Tucson, Arizona  Friday, 13 April 2001

By Rhonda Bodfield Sander
ARIZONA DAILY STAR
http://www.azstarnet.com/star/today/10413sonora2fleg..html

A law that Pima County fears will scuttle plans for environmental planning easily passed out of a Senate Committee yesterday, despite opposition from cities, counties, towns and environmentalists.

Amendments to the bill were supposed to remove earlier language that in essence gave the governor and members of her Cabinet veto authority over plans like Pima County's Sonoran Desert Conservation Plan. But concerns remain. "It's more subtle," said Pima County lobbyist Mike Racy, "but we still think it amounts to the same thing."

The bill requires local governments to consult with state agencies if any agreements crafted with federal agencies affect state land or wildlife. Consultation must be documented in writing, and the bill states that if any state agency decides a local government oversteps its authority, it may go to court if its concerns are not addressed.

"I think this is a big gateway for litigation in an area where we've had too much litigation," said Jim Walsh, a spokesman for the Grand Canyon Trust. Walsh said the bill came up too late in the session to allow a thoughtful discussion about how to address concerns that Pima County and some other local governments are not adequately involving state agencies in conservation plans.

"I don't think this is an expansion of state powers," insisted Maria Baier, an aide to Gov. Jane Hull. "We simply believe that if we're able to meaningfully participate, we may be able to head off nasty legal battles later on."

State Land Department Commissioner Mike Anable agreed. "If you don't provide some process, you run the risk of a municipality spending a lot of time and money to make these agreements with the federal government, only to have us disagree - probably in court - in the end." Anable said the department can already sue, adding the bill simply clarifies state powers.

But U.S. Rep. Jim Kolbe told a Tucson audience yesterday that state legislators shouldn't interfere with the plan. "I hope the Legislature will allow this community to do this and not try to restrict the Sonoran Desert Conservation Plan," he said during his annual "State of the District" address.

Real estate investor Don Diamond, who has rallied opposition to the plan, said he also opposes legislative intervention. He called the bill "an overreaction."

Pima County's conservation plan, two years in the making, is still two years from being finalized. It protects more than 50 sensitive species and critical habitats in the Tucson area.

Carolyn Campbell, director of the Pima County Coalition for Sonoran Desert Protection, said the bill isn't needed. She said she understands where the state is coming from - Pima County hasn't been entirely inclusive of citizen input in the past, either, she said. But they're making progress, she said, and the state has had opportunities to provide input. She detailed 132 meetings the county has had with local representatives of state departments.

Pima County isn't the only government affected. Scottsdale citizens have taxed themselves to be able to purchase open space, and right now are in a dispute with the state Game & Fish Department over whether hunting should be allowed on those lands. "I resent the fact you need to have a law that says citizens can't make their own laws on land preservation," Scottsdale resident Darlene Petersen told the Senate panel.

Tacna Sen. Herb Guenther, a rural Democrat who is shepherding the bill through the process, pledged to continue working with those in opposition.

It moves next to the full Senate.

* Contact Rhonda Bodfield Sander in Phoenix at (602) 271-0623 or rhondab@azstarnet.com. Reporter Joe Salkowski contributed to this story.


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