Weekly Columns and Op-Eds

Protecting Private Property Rights, The Facts of My Water Rights Settlement Bill
Paul Gosar 
December 16, 2014

One of the most important, fundamental principles upon which America was founded was the protection of private property rights. The Founding Fathers of our nation believed the right to acquire property was one of the utmost liberties guaranteed by our Constitution, and this right for all our citizens established the framework for the American Dream. John Adams once said“Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty, and property, according to standing laws… But no part of the property of any individual can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people.”

Unfortunately, this bedrock principle seems to have been forgotten by the Mohave County Supervisors as they tried to prevent a private property owner from putting their vested rights to beneficial use—rights that true conservatives normally value.

Earlier this month, the House and Senate unanimously passed my bipartisan bill, the Bill Williams River Water Rights Settlement Act (H.R. 4924).  Unanimous support is extremely rare these days, and if you take the time to understand the bill, you’ll find that it is not controversial whatsoever. This legislation supports thousands of jobs, 175 in Mohave County alone, facilitates an Indian water rights settlement and will result in a significant net water benefit to the basin as well as Mohave County.

There has been a lot of misinformation spread about this bill, so I would encourage everyone to read the facts about this legislation on my website: http://www.gosar.house.gov/the-truth-about-bill-williams-water-settlement

Unfortunately, the Mohave County Board of Supervisors has made outrageous claims, made personal attacks and spread fabrications about the Flake-Gosar bill.

Personally, I am a facts guy. And I know that the devil is in the details, so let’s set the record straight.

This legislation will provide certainty for the Bagdad Mine, which has an annual economic impact of $339.1 million to the state of Arizona, and sustains nearly 4,000 direct and indirect jobs. The bill resolves a water rights dispute in western Arizona’s Bill Williams River Watershed, without any federal expenditure.

My staff, Freeport, and I met with the Supervisors numerous times to go over the details of this legislation. We also had written correspondence in which I promptly responded to their concerns and objections. I also set up a tour of Planet Ranch so the Board could better understand the bill. Not only did the Board decline my invitation for a tour, but at the subsequent briefing on this legislation, they changed the agenda and quickly passed a resolution of disapproval against the bill before comprehending all of the details of the legislation or even visiting Planet Ranch.

The Board has been trying to paint a picture that there will be a mass exodus of water being shipped out of the county. In reality, not one net drop of additional physical water will leave Mohave County as a result of the bill. There is no new pipeline. The Supervisors have failed to mention that Freeport voluntarily agreed to forgo tens of thousands of acre-feet of water each year to which the company is legally entitled. This generous donation will prevent an additional 30,000 acre-feet per year of water from being used by the company in the basin and county. These are significant water savings that benefit Mohave County and the entire state of Arizona.

Almost as important as water are our tax revenues that fund vital services to Mohave County residents. The good news about the Flake-Gosar legislation is that the State of Arizona Game and Fish Commission voted unanimously to pay Mohave County in full for all tax revenue lost as a result of this water rights settlement. Considering that Mohave County levied $51,766,089 in property taxes in 2013 and that the county will be compensated annually in full for the $2,389.60 in lost property taxes, it is difficult to understand claims that this action will create a negative tax burden on the county’s taxpayers.

If the Supervisors were truly concerned about saving taxpayer money, they would not have already spent more than $40,000 in legal fees to oppose this bill, nor would they have pledged to spend another $400,000 on frivolous litigation.

Mohave County also benefits from this bill by keeping 175 mining jobs and $16 million in economic benefits from continued operations at the Bagdad mine. Further, a key beneficiary is the Hualapai Indians—a major economic and cultural stakeholder in Mohave County. To say that a law that brings water rights and certainty to the Hualapai hurts Mohave County is to say that the tribe is not a part of the county.  

Finally, Planet Ranch is currently under private ownership, and public access to this land has not been allowed for many years. There is a provision in the settlement directing public land management agencies to allow new public access to the land for hunters and fisherman. This provision was inserted at the request of the Supervisors. 

I genuinely have no idea what is behind the Supervisors’ misinformation campaign. I have a lot of respect for all of the Supervisors and have successfully worked with them before on important issues such as protecting the vital rainbow trout stocking program at the Willow Beach National Fish Hatchery.  In addition, I have invited them out numerous times to testify before Congress. I look forward to future efforts with the Board and hope we can put this disagreement behind us as we agree on numerous other issues. Having said that, Mohave County needs to know the truth, and I felt compelled to set the record straight. The Flake-Gosar bill is about private property rights and is a win for all involved, especially Mohave County.