Testimony of Rep. Nancy McLain before an Administrative Law Judge
in the matter of Wind River Resources, LLC: Application
to Transfer Water from Arizona to Nevada, Beaver Dam,
AZ, March 3, 2007
I am not an attorney nor a hydrologist, so I cannot address any of the technical
issues in this hearing. I am a member of the AZ House of Representatives
and I do represent the residents of these communities in the Legislature.
After the severe flood of 2005, I advocated for my constituents with Mohave
County for faster action in addressing their needs. I was able to clear
a logjam at the County level with regard to bidding procedures during an emergency.
When I learned of the efforts to incorporate this area in early 2006, I spoke
with as many directors of state agencies as I could reach, and I believe there
were 5 or 6, asking them how their agencies could assist the residents in the
incorporation process and afterwards. This included the Departments of
Water Resources, Environmental Quality, Housing and others. They were
all receptive to providing information, and I believe the incorporation leaders
made contact with all of the names I provided to them.
Later in 2006, when I learned of the application to transfer water from the
Beaver Dam area to Nevada, it was my responsibility to again advocate for my
constituents. I did contact Director Herb Guenther about this issue,
but I believe it is important to note that Dep. Director Karen Smith is the
person who actually responded by phone to my e-mail. During that conversation
I asked Ms. Smith where on the department's web site I could find Wind River's
application as I had not been able to locate it. As we were speaking,
she tried to locate it herself and could not. A day or two later she
left a message for me that the application could now be found by clicking on "Hot
Topics" on the home page of the site.
I also spoke with the Speaker of the House and other colleagues and urged them
to register their protests to the loss of Arizona water with ADWR and later
with the Administrative Law Judge.
Most of the residents who contacted me were truly frightened that they might
lose all they had worked and saved for to live out their retirement years. Others
had businesses in the area that they believed would be harmed by the potential
loss of water. All who contacted me were surprised that AZ would even
consider transferring water to another state, considering the growing needs
of this area and other areas.
The public meeting that ADWR held here in November, 2006 did much to answer
the questions that residents had raised as to the procedures that ther department
was required to follow, but I don't believe it did much to assuage their fears.
One of the most unfortunate aspects of this whole matter is the rift that has
been created between the residents of Arizona and Nevada. As is common
in the area known as the AZ Strip, there are family relationships that cross
state boundaries. Some of these relationships have been strained as tensions
and fears about possible water loss were raised. Much was made of the
services provided by Mesquite to residents of the Beaver Dam/Littlefield area. I
have found such cooperation to be the rule with state border communities, whether
it be here, or with Fredonia (another small town in my district) and Kanab,
UT, or even in my hometown of Bullhead City with Laughlin, NV.
I am hopeful that once this issue is behind us the communties will reach out
to each again, and I am sure that they will.
I consider that my most important function as a legislator is to be a voice
for my constituents, especially for those in the most remote areas of the three
counties within my rural district. After hearing the testimony during
the past two days, I am even more convinced that this proposed transfer is
not in the best interests of this area or Arizona as a whole.
It is my fervent hope that your recommendation is for the denial of the application
and that Director Guenther confirms that recommendation.
Rep. Nancy McLain
AZ House of Representatives
District 3