Water is the most precious commodity here in the desert - it's a limited finite natural resource required for endless unsustainable Suburban Sprawl and rampant real estate speculation gone crazy here in the Southwest. It is The Giver of Life and closely held to benefit everyone in the centuries-old beliefs and cultures of The Gila River Indians who were here before "The Pioneers" were sent from Utah to colonize Arizona.
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Here's some of that history: "
In the latter nineteenth century, few American Indians had rights that powerful economic interests were bound to respect. These speculative interests in central Arizona Territory's Salt River Valley understood this and influenced federal bureaucrats and policymakers to adopt a scheme giving them access to the natural resources of the Gila River Indian Reservation. Led by A. J. Chandler and his Detroit investors, speculators took advantage of a series of poorly written, loosely interpreted, and badly managed federal laws at the turn of the twentieth century and initiated a battle over control of scarce American Indian land and water resources. At stake was the economic and cultural survival of the Pima residing on the Gila River Indian Reservation. . ." -----------------
David DeJong (2014) "Down to the Gila": A. J. Chandler's Desert Land Scheme and the Gila River Indian Reservation, 1891-1911. American Indian Culture and Research Journal: 2014, Vol. 38, No. 3, pp. 1-24.
"Down to the Gila": A. J. Chandler's Desert Land Scheme and the Gila River Indian Reservation, 1891-1911
HERE'S ITEM 5-g > Mesa City Council Meeting on Monday, October 5,2020
| File #: | 20-0954 |
| Type: | Resolution | Status: | Agenda Ready |
| In control: | City Council |
| On agenda: | 10/5/2020 |
| Title: | Approving and authorizing the City Manager to enter into the Second Amendment to the Intergovernmental Agreement with the cities of Avondale, Glendale, Mesa, Scottsdale, and Tempe related to joint legal representation with Engelman Berger, P.C. in the Gila River Adjudication. The Amendment is to add the City of Tempe, which elected to join in the joint legal representation as a party. (Citywide) |
| Attachments: | 1. Council Report, 2. Resolution, 3. Amended Agreement |
COUNCIL REPORT City Council Report
Date: October 5, 2020 To: City Council Through: Karolyn Kent, Assistant City Manager From: Jake West, Water Resources Department Director
Subject: Authorizing a Second Amendment to Intergovernmental Agreement related to joint legal representation in the Gila River General Stream Adjudication (Citywide)
Purpose and Recommendation
Council is requested to approve and authorize the City Manager to enter into a Second Amendment to Intergovernmental Agreement (“Amendment”) among the cities of Avondale, Glendale, Mesa and Scottsdale related to joint legal representation with Engelman Berger, P.C. in the Gila River General Stream Adjudication, whereby the City of Tempe will be added as a party.
Background/Discussion
Engelman Berger, P.C. has represented the cities of Avondale, Chandler, Glendale, Mesa and Scottsdale (the “Cities”) for many years in the Gila River General Stream Adjudication (the “Adjudication”). The Adjudication is a complex lawsuit that has been pending for over 40 years and ultimately will determine rights to use water from the Gila River and its tributaries, including the Salt and Verde River’s which provide much of the supply delivered and used by residents of the City. Mesa, along with thousands of other parties, is a claimant in the Gila Adjudication. The Cities most recently entered an Intergovernmental Agreement (“IGA”) dated July 1, 2019 regarding the joint representation.
This Amendment adds the City of Tempe, which recently elected to enter the IGA. Over the course of the many years during which the Adjudication has been pending, various Cities and Towns have joined and withdrawn from the joint legal representation. The City Attorney’s Office and Water Resources Department believes that the joint representation remains beneficial to the City, and the Second Amendment will authorize Mesa’s continued participation with the other named Cities with the addition of Tempe, which will also share evenly in the payment of attorney’s fees and expert witness fees incurred in the Adjudication. The IGA will remain in effect until a decree is entered unless terminated sooner by the Parties.
Under the IGA, a contract for legal services between Mesa and Engelman Berger, P.C. will be renewed annually at the discretion of the City Attorney in consultation with the City Manager and designee, the Water Resources Department Director. The City Attorney’s Office also continuously monitors the Adjudication and the effort of legal counsel retained in accordance with the IGA. In some cases, an attorney from the City Attorney’s Office also appears jointly with outside counsel. Alternatives
Council may choose not to authorize the Amendment to the IGA. In this case, the City would lose the economic and other benefits of joint legal representation.
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Fiscal Impact
The contract amount for legal fees under the IGA for fiscal year 2020-21 is a maximum of $137,600 to be split equally among the five Cities. Therefore, Mesa’s share will be a maximum of $27,520.00 (reduced from $34,400.00 prior to Tempe’s joining the IGA). Mesa may also pay up to $4,000 as shared expert witness fees in the event that an expert is retained, for a total of $31,520 annually. The amount for legal fees is anticipated to increase in future years, but will continue to be split five ways.
Coordinated With
The development of IGA was coordinated with the City Attorney’s Office.
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