Pine-Strawberry Water Legal Briefs

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A number of lawyers have filed arguments with the Arizona Corporation Commission about whether the Pine-Water Company can drill a controversial test well with $300,000 offered by the Pine-Strawberry Water Improvement District.

As a public service, the Roundup is posting those legal briefs on this Web site.

The Commission regulates the water company and must approve the deal before the company can accept the money from the district to drill the well. If the deep test well hits water, then the water company will repay the district and put up a $1 million to drill a new well -- recouping the costs through future water sales. If the test well comes up dry, the taxpayer supported district will absorb the cost.

The issue lies at the heart of an attempt to recall members of the elected PSWID board. The commission has no legal power over the elected board -- only the privately run water company.

Lawyers on all sides of the issue have filed briefs with the corporation commission addressing various issues

The issues include; Does a constitutional provision preventing "gifts" of taxpayer money bar the proposed deal; and is the deal reasonable and prudent for the water company?

The four briefs posted on this site address these and other points. Lawyers for the commission and the water company filed briefs supporting the proposed well project. Two lawyers for several district landowners argued that the deal violates the Arizona constitution.

All the lawyers on Friday will file a new round of briefs taking issue with the briefs posted on this site. An administrative law judge will consider these briefs and make a ruling in several months, which will then go to the corporation commission.

Click here to view the Gliege PDF

Click here to view the Harper PDF

Click here to view the Shapiro PDF

Click here to view the Torrey PDF

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