Marana, AZ

The Arizona Supreme Court has ruled that the town of Marana is in violation of state law after forcing future homeowners to bear the complete costs of a new wastewater reclamation facility.

The justices said in an unanimous decision that development investment fees may not be imposed onto new residents if it is a burden that all taxpayers should carry equally, according to state law.

The justices emphasized that their ruling was to not second-guess Marana’s policy judgements about what is needed to obtain a 100-year water supply, but to “narrowly construe the Town’s authority to assess development fees… to ensure that new residents do not bear a disproportionate share of the costs of necessary public services.”

“As a threshold matter, most if not all of the acquired, new, improved, and expanded facilities clearly provide necessary public services,” Justice Clint Bolick wrote.

Back in 2012, Marana obtained the wastewater reclamation facility from Pima County. This allowed for the facility’s effluent to contribute to the 100-year water supply and use it to “recharge” the aquifer, demonstrating long-term water supply.

In 2017, Marana approved a Capital Improvement Project that would raise the town’s Class B+ water quality standard to the highest water quality possible, Class A+. But then, the town assigned 100% of the project debt to future water and sewer customers.

A lawsuit was then filed in 2018 by the Southern Arizona Home Builders Association.

The court of appeals upheld the trial court’s decision to side with Marana saying that the intent of the project was “entirely for purposes of new development” and that the town’s assessment of development fees was valid. However, the state supreme court says that validity does not apply in this case when the need for improved facilities are “unchallenged.” The court also added that intent is irrelevant, especially when permission is determined through a town’s compliance with state requirements.

Marana’s attorneys contended, saying that the level of service for existing residents remained the same.

“They get tap water. They flush the toilet and it goes away.”

Bolick disagreed, saying that state law actually requires “new development costs [to be] based on the same level of service provided to the existing development,” which was B+ water quality– not A+. Yet, the Arizona Department of Environmental Quality required Class A+, based on available technology.

“The uncontroverted evidence demonstrates that the improvement in water quality from B+ to A+, which ADEQ mandated as a condition of the project, provides healthier water that may be used for a wider variety of purposes— to the entire community’s benefit,” the justice wrote.

Now, the Southern Arizona Home Builders Association may be able to argue expenses included in the fees. However, this does not mean that new development does not have to pay their proportionate share. The proper allocation of costs requires “evidence-based findings” under the state statute.

The state supreme court sent the case back to the trial court to determine cost allocation.

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Posted at 3:29 PM, Mar 02, 2023

and last updated 3:15 PM, Mar 02, 2023

TUCSON, Ariz. (KGUN) — The future of water remains a topic of concern in southern Arizona, especially on the heels of some neighborhoods and in other parts of Arizona running out. Recently, the town of Marana and city of Tucson spoke on the topic.

KGUN 9 reached out to those leaders to find out just where Marana and Tucson stand when it comes to our water.

Both the town of Marana and city of Tucson get their water from three different sources.

Those sources include CAP water which is from the Colorado River. The second is reclaimed water, which is waste water that's been treated. The third is ground water stored in the earth from the rain.

Currently local leaders say Tucson has one of the strongest water supplies in the western United States.

"More recently, we've been purchasing all of our available river water through the CAP and storing that and using that for later," John Kmiec, Director of Tucson Water, said. "The early 1980's Tucson Water was one of the first major utilities in the state of Arizona to develop a reclaimed water system. Where we're utilizing highly treated wastewater effluent for non drinking water throughout the community."

More water coverage in southern Arizona:

Kmiec says Tucson currently uses 104.191 acre feet a year of water from the Colorado River, even though the city doesn't use it all.

"That excess water has been banked in the aquifer in Avra valley and in South Tucson for future Tucsonans to use," Kmiec said.

Tucson city leaders are also working on banning ornamental grass.

"So it wouldn't affect single family homes, wouldn't affect schools, parks, places where active recreation is going," Kmiec said. "But it would address those areas where turf is more used as important ornamental piece."

Meanwhile the town of Marana has nearly doubled its population in the past decade. Its city manager Terry Rozema says they have enough water but are working to secure more.

