While the Globe City Council voted unanimously last week to decline its share of extra Central Arizona Project (CAP) water, it nonetheless plans to revisit the issue soon.

In his Nov. 29, 2018 letter to Globe Mayor Al Gameros, San Carlos Apache Tribal Chairman Terry Rambler said the Tribe plans to lease 5,925 acre-feet of its CAP water to the Town of Gilbert each year, for up to 100 years, at a price of $5,267.21 per acre-foot.

One acre-foot of water equals 325,851 gallons, or the amount of water needed to cover an acre of land a foot deep.

In his letter, Rambler cited the Dec. 16, 1999 San Carlos Apache Water Rights Settlement Agreement, which gives the City of Globe the right of first refusal for the extra CAP water.

Prior to offering — or accepting an offer — to lease or otherwise transfer all or part of its CAP water supplies to another municipality, the Tribe must first offer Globe 980 acre-feet per year, under the same terms and conditions as the other municipality.

Once the Tribe makes its offer in writing, Globe has 90 days with which to accept or decline.

In his presentation at the Jan. 8 council meeting, Globe City Manager Paul Jepson recommended that the council decline buying any San Carlos water at the offered price of $5,267.21 per acre foot.

Each year, Globe has elected not to accept the extra water, as it has maintained an adequate supply, he said.

Jepson said that Rambler asked Globe to expedite the decision “as best we could,” so that the Tribe could complete its agreement transferring water rights to Gilbert.

He also recommended that the council direct the city attorney to draft a response letter, signed by Gameros on behalf of the council, and send it to Rambler at the earliest opportunity.

Ultimately, the council voted unanimously at its Jan. 8 meeting to decline the Tribe’s offer, but not before a lengthy discussion ensued.

Councilman Fernando Shipley asked that if Globe has the right to buy the water, would it not also have the right to sell it at a profit?

“It’s paper water,” he said. “We can’t get it from the canal to Globe.”

The CAP canal spans 336 miles from Lake Havasu City to Tucson, ending about 14 miles south of Tucson.

Councilman Mike Humphrey agreed, saying, “It’s no good to us because we can’t get it here.”

Shipley went on to say that, given the drought situation, Arizona communities would be “fighting for every drop of water.”

Jepson replied that while staff could look into it, “the caveat here is that there are a lot of moving parts in water law.”

Councilman Freddy Rios pointed out that “time is of the essence,” given that the Rambler’s written offer was dated Nov. 29, 2018.

He said that, while the council should review the agreement, “we can’t pull off a purchase and sale in less than two years.”

Rios recommended that the council vote to decline the offer “to move this forward and then educate ourselves” as a council.

Saying that CAP rates can be “volatile,” Jepson said that city staff could research the matter further, then bring it back to educate the council, “so that we can make good decisions.”

“Personally, I could use an update,” Shipley replied.

Rios pointed out that, as opposed to the ground water Globe is currently pumping, CAP water is surface water needing treatment to make it potable.

Humphrey agreed, adding, “it’s not worth the time and effort,” for Globe to try to use CAP water.

In his letter, Rambler said that, in 2009, the Tribe had given Globe notice of its intention to negotiate a long-term lease with Gilbert for a portion of the Tribe’s CAP water.

At the time, Globe also declined to lease water under the same terms and conditions that the Tribe negotiated with Gilbert.

Since then, the terms of the proposed long-term lease were revised in part, receiving tentative approval recently from the U.S. Bureau of Reclamation and the Bureau of Indian Affairs, Rambler said.

He said that the parties anticipated that the U.S. Secretary of the Interior would give final approval of the proposed lease “very soon.”

“We request that you advise us whether Globe will exercise its right of first refusal as soon as possible — preferably within less than 30 days,” despite the fact that Globe has 90 days under the agreement, Rambler said.

If Globe did not accept the offer within 90 days, the Tribe would move forward to execute its proposed lease with Gilbert, he said.