RESOLUTION 5143: AUTHORIZATION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR JOINT LEGAL REPRESENTATION IN THE WHITE MOUNTAIN APACHE TRIBE WATER SETTLEMENT
Staff Contact: Michael D. Bailey, City Attorney
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Purpose and Recommended Action
Recommendation
This is a request for Council to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement and contract for legal services with the cities of Avondale, Chandler and Scottsdale for joint legal representation regarding the settlement of water rights claims by the Water Mountain Apache Tribe (WMAT).
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Background
On February 12, 2013, the City Council approved the Amended and Restated White Mountain Apache Tribe Water Rights Quantification Agreement, including a Lease Agreement for the Tribe's Central Arizona Project (CAP) water.
The agreements are the culmination of settlements talks with the WMAT and others dating back to 2004. For 12 years, Glendale has been actively involved in negotiations with the United States Bureau of Reclamation, the State of Arizona, the Salt River Project Agriculture Improvement and Power District, the Salt River Valley Water Users' Association, the Roosevelt Water Conservation District, the cities and towns of Avondale, Gilbert, Mesa, Peoria, Phoenix, Scottsdale, Show Low, Tempe and Gilbert, the Buckeye Irrigation Company and the Buckeye Water Conservation District to resolve long-standing water rights claims to the Salt River by the WMAT.
Since 2008, the cities of Avondale, Chandler, Glendale and Scottsdale, have jointly retained the services of Engelman Berger, P.C. to negotiate and resolve the WMAT's Salt River watershed claims.
Analysis
Staff recommends approval of this request. While the Amended and Restated White Mountain Apache Tribe Water Rights Quantification Agreement and Lease Agreement has been signed and executed by all parties, additional legal work is required before the Agreements bec...
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