Articles

Republican Congressman Jeff Flake, who represents Arizona’s Sixth District, today introduced H.R. 5791, the Emergency Water Supply Restoration Act which would ensure that state and local authorities are able to promptly make reasonable and necessary repairs to restore water supplies and infrastructure during a declared state of emergency.

          The current conflict to restore the primary water source for the city of Tombstone, Arizona damaged by flooding in the wake of the June 2011 Monument Fire illustrates the need for this legislation. As background, in August 2011, Governor Jan Brewer declared a state of emergency for Tombstone and allocated funds for emergency repairs to the city’s aqueduct damaged by the Monument Fire. According to Tombstone officials, the aqueduct has accounted for between 50 and 80 percent of the city’s water supply in recent years and is critical to the health, safety, and economy of Tombstone’s 1,500 residents. Citing the 1964 Wilderness Act, the United States Forest Service has since August 2011 severely delayed and, in many cases, blocked Tombstone’s efforts to repair this water source. They have stated that the Wilderness Act prevents the Forest Service from issuing permits for use of “motorized” or “mechanized” equipment to make the necessary repairs because it could disturb the surrounding wilderness.  

          “In the wake of a natural disaster, these kinds of restrictions not only don’t pass the laugh test, they imperil those most affected by the disaster. State and local authorities ought to be free from federal obstructions when working to quickly restore water to taxpaying citizens during a state of emergency.  This bill ensures that the federal government won’t come between a disaster-stricken town and its water,”said Flake.

          “Cities like Tombstone shouldn’t be drowned in red tape for trying to make necessary repairs to their critical water sources. If it’s a showdown with a federal agency they want, well, then I’m your huckleberry.” 

          Congressman Flake in April wrote a letter on behalf of the city of Tombstone to the Chief of the U.S. Forest Service Tom Tidwell encouraging cooperation between the Forest Service and Tombstone to expeditiously and in a cost-effective manner complete the aqueduct’s repairs. A PDF of the letter and the Forest Service’s response are attached and can also be found here and here.