Requirements for ag water entitlements before MVIDD board

September 4, 2018

MOHAVE VALLEY — Mohave Valley Irrigation and Drainage District board members will consider approval of requirements for agricultural water entitlement at Tuesday’s regularly scheduled meeting.

Board members will meet at 2 p.m. at the district office, 1460 East Commercial St., to determine if they will move to executive session to seek legal advice from counsel on threat of litigation from Mohave County.

Mohave County Board of Supervisors voted Aug. 13 to approve delivery of a notice of claim against MVIDD. At issue is the failure of board members to disclose personal financial gain in the event of the transfer of Colorado River water out of the district.

MVIDD will have 60 days after the notice of claim to respond or a lawsuit may be filed.

Arizona requires anyone seeking to file suit against a public entity to first file a notice of claim detailing the nature of their claim and factual support establishing viable cause of action against the entity.

Executive sessions are not open to the public. No action can be taken during executive session.

During the public meeting, members will consider and possibly take action on Resolution 2018-02.

In meetings in June, July and early August, board members and staff worked to clarify language and requirements for entitlements, including stronger differentiation between new agricultural entitlements, which happen infrequently, and agricultural water entitlement transfers that occur routinely, which members said have been used in practice but were not codified prior to this resolution.

Board members will discuss and possibly take action to approve an extension request to put water to beneficial use on Contract 2017-01A, held by John Kai and Jihong Trustees, and will consider two applications for preliminary water allocations. One application is for 41 lots in the amount of 13.94 acre-feet of water for use in Sunset Palms. The second application is for 41 lots in the amount of 13.94 acre-feet of water in Patriot Estates.

An acre-foot is enough water to support two households for one year. If approved, both water allocations would expire Sept. 4, 2021.

Members also will hear an update from Herb Kai regarding progress on well rehabilitation in Section 16. Members required regular updates from Kai during a special meeting Aug. 13, when Kai requested an extension of time on contract 2008-08 to either rehab the non-working existing well or to drill a new one. The board granted an extension through Oct. 2 to determine if the existing well can be rehabilitated and the board could consider another extension request for drilling a new well on Oct. 2. This item is for discussion only.

The public meeting begins at 4 p.m. at Mohave Valley Fire Department, 1451 Willow Drive.

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