AI- 4607
.
Special / Executive Session Board of Supervisors Meeting
- Meeting Date:
- 06/11/2019
- Title:
- Update on SPRNCA Adjudication and County's participation in CCRN
- Submitted By:
- Sara Ransom, County Attorney
- Department:
- County Attorney
Presentation:
No A/V Presentation
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
NAME
of PRESENTER:
of PRESENTER:
Sara Ransom
TITLE
of PRESENTER:
of PRESENTER:
Deputy County Attorney
Mandated Function?:
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Board of Supervisors
Suggest the Board enter executive session pursuant to A.R.S. 38-431.03(A)(3) and (4) to allow the County Attorney's Office to obtain direction from the Board after evaluating legal strategies with respect to the SPRNCA Adjudication and the County's participation in the Cochise Conservation and Recharge Network (CCRN), including discussion of contracts related to conservation and recharge projects contemplated by the CCRN.
This executive session is authorized under A.R.S. 38-431.03(A)(3) and (4).
Suggest the Board enter executive session pursuant to A.R.S. 38-431.03(A)(3) and (4) to allow the County Attorney's Office to obtain direction from the Board after evaluating legal strategies with respect to the SPRNCA Adjudication and the County's participation in the Cochise Conservation and Recharge Network (CCRN), including discussion of contracts related to conservation and recharge projects contemplated by the CCRN.
This executive session is authorized under A.R.S. 38-431.03(A)(3) and (4).
Background:
The County has appeared as an active party in the SPRNCA Adjudication, which generally seeks to quantify amounts of water minimally needed by the Bureau of Land Management to fulfill the purposes of the reservation. The Court has received all evidence, and has set a briefing schedule for the parties. In executive session, the County Attorney's Office will provide an update on the evidence presented to the Court and the arguments the County intends to make to the Court based upon the evidence, as well as the potential outcomes of the contested case.
The County is a member of the Cochise Conservation and Recharge Network (CCRN). The CCRN engages in a variety of conservation and recharge projects aimed at supporting the flows of the San Pedro River and recharging the regional aquifer underlying much of the river. These projects involve several contemplated contracts, and the County may be a party to such contracts. In executive session, the County Attorney's Office will discuss the County's membership in the CCRN, and how that membership relates to potential litigation or contract negotiations that could impact the County. The County Attorney's Office will also discuss CCRN's on-going and contemplated projects and the legal ramifications of entering or foregoing certain contracts related to those projects.
The County is a member of the Cochise Conservation and Recharge Network (CCRN). The CCRN engages in a variety of conservation and recharge projects aimed at supporting the flows of the San Pedro River and recharging the regional aquifer underlying much of the river. These projects involve several contemplated contracts, and the County may be a party to such contracts. In executive session, the County Attorney's Office will discuss the County's membership in the CCRN, and how that membership relates to potential litigation or contract negotiations that could impact the County. The County Attorney's Office will also discuss CCRN's on-going and contemplated projects and the legal ramifications of entering or foregoing certain contracts related to those projects.
Department's Next Steps (if approved):
If the Board enters executive session, it may evaluate the information shared by the County Attorney's Office and request additional input and legal guidance as needed with protections of privilege, so the advice and strategy considerations would not be made public. The Board would then provide direction to the County Attorneys' Office as to how it wishes to proceed.
Impact of NOT Approving/Alternatives:
If the Board does not go into executive session, information shared by the County Attorney's Office will not be protected by privilege and will be public information. The Board would still be asked to provide direction once the information is provided.
To BOS Staff: Document Disposition/Follow-Up:
N/A