"We're in the middle of a Water Task Force. We're identifying different sources," Rozema said. "We are have an application in with the State Department of Water to increase our designation of assured water supply to essentially double it to approximately 15,000 acre feet. So that we will be able to serve our community well into the future."

While other communities in Arizona like Rio Verde Foothills in Scottsdale run out of water, Rozema says Marana and Tucson residents shouldn't have that concern.

"Do people have to be concerned or worried that we're going to run out of water, that one day they're going to turn on the faucet and no water is going to come out?" Rozema said. " That's just not going to happen."

Rozema recently posted a podcast where he discusses the future of Tucson and Marana's water. To listen, click here.

——-Denelle Confair is an anchor and investigative reporter for KGUN 9. It's been her dream to tell your stories for the past decade. She is extremely curious and wants to continue to use her storytelling for the greater good. Share your story ideas and important issues with Denelle by emailing denelle.confair@kgun9.com or by connecting on Facebook, and Twitter.

Copyright 2023 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Roche Tissue Diagnostics will soon have more space to boost production of its cancer-detecting instruments and tests after cutting the ribbon on a new, 60,000-square-foot building in Marana on Monday.

The new building, on West Tangerine Road just east of Interstate 10, is next door to a distribution center of about the same size that opened in 2015.

After equipment is installed, Roche plans to move all of its instrument manufacturing operations to the new building from its main campus in Oro Valley, allowing more room there to manufacture test kits used in the company’s diagnostic instruments.

About 140 manufacturing workers out of its current workforce of about 1,800 at its main campus at Oro Valley’s Innovation Park, about 14 miles east of the Marana site, will move to the new Marana building by the end of January, Roche said.

Jill German, who leads the Tucson-area operation as head of Roche Tissue Diagnostics, said the expansion was needed as the demand for cancer testing increases.

“With the new building, we are going to be able to expand our instrument manufacturing, which is tremendously important because there is a continued, growing need around the world,” German told a crowd of local officials and employees.

She noted that 14 million patients are diagnosed with cancer annually worldwide, and the company’s diagnostics support some 26 million patients.

The new building also will allow the company to manufacture more cancer test kits at its Oro Valley campus, where 19,000 square feet is now devoted to making instruments, German said.

“We’re really thrilled to have everything related, and every person related to instrument manufacturing on this campus, so we can better serve our customers,” she said.

Construction on the new building began in May 2021. Roche acquired the finished factory building for $19 million from Institutional Property Advisors, part of Marcus & Millichap.

Altogether, Roche is investing about $44 million in its Oro Valley and Marana campuses.

In May, Roche unveiled the Employee Forum, a two-story, 45,000-square-foot building at the Oro Valley site that features a conference center, an expansive cafeteria, a gym, wellness center and meeting rooms.

Roche has steadily expanded its local operations since arriving in the Tucson area in 2008 when it acquired Ventana Medical Systems.

Ventana developed and marketed a line of automated tissue slide-staining instruments based on technology invented by University of Arizona pathologist Dr. Tom Grogan in the 1980s.

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MARANA, Ariz. (KGUN) — For more than 15 years, Twin Peaks K through 8 School has been creating a more caring school community by bridging the gap between older and younger students.

Despite an age gap students at Twin Peaks are showing anyone can still work together to create a positive environment for everyone.

"It makes me feel really good because I feel like I need to help somebody and it makes me really happy," said 5th grader Hermione Luce.

She’s been a part of the buddy program since kindergarten. She said meeting people for the first time made her nervous, but those feelings would quickly subside.

"At first you don’t know who your buddy is going to be, so you’re like, 'I don’t know what they like or anything.’ But then it gets really fun," she said.

The buddy program began sixteen years ago here at Twin Peaks. It pairs “big buddies” or older students with a “little buddy” typically at least two years apart.

Twin Peaks principal Dondi Luce said it's a great opportunity for students in all grade levels. "Our older students can take on a mentoring role and can really help our younger students," Luce said.

Dondi Luce, who is also Hermione's mom, said the program aims to build a sense of community among all students regardless of grade level.

"When they have this opportunity to interact in a structured way, with the supervision of a teacher doing something that’s fun, then they get to see that it's another kid on this campus that they can go to," Dondi said.

