12, 2008 edition of the Green Valley News & Sun (“Important Factor”), we would like to correct the record on several of the issues raised by Ms. Freeman.

We agree that Central Arizona Project (CAP) pipeline to offset overdraft of groundwater in our basin is an “ideal” solution. However, the proposed Augusta Resource Corp - Community Water Co. pipeline is not a good deal for our communities because it is part of a proposal that will allow the Rosemont Mine to pipe unlimited quantities of drinking-quality ground water to be used in the ore extraction and waste tailings process, to the detriment of all the water users in our aquifer.

Furthermore, the Arizona Game and Fish Department (AGFD) has said that the Rosemont Mine would “render the northern portion of the Santa Rita Mountains virtually worthless as wildlife habitat, and as a functioning ecosystem, and thus also worthless for wildlife recreation.” AGFD also stated “[t]he Forest Service should consider that the highest value of Arizona public land is for open space, recreation and wildlife,” due to the state’s rapid population growth.

Knowing of her concern about the environment, we were surprised that Ms. Freeman of the Groundwater Awareness League would not support a full review of the Augusta-Community Water Pipeline under the National Environmental Policy Act (NEPA), especially since federal regulations and case law are clear that huge projects like the mine cannot be divided into small pieces to evade the NEPA process.

The proposed Rosemont Mine has no CAP allocation and is merely attempting to lease an existing allocation of CAP water that Community Water Co.’s customers have paid for over many years.

It brings no new water to the equation. In fact, under federal and Arizona law, the mine does not have to limit its groundwater pumping to 20 years. Once the mine is permitted, it can pump throughout the life of the mine, which we know from our neighbors on the west can be 55 to 75 years or more.

Unfortunately, Ms. Freeman is incorrect that FICO declined to accept a CAP allocation. FICO management worked hard to bring the CAP to southern Arizona for the good of all of us, and always planned to accept a CAP allocation. The CAP project was designed that way. However, the Bureau of Reclamation, late in the game, issued a new rule that limited farms receiving CAP water to 960 acres. At that time, FICO owned 7,000 acres. Some farmers divided their land up and gave it to children and relatives to evade the Bureau rules. FICO thought that was illegal, so it tried for 2 years to get a legal ruling from the federal Solicitor. Finally, the Solicitor said it would not issue an opinion, so FICO declined to risk violating the law.

FICO’s Sahuarita Farm has a permit to operate a Groundwater Savings Facility (GSF). A GSF operates by accepting CAP water in lieu of groundwater pumping. Though FICO does not have a CAP allocation, its GSF could be used to accept CAP water from other allocations; from non-Indian agricultural pool water, which FICO could purchase; or from the Central Arizona Groundwater Replenishment District (CAGRD), which is obligated to replenish all groundwater used by all homes built since 1996.

The current CAGRD obligation for our area is approximately 1,500 acre-feet per year. As development continues in the years and decades ahead, it is projected that the CAGRD obligation will increase to over 15,000 acre-feet per year. In the example of the proposed Mission Peaks development, it is projected to use approximately 5,000 acre-feet annually, all of which must be replenished by the CAGRD. Thus, Mission Peaks would replenish all its “new use.”

The proposed Rosemont Mine has no CAP allocation and its groundwater use will not be replenished by the CAGRD.

That is why we believe that the American Nevada-FICO pipeline proposal, independent of the mine, is a better solution to our declining groundwater levels. We welcome participation from all other water companies including Community Water Company and other users, but do not want to tie our fate to a mine, which may never be permitted.

Larry Kempton, Community Relations Manager, Farmers Investment Co. (FICO)