Do-over on Land Preservation
Proposed initiative throttles back
on two that were shot down by voters in November
arizona daily star
Tucson, Arizona | Published: 04.12.2007
A proposed ballot
initiative aimed at preserving sensitive state land
may not be the silver bullet conservationists and
local leaders are searching for — but it might be
the best way to protect ecologically rich areas
around Tucson, officials said.
Much like two ballot measures that voters shot
down in November, the proposed initiative would set aside 68,000 acres of
state lands in Pima County that have been targeted for conservation,
including areas on Tucson's Northwest and Southeast sides.
House Continuing Resolution 2039 is a scaled-back version of what voters saw in Propositions 105 and 106. Gone are the complicated changes to the State Land Department. Also trimmed is the total amount of land that would be preserved — 196,000 acres — compared with 690,000 acres proposed in Proposition 106.
While the bill might be a compromise that could gain voter approval, its passage would push local governments to come up with huge volumes of cash quickly to pay for the land, most likely through bonds.
Having to come up with the money, especially given the time frame during which the land will be up for sale, has some lawmakers worried about the plan's effectiveness.
Conservationists who favor the proposal said it would provide one of the easiest ways to preserve the land, as other options include complicated land swaps and congressional approval.
Mike Carson, a Vail resident and environmentalist, said that although he sees some shortcomings, he's glad that the legislation would provide some means to preserve some eco-sensitive areas.
"I welcome anything," he said. "Anything is better than nothing. Maybe this will finally give us a vehicle for real land stewardship for the 21st century."
Regardless of the legislation's fate — it still has to be approved by the Senate and signed by the governor before it can get on the ballot — many local officials said they're committed to preserving the lands, and will work to do so in a variety of ways.
"We will try every angle we can," said Marana Town Manager Mike Reuwsaat.
Simplicity a selling point
State lawmakers, local leaders and conservationists are banking on the proposed initiative's simplicity.
Unlike previous initiatives, the bill doesn't require complex reforms to the state land, which could make it easier for voters to digest on Election Day, said John Shepard, deputy director of the Sonoran Institute.
"It's a good compromise, given what happened last November," Shepard said.
Rep. John Nelson, the Phoenix Republican who helped put together the bill, said the legislation "is part 105, part 106," and was developed with the help of "an interesting partnership" that includes people who worked on both ballot measures.
Nelson said the proposal — which has been approved by the House and is now under review by a Senate committee — also would allow the state land commissioner to sell lands that are needed for rights-of-way for such purposes as roads and utility lines.
"So we're taking care of conservation, education and our right-of-way issues," Nelson said. "We have set aside enough lands to generate $6 billion for education — and that may be a conservative estimate."
A dissenting lawmaker
But one lawmaker thinks the proposal is rushed and could possibly set conservation efforts up for failure.
Rep. Pete Hershberger, a Republican whose district includes the Tortolita Mountains, voted against the measure because it doesn't address some key issues with state land.
The State Land Department doesn't have the personnel or the funding necessary to do the work required by the proposed initiative, Hershberger said.
"You have to have the personnel to do those studies," he said. "You can't just throw this new job at them."
Each year the State Land Department processes between 3,000 and 4,000 acres for development, leasing or other special arrangements.
The task of processing 196,000 acres between 2008 and 2014 would be difficult, said Jamie Hogue, a spokeswoman for the department.
"The sheer volume of land in the time frame that's being contemplated — that's a significant amount of work," she said.
The process for conserving the land might be easier than getting the land set up for development, Hogue said.
Still, the department would need some extra money from the Legislature to undertake the initiative's requirements, Hershberger said. That's why he'd like more time to study the impact of the initiative to get a better idea of the cost.
It's not clear how much extra work the initiative would create, but talks at the Legislature now include figuring out a way to give more funding to the Land Department, Hogue said.
"People are discussing resources for the agency," she said. "How it fits together I'm not sure yet."
Period of time a concern
Also of concern is the time period given to local governments and conservationists to come up with money for the land.
"The time required to purchase land is too short — we might miss it," Hershberger said. "If those windows close, developers just gobble up everything."
But the lands the initiative would protect are already in danger of being developed, said Andy Laurenzi, director of land and water policy for the Sonoran Institute.
"These lands are at risk today," Laurenzi said.
That would include a portion of Davidson Canyon, located within the Cienega Creek Natural Preserve southeast of Tucson. California Portland Cement wants to blast and dig an open-pit mine in the canyon to extract limestone and calcium carbonate.
Nicole Fyffe, executive assistant to County Administrator Chuck Huckelberry, said it appears that the legislation would not prevent the proposed mine.
Carson said the legislation should include provisions for protecting places like Davidson Canyon, because state and federal laws "are toothless," and instead encourage mining on state trust lands.
The coalition will press Southern Arizona lawmakers to include provisions in the final version of the plan to protect Davidson Canyon, he said.
Officials in Marana have been trying for years to preserve state lands near the Tortolita Mountains, and the initiative might finally make the area off-limits to developers, said Marana Mayor Ed Honea.
The town already leases state land in the area — about 2,400 acres called the Tortolita Preserve — and nearby lies Tortolita Mountain Park. Both are destinations for mountain bikers, hikers and horseback riders.
The initiative would extend both the mountain park and the preserve, essentially making the entire Tortolita fan one big piece of conserved land.
In an ideal situation, the lands would be brought under the control of one entity, most likely the federal Bureau of Land Management, said Marana Town Manager Mike Reuwsaat.
After that, the area could be designated a national monument, similar to Ironwood Forest National
Monument west of the town.
Protecting land not assured
Even if the measure gains approval from the Senate, the governor, the voting public and Congress, the lands are far from secure.
Local governments or conservationists would be required to pay market value for the land, which, while cheaper than buying the land at auction, still wouldn't be easy, said Shepard, of the Sonoran Institute.
The most likely scenario includes using bonds to purchase the land, Shepard said. That would require time and additional voter approval.
If the initiative isn't successful, local leaders and conservationists will try for a land swap between the state and federal governments.
Still, the proposed initiative might be the best option to preserve the land, said Laurenzi.
"This is another tool in the toolbox in moving forward on protecting sensitive land," he said.
● Contact reporter Aaron Mackey at 618-1924 or amackey@azstarnet.com. Contact reporter Tim Ellis at 807-8414 or
tellis@azstarnet.com.
Bicyclist Craig Wilson weaves
his way through the Tortolita Preserve which could be
protected from development
A ridge overlooks a portion of
Davidson Canton where
California Portland Cement wants to dig an open pit mine