Students in the program meet several times each semester to engage in fun activities while making new friends.

"If you’re friends with somebody, they’re going to help you if you help them," Hermione said when asked what're some of the important aspects of the buddy program.

Building that sense of community is something second-grade teacher Nicole Beals feels will only help them as they grow.

"They learn how to just get to know someone else; it’s really important for their future," Beals said.

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The following is the opinion and analysis of the writer:

By Mark Johnson

Special to the Arizona Daily Star (July 14, 2022)

Mark Johnson is a retired water utility manager who worked in top management positions for three of the nation’s largest water utilities. He has been a community volunteer his entire life. He is a candidate for Marana Town Council.

Ensuring an adequate water supply is one of my major campaign platform items as a candidate for Marana Town Council. I have provided true, fact-based data and analysis of the current water situation, all supported by my 40-year career in the water utility industry.

Let’s clear the muddied waters with the following water truths.

Water supply in Arizona is managed on a regional and local level. The Tucson Active Management Area (TAMA) is our regional water system and includes the Avra Valley Aquifer and the Upper Santa Cruz Aquifer. Tucson Water, Marana Water and others manage their local water systems within TAMA.

At the regional level, TAMA’s goal is to achieve regional safe-yield, i.e., water out (pumping) is balanced by water in (natural and artificial recharge/replenishment). Any imbalance is overdraft.

From 1985 through 2020, TAMA has a cumulative overdraft of 1.8 million acre-feet. This means that over this 35-year period, 1.8 million acre-feet more water has been pumped from the aquifer than replenished. This fact is rarely discussed.

In recent years, TAMA has achieved annual safe-yield by replenishing the aquifers with Colorado River Water via the Central Arizona Project (CAP). However, considering the perilous situation with the Colorado River system, the Arizona Department of Water Resources predicts that TAMA safe yield as it stands “may be unlikely” with further Colorado River shortages.

Regional groundwater quality is also a big concern, as portions of the aquifer are contaminated with PFAS compounds and the U.S. Environmental Protection Agency recently lowered the health advisory level to essentially zero for these chemicals in drinking water.

Although the regional water supply situation has improved in recent years, the future is not rosy with Colorado River water shortages, groundwater contamination issues and there is still the 1.8 million acre-feet deficit from past over pumping.

At the local level, Marana residents get water service from Marana Water or Tucson Water.

The incumbents tout that groundwater levels in Marana Water wells have risen and therefore all is good. But that is misleading because these wells are located adjacent to the replenishment facilities that are percolating Colorado River water into the aquifer! There are other wells farther away from these sites where water levels have dropped. They are not telling the whole story.

Furthermore, groundwater level has nothing to do with how much groundwater can be withdrawn. Marana Water will soon reach the point where its current approved 100-year water supply annual CAP allocation and recycled wastewater will be used up to meet rising water demand and then groundwater must be used. However, Marana only has a one-time groundwater allowance of about 3,000 acre-feet (one year of water). When that’s gone, any groundwater removed must be replenished with Central Arizona Groundwater Replenishment District water which is costly, shorter-term (not 100 years) and can be subject to the same cut backs as CAP water. The incumbents simply state there is plenty of groundwater and leave out the important details.

According to public records request data provided to me by Marana, the Marana Planning Commission and Town Council have approved 28,850 building lots as of the end of 2021. Marana has enough existing approved 100-year supply to provide water to 11,620 of those lots. Therefore, there are 17,230 lots of which there is not an approved 100-year water supply. The majority of the approved lots were the result of rezoning, whereby housing density was increased by a factor as high as 18. Rezoning and approving subdivisions prior to obtaining an approved 100-year water supply is not a sustainable action. It is reckless.

When I am elected to the Marana Town Council, I will work toward: 1) eliminating the TAMA cumulative overdraft, 2) monitoring aquifer groundwater quality and ensuring compliance with drinking water standards, 3) establishing a bona fide 100-year water supply before any rezoning and subdivision approvals, 4) ensuring Marana’s 100-year water supply takes into account that CAP water is not 100% reliable and 5) any groundwater replenishment water must be from a 100-year water supply source.

Rest assured; I will provide clear water facts.