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11.
City Council Work Session
Meeting Date:
09/23/2025
From:
Sterling Solomon, City Attorney
Department:
City Attorney
Co-Submitter:
Lee Williams and Rebecca Sayers

TITLE:

Discussion regarding the continued release of reclaimed water into the Rio de Flag for the enhancement of wildlife habitat, consistent with the Bow and Arrow Park Agreement, subject to general availability and advanced water purification technologies.
 

DESIRED OUTCOME:

Discussion of Resolution 2025-51 to be considered at the October 7, 2025 Council Meeting to continue release of reclaimed water consistent with the Bow and Arrow Park Agreement. 

Executive Summary:

The City entered into an agreement with Arizona Game and Fish Department in 2010 committing the City to release a “weekly hourly average of 200 gallons per minute of reclaimed wastewater” for a term of 20 years. The terms and conditions included a minimum weekly hourly average of 100 gallons per minute (GPM) from Wildcat Hill Wastewater Treatment Facility into the Rio de Flag near Picture Canyon for wildlife habitat enhancement. The agreement also required a minimum weekly hourly average of 100 GPM from the Rio de Flag Wastewater Treatment Facility into the Rio de Flag near the I-40 wetlands for the purposes of wildlife enhancement. An additional term required a weekly hourly average of 50 GPM (of the 200 GPM commitment) into Frances Short Pond.

In the 2010 agreement, the City committed to grant public access adjacent to the release point of the effluent/reclaimed water at Wildcat Hill Wastewater Treatment Facility for a Watchable Wildlife open space park. Also, the agreement included the provisions for the City to obtain proper permitting and perform monitoring and reporting according to requirements of the Arizona Department of Environmental Quality. The City also committed in the agreement not to convey ownership of the effluent/reclaimed water to another party.

The 2010 agreement will expire in a few years yet the City recognizes the community benefit of preserving and enhancing riparian and wildlife areas on a long-term basis, subject to advanced water purification technological options, regulations, and availability.

Recognizing the benefit of the commitments mentioned above, City staff believes it is feasible and recommends continuing the release of the same amounts of effluent/reclaimed water for the purposes of preserving and enhancing riparian and wildlife areas. This resolution will provide for those same releases over a longer term, subject to general availability and needs related to advanced water purification.

Information:

This item is to give City Council information related to staff's recommendation to adopt Resolution 2025-xx at the October 7, 2025 City Council Meeting.

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