RE: Clean Water Act Designation of Santa Cruz River

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1 July 17, 2008 Chairman Richard Elias and Members of the Board Pima County Board of Supervisors 130 W. Congress, 11 th Floor Tucson, Arizona RE: Clean Water Act Designation of Santa Cruz River Dear Chairman Elias and Members of the Board: Thank you for calling a Special Meeting of the Board of Supervisors to discuss a critical issue regarding the suspension of the Army Corps of Engineers (ACOE) Traditional Navigable Waters (TNW) determination of 54 miles of the Santa Cruz River. This determination was deemed, in May 2008, consistent with the Clean Water Act (CWA), the agencies regulations (including 33 C.F.R ), relevant case law, and existing guidance. The Coalition for Sonoran Desert Protection urges the Board of Supervisors to declare support for this determination and, in light of the recent suspension of the determination, to assist in its reinstatement by doing everything you can at both the Board and staff level to accomplish this important goal. The purpose of the Clean Water Act is to maintain the chemical, physical, and biological integrity of the nation's waters. This is done by preventing point and nonpoint pollution sources, providing assistance to publicly owned treatment works for the improvement of wastewater treatment, and maintaining the integrity of wetlands. Another key goal of the Clean Water Act is protecting and maintaining the health of our watersheds, an essential element in retaining quality habitats for people and wildlife. Pima County has a strong history of supporting the restoration and maintenance of the chemical, physical, and biological integrity of the Santa Cruz River and its watershed. This includes a decade of implementing the Sonoran Desert Conservation Plan (SDCP) and Multi- Species Habitat Conservation Plan, participation in ACOE projects such as Paseo de las Iglesias, El Rio Medio and Tres Rios del Norte, and opposition to the Rosemont Mine, a project that would irreparably damage and pollute tributaries to the Santa Cruz River such as Barrel and Davidson Canyons. In particular, the SDCP process has clearly established that the Santa Cruz River creates an essential ribbon of riparian habitat through Pima County. Protecting riparian areas is of highest priority in our region, for wildlife, and our own quality of life.

2 Designation of 54 miles of the Santa Cruz River as a TNW is one more critical step in ensuring that all relevant regulations are being enforced to protect the water quality and riparian habitat of this important, yet much threatened, river ecosystem. In the May 23 ACOE report outlining the TNW determination, the report states that the Study Reaches were determined to be TNW based on the following factors: 1. The physical characteristics of the Santa Cruz River within the Study Reaches indicate that they have the capacity and susceptibility to be navigated by recreational watercraft. 2. The Study Reaches within the Santa Cruz River have public accessibility. 3. The Study Reaches within the Santa Cruz River have been used for interstate commerce and have the potential to be used for commercial activities involving navigation and interstate commerce in the future. The report elaborates by supporting these three statements with specific historic evidence and scientific data. We agree with the conclusions of this report, and question why it has been subject to an unspecified "policy review." Sound science should guide policies that determine national waters subject to regulations under the Clean Water Act. Given the legitimate findings of the May 23 ACOE report and the well-established conservation history in Pima County, we urge the Board of Supervisors to unequivocally declare their support for the Santa Cruz River TNW determination. Furthermore, in light of the recent suspension of this determination, we ask you to do everything you can to assist in the reinstatement of the determination. Thank you for considering our comments on this matter. For your review, I have attached letters on this issue from our Congressional Representatives Grijalva and Giffords. Sincerely, Carolyn Campbell Executive Director cc: C.H. Huckelberry, County Administrator Attachments (2)

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