U.S. Water News Online
TUCSON, Ariz. -- Marana has sued Pima County, the latest move in the town's effort to take over the sewer system to gain control of the treated wastewater.
The suit filed in Pima County Superior Court seeks an order requiring the county to transfer control of the town sewer lines and a $29 million treatment plant outside town to Marana. The suit also asks for an order requiring the county to keep sewer rates at the same level as other users until the transfer is complete, and accuses the county of breech of contract for failing to hand over the system after the town canceled a 1979 agreement with the county for wastewater treatment.
The agreement allows either party to cancel with six months notice, with the system within the town reverting to the town. The agreement provides no further detail, and the town and county differ on exactly how to interpret the wording.
Marana wants to run its own sewer system to get access to the effluent, which can be used to recharge groundwater and allow the town to grow. Although groundwater levels are rising in the area as cotton fields fall out of production, the town needs recharge credits to offset its pumping to meet state requirement for an assured water supply.
Town officials said they broke off negotiations with the county and went to court because of the differing interpretations of the agreement.
"We have very fundamental differences about the meaning" of the agreement, Town Attorney Frank Cassidy said.
Pima County officials acknowledge the town's right to take over the sewer pipes, but not the sewer plant.
"It's pretty plain to us, and that's probably why they have a lot of lawyers reading into what they think it means," County Administrator Chuck Huckelberry said.
The county wants Marana to pay for the plant and related infrastructure, but town officials say residents have already paid for the facilities through fees.
The town tried earlier this year to annex the sewer plant, but the county blocked that effort by declaring the site a park, which can't be annexed under state law.
Town officials are considering building their own treatment plant, but would rather take over the county facility just outside of town. But county officials say the plant is an integral part of the regional system connected to another plant, making it unreasonable to try to separate the two.
Huckelberry said turning over the plant could leave the county with a significant loss of investment. He said the county was negotiating in good faith and questioned the need for a suit.
"Anybody with a few bucks can file a lawsuit and make all sorts of outrageous allegations," Huckelberry said. "It's just unfortunate they're wasting their taxpayers' money."
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