100! We believe that with this month’s column, we have reached our 100th update to the community via the Vail Voice. All the related clichés about time flying, etc. would seem appropriate. Realizing this milestone, I paused and reflected on our team’s more than eight years of service to the Southeast Region, and how much we all appreciate this opportunity.
To quote a famous line from the movie Poltergeist, “They’re back!” and I am referring to City of Tucson Differential Water Rates. The City of Tucson, as readers may recall, attempted to impose higher water rates upon Tucson Water customers residing in unincorporated Pima County during the spring of 2021. We first wrote about this in May of 2021.
Pima County filed suit against the City stating, among other things, that to impose such rates was discriminatory, unjustified, and illegal. The first judge to review the lawsuit ruled that the City did not follow the proper analysis procedures to reach their conclusion justifying the higher rates – not that there was a legal conflict for the City to do so. Then in his ruling, this judge actually provided the City with a “road-map” showing the proper pathway for the City to follow to reach their goal. He then ruled that Pima County government – not the Tucson Water customers living in unincorporated areas – be reimbursed, with the same ruling being upheld later in the Court of Appeals.
The County then formally petitioned the Arizona Supreme Court for Review and in early April, the Supreme Court denied Pima County’s petition for review, which confirmed the trial court and court of appeal’s discernment that relief could only be extended to Pima County rather than to all Tucson Water ratepayers outside the city limits. We have not received confirmation as to how much reimbursement Pima County will receive from the City or in what form.
To be clear, my office’s position is that Tucson Water customers living in unincorporated Pima County must be directly reimbursed the monies illegally collected by the utility.
Fast forward to a Tucson Mayor and Council April meeting agenda which featured a Notice of Intent to once again impose a differential water rate structure, this time recommending a surcharge of 16 percent to 23 percent for utility customers outside of the City limits. As part of this rate change, Tucson Water also requests an increase in its Conservation and Green Storm water Infrastructure Fees. Additionally, Tucson Water wants increased incentives and outreach to low-income customers, which would include free toilet replacements, emergency plumbing repair, rainwater-harvesting grants and loans, and subsidized high-efficiency clothes washers.
At this point, it is unclear what Pima County can legally do to counter this grossly unfair imposition by the Mayor and City Council on customers of Tucson Water living in unincorporated areas. It may well be time to revisit the landmark 1979 agreement between the City and Pima County that formalized the role of each in providing water and wastewater services. We will explore all avenues, including the oft-suggested differential sewer rates, and keep you posted.
On a much happier note, your Vail School District continues to knock the ball out of the park with academic honors and achievements, which I have proudly announced during Board of Supervisors meetings. We recently recognized Empire High School for receiving the top academic rating – in the entire state – from the State Board of Education, and in a three-peat, Corona Foothills Middle School was rated number one as well – for the third straight year. I must note that the schools rated include all Arizona public, charter, and private schools.
Cienega High School hosted Military Makeover with Montel Williams, providing a refurbished and updated home to an honored Vail veteran, and Mesquite Elementary recognized two exceptional students achieving perfect attendance records. When asked what motivates the duo to come to school so reliably, one responded that it was his ”advanced math” class while the other candidly admitted that it was simply, “lunch”.
Congratulations to the outstanding community of parents, students, teachers, and administrators in the Vail School District!
Pima County Supervisor Steve Christy, District 4
33 N. Stone Avenue, Floor 11
Tucson, AZ 85701
520-724-8094
district4@pima.gov
