Water Transfer

Print Feedback

Font Size: + -

The Town is developing a multifaceted approach for ensuring long-term, generational access to water.

One element of the overall strategy is the purchase of water rights from a property owner in the Cibola Valley in La Paz County.

Because the agreement involves 4^th Priority Colorado River Water, approval was required by the U.S. Bureau of Reclamation (USBR) and the Arizona Department of Water Resources (ADWR).

Update as of April 2024

The Town began receiving 4th Priority Colorado River Water last summer following an extensive four-year evaluation process by State and Federal officials. The process resulted in a finding of no significant impact on the environment by the United States Bureau of Reclamation (USBOR), and a recommendation for approval by the Arizona Department of Water Resources (ADWR). The transfer is part of the Town’s effort to develop renewable supplies and reduce reliance on groundwater.

A lawsuit against USBOR was filed in late 2022 by several Western Arizona municipal corporations regarding the finding of “no significant impact.” While the Town was not a party to the lawsuit, amicus briefs were filed by the Town to provide certain input as an impacted third party.

As part of the lawsuit, the Plaintiffs preliminary injunction was requested to prevent USBOR from entering contracts to transfer the water. The judge denied the injunction, and in June 2023 the Town began receiving the transferred water, which was immediately used to offset groundwater pumping.

In February 2024, the judge ruled that only two of the plaintiffs have standing, the City of Yuma and Yuma County. The court rejected all of the plaintiff’s arguments except the Court ruled that:

the USBOR should study whether the transfer will establish a precedent for future water transfers with significant effects.
the USBOR should study whether the transfer will may have a cumulatively significant impact related to Town of Queen Creek’s growth.

In the February 2024 ruling, the court ruled that USBOR’s decision was not properly made, but stayed the ruling and a subsequent hearing was set to consider the proper forms of remedy.

In April 2024, the hearing was held to consider forms of remedy. The judge took the arguments presented under advisement and the stay of the court’s order remains in place until a subsequent ruling is made to allow the parties to explore a potential agreement on the proper remedy. During this time, the Town will continue to receive the transferred water.

The Town continues to support the findings of the USBOR and ADWR as the established process was followed and is open to exploring a supplemental environmental analysis. The transfer does not remove water from the Colorado River, it transfers water that has been fully consumed for off-River agricultural purposes. The Town’s use is offsetting current groundwater pumping and does not have an impact on Queen Creek’s growth.

Next Steps

The Court’s ruling to determine the appropriate remedy given its findings.

Announcement: Queen Creek Receives Transferred Water

After a five-year process, the Town of Queen Creek has begun receiving 4th priority Colorado River Water from Cibola, Arizona – reducing the reliance on groundwater.

In 2018, the Town approved a purchase agreement with a landowner in Cibola Valley for a portion of their water rights. The Town followed the established process for transferring Colorado River Water, which included reviews by the Arizona Department of Water Resources (ADWR) and the Bureau of Reclamation USBOR).

“I would like to take the opportunity to express our appreciation to everyone who helped facilitate this important process, including ADRW, USBOR and the Central Arizona Project,” stated Queen Creek Mayor Julia Wheatley. “As a Council, we began discussing diversifying our water supply nearly a decade ago. Thanks to the foresight of previous and current Town Councils, we were able to have important conversations about where our water was coming from at the time, what it would look like in the future and opportunities to do it differently – more efficiently. We made the strategic decision to reduce our reliance on groundwater in a way that is cost effective to our residents and future generations. Receipt of this transferred water is one element of that overall strategy.”

The Town is receiving 2,033 acre feet of water per year in perpetuity. The Town made a one-time payment of $24 million for the water rights. The water is being delivered through the Central Arizona Project (CAP) canal, which runs along the Town’s eastern border.

“This transfer may seem like a small amount – but over 100 years and with its reuse, it is nearly 365,000 acre feet – and a direct reduction to groundwater pumping,” shared Queen Creek’s Director of Water Resources Paul Gardner. “The Town is continuing to evaluate additional renewable supplies, including Harquahala water and participating in the study to raise Bartlett Dam. Water is a finite resource, and we will continue to do our part to diversify our supply.”

