Authorize the County Attorney, on behalf of Cochise County and the Board of Supervisors, to intervene in The General Adjudication of All Rights to Use Water in the Gila River System and Source, in order to protect the interests of the County and its residents in the availability of water in the Sierra Vista Subwatershed of the Upper San Pedro River.

 

Pursuant to A.R.S. § 38-431(A)(3) and (A)(4), the Board may go into executive session for legal advice with the attorney of the public body and to consider its position and instruct its attorney regarding the public body’s position regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation.

Given the past history of the Gila River Adjudication, and the potential impact upon residents and entities with business interests in Cochise County, of claims asserted by various agencies on behalf of the federal government in the course of the Adjudication—especially as they related to the Sierra Vista Subwatershed of the San Pedro River—it is important for the County to assert itself in the Adjudication.  Accordingly, the County Attorney is seeking Board authorization to intervene in the Adjudication.  The County Attorney would develop and implement a legal strategy in consultation with the County Administrator and, from time to time, with the Board.