Tombstone Arizona has made national headlines regarding its battle with the Forest Service over water rights. For 130 years pipelines have transported water from the Huachuaca Mountains 26 miles to Tombstone. The Monument Fire and subsequent mud slides last year destroyed this pipeline system. Tombstone has been trying to get emergency permission from the Sierra Vista District of the Coronado National Forest to bring in heavy equipment to repair the water system without success. The case has also gone to court, twice. Tombstone has lost both times.
Reasons given by the courts include the question of actual need and urgency of the repairs. Also in question is Tombstone’s entitlement to the water in the national forest. Tombstone claims rights to 25 springs while the Forest Service says they have permits for only 5. The federal government said none of that gives the city unfettered right of access. The Forest Service has also cited the Wilderness Protection Act as a reason for their reluctance to allow the requested repair of the pipeline. Machinery of any kind is banned in a Wilderness Area where the pipeline is located.
Another reason given was the presence of Mexican spotted owls. The owls are a threatened species. Supposedly, their presence is the big reason that the Forest Service wouldn’t grant Tombstone a permit to use heavy equipment to fix the pipeline. I have a hard time believing that one.
Here in the Patagonia Mountains we are lucky to still have Mexican spotted owls. Last year, the Sierra Vista District of the Coronado National Forest granted permission to Arizona Minerals aka Wildcat Silver to start exploratory drilling operations within Mexican spotted owl habitat. This drilling project would have operated 24 hours a day, 7 days a week, for 300 consecutive days. Along with noise and light disturbance there was the extremely high likelihood of destruction of owl habitat. Even the presence of a nearby federally-designated Mexican spotted owl Protected Activity Center didn’t block the approval of the drilling project. We, along with the Defenders of Wildlife and Sky Island Alliance had to sue the Forest Service to stop the drilling project.
It’s not just about the owls. The bigger question is how does the exact same Forest Service office come up with completely opposite policy actions?
U.S. high court denies Tombstone water relief
Sierra Vista Herald Sat, 06/02/2012
Tombstone readies picks and shovels
Sierra Vista Herald 06/07/2012
Spotted owl could be game-changer in Tombstone water war
CNN 06/09/2012