Other efforts include using all of the Town’s treated effluent and establishing three additional recharge sites. The Town is working with new developments on creative ways to reduce water use, including onsite lakes that store their treated effluent. The Town also offers a robust water conservation program for residents including free water workshops and classroom education for youth regarding water conservation strategies.

While the statutory 100-year water supply for all current Queen Creek customers is maintained, the Town is working toward becoming a designated provider by 2030 with a continued focus on renewable supplies and limiting the need for groundwater.

The Town remains committed to ensuring a safe, reliable supply of water today and into the future.

For additional information about the Town visit QueenCreekAZ.gov. To stay updated on events and activities, follow the Town on Facebook.com/QueenCreek or Twitter.com/TownofQC.

Queen Creek’s Use

Through an agreement with the Queen Creek Irrigation District permitted recovery wells, the Town has the ability to use the transferred water through storing and recovering it, offsetting groundwater use with renewable water.

The transferred water will help the Town minimize its reliance on groundwater - benefiting current and future generations.

Reducing the reliance on groundwater with renewable water is the intention of the Groundwater Management Act. While the Town has the legal right to continue to pump groundwater, the transfer will help the Town be good stewards of water and preserves as much groundwater as possible.

The Town’s near-term strategy is to secure renewable water supplies to offset its current groundwater pumping. When purchasing renewable water supplies, the Town considers immediate needs and future needs, willing sellers, water resource costs, reliability, volume, regulations, timing, and other relevant factors. This transfer is one element of the Town’s overall strategy.

Transfer Process History

Since the transfer involves 4th Priority Colorado River Water, review / approval was necessary by the U.S. Bureau of Reclamation (USBR) and the Arizona Department of Water Resources (ADWR).

Both processes have been used by the State of Arizona and the Federal Government for many years and have overseen many water rights transfers. These formal processes require extensive public outreach.

On Aug. 1, 2019, GSC Farm and the Town submitted a request for consultation to ADWR with a proposed transfer of approximately 2,100-acre feet.

In November 2019, ADWR initiated the public comment period. A series of public meetings were held by ADWR as part of the public comment process, in addition to receiving written public comments. ADWR extended the 30-day public comment period to 40 days and on May 7, 2020, GSC Farm and the Town submitted a response to the public comments to demonstrate that the transfer will result in beneficial use, decreasing reliance on groundwater, without causing significant negative consequence in Cibola Valley.

On Sept. 4, 2020, the Director of ADWR recommended a transfer with a preliminary amount of 1,078-acre feet.

In the fall of 2020, GSC Farm provided additional information to ADWR related to the projected reasonable market demand. ADWR applied the analysis of their preliminary recommendation to the proposed development and updated the recommended transfer amount to 2,033.01-acre feet per year (af/yr) while retaining 50 af/yr for future use.

In January 2021, GSC Farm and the Town initiated the transfer process with the U.S. Bureau of Reclamation (USBR). The USBR considered impacts of the proposed transfer, as required by the Natural Environmental Policy Act (NEPA). The environmental assessment (EA) considered key resource concerns identified during scoping.

As part of the NEPA process, the USBR provided public notice of the scoping of the EA and the draft EA.

Following the final environmental assessment, the USBR issued a finding of no significant impact (FONSI).

ADWR Water Rights Transfer Process Policy

Submit a Request for Consultation and Water Use Management Plan to the director at least 150 days prior to proposed transfer
Public Outreach Conducted by ADWR:
- Publish two public notices in paper
- Notify the La Paz County Planning & Zoning
- Notify all users within the Cibola Valley Irrigation District
- May notify all interested parties
- 30-day public comment
Recommendation from the Director 60 days after public comment (recommendation from the Director with updated quantification)

USBR Water Rights Process

Queen Creek, AZ

Popular Searches

Service Finder

HOW DO I

Request

Public Records

Water Transfer