Lake Havasu City Seeks Future Water Rights with Arizona Water Resources

Bill Williams River Diversion Project

Introduction: Lake Havasu City (the City) and Arizona Water Resources, LLC (AWR) have joined together to develop the Bill Williams River Diversion Project (Project) to divert a small part (8,000 AFY average) of water from the Bill Williams River before it enters the Colorado River and is lost to the State of Arizona. The City needs the water to offset likely Colorado River shortages as the elevation of Lake Mead declines. AWR would fund the estimated $50 million construction cost and the City would acquire the Project and its water supply over time, as new development occurs.

The Project consists of a sub-surface diversion facility and fish barrier located in the narrows about 4 miles upstream from the Highway 95 bridge. A pumping plant and 5 mile long 42-inch diameter pipeline would deliver the diverted Bill Williams River water to the CAP. CAP would use the Bill Williams River water and, by exchange, allow Lake Havasu City to divert an equal amount of CAP’s water from the Colorado River.

Refuge Compatibility Determination: Since the diversion facility and short reaches of the pipeline are within the Bill Williams River National Wildlife Refuge (Refuge), the US Fish & Wildlife Service must determine whether the proposed Project is compatible with the published purposes and goals of the Refuge. The Project has been configured to assist the Refuge in meeting those published purposes and goals.

The Project would:

* Improve and extend the existing La Paz County road about 0.5 miles to the diversion site, providing improved public access and wildlife viewing opportunities at the mouth of the beautiful canyon area.

* Help the LCR MSCP restore Big River native fishes in the reach of the Bill Williams River between Planet Ranch and the Project diversion site.

* Include a 0.25 mile fire break at the diversion site to protect Project facilities and half of the habitat along the 8 miles of River corridor between Lake Havasu and Planet Ranch.

* Establish a right to appropriate for use by the City a part of the Bill Williams River flow near the lower end of the Refuge. This would prevent new upstream uses and assure that water continues to flow through the Refuge to the diversion site, resulting in protection of Refuge in-stream flows and riparian habitats.

Contacts:
Lake Havasu City Attorney - Kelly Garry (928) 453-4144
AWR Consulting Engineer - Michael Clinton (702) 807-9071

Lake Havasu City Council Unanimously moves to ADOPT RESOLUTION NO. 08-2326 APPROVING A JOINT SUBMISSION WITH ARIZONA WATER RESOURCES

Lake Havasu City Council Regular Meeting
Police Facility, 2360 McCulloch Boulevard North
Tuesday, September 23, 2008, 6:00 P.M.

CALL TO ORDER
Mayor Mark Nexsen called the meeting to order at 6:05 p.m.
ROLL CALL
PRESENT: Councilmembers Mark Nexsen, Cindy Aldridge, Don Callahan, David McAtlin, Margaret Nyberg, Dennis Schilling, and Brian Wedemeyer.

PUBLIC HEARING: ADOPT RESOLUTION NO. 08-2326 APPROVING A JOINT SUBMISSION WITH ARIZONA WATER RESOURCES FOR A REQUEST TO THE U. S. FISH AND WILDLIFE SERVICE FOR A DETER-MINATION OF COMPATIBILITY OF A PROPOSED DIVERSION FACILITY TO BE CONSTRUCTED WITHIN THE BILL WILLIAMS RIVER NATIONAL WILDLIFE REFUGE
Acting City Attorney Kelly Garry advised that at the September 9, 2008, Work Session, Arizona Water Resources presented an overview of a proposed project to construct a diversion facility within the Bill Williams River National Wildlife Refuge to divert unappropriated water from the Bill Williams River to Lake Havasu City.
Ms. Garry explained that there were several steps in the process, but the initial step was to submit a request to the U. S. Fish and Wildlife Service for a national wildlife refuge appropriate uses determination and to determine the compatibility of the project within the Bill Williams River National Wildlife Refuge. She also stated that council directed staff to move forward with the process. She pointed out that this action in no way binds the council into entering into an agreement for the project nor does it bind the city in any way financially.

Councilmember Callahan moved to approve RESOLUTION NO. 08-2326 authorizing the city to jointly submit with Arizona Water Resources a request to the United States Fish and Wildlife Service for a determination of compatibility of a proposed diversion facility, seconded and unanimously carried.

Arizona Water Resources presents case to Lake Havasu City Council (Public Hearing)

Lake Havasu City Council Work Session
Police Facility, 2360 McCulloch Boulevard North
Tuesday, September 9, 2008, 5:00 P.M.

CALL TO ORDER
Mayor Mark Nexsen called the meeting to order at 5:00 p.m.

ROLL CALL
PRESENT: Councilmembers Mark Nexsen, Cindy Aldridge, David McAtlin, Margaret Nyberg, Dennis Schilling, and Brian Wedemeyer

CALL TO THE PUBLIC
There were no requests to address the city council.

PUBLIC HEARING: DISCUSSION RE: PROPOSED AGREEMENT FOR DEVELOPMENT AND USE OF BILL WILLIAMS RIVER WATER
Acting City Attorney Kelly Garry advised that the city was approached by the company, Arizona Water Resources, LLC (AWR) with the possibility of venturing into an agreement to appropriate several thousands of acre feet of excess surface water from the Bill Williams River to be utilized by the city. She noted that AWR was here to give a presentation to the city council describing the project and also to answer any questions that may arise. She also noted that the purpose of this presentation is to 1) Determine if the city council wants to direct staff to continue negotiations for an agreement for this project, and 2) One of the steps of the project is to give a compatibility assessment to the U.S. Fish and Wildlife Service regarding the construction of the project.