Pima County may seek legal action over Tucson’s differential water rates

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TUCSON, Ariz. (KOLD News 13) – Some Pima county officials are raising the possibility of a judicial challenge to the Tucson city council vote to increase water prices for the county’s residents.

Tucson water users who live in unincorporated areas will increase their monthly water bills by at least 10%. Residents of cities like Oro Valley, Marana, and Sahuarita won’t see a surge.

However, the more a customer uses, the greater the increase.

They are known as differential water tariffs, which are common and legal in Arizona, provided they meet certain criteria.

First, the increase must be “fair and reasonable,” according to a confidential memo from the Pima County Attorney’s Office. The full memo can be read at the end of this story.

As part of the increase, the city also began a cost analysis that should be completed by December 1, when tariffs come into effect.

As for legal action, the county said it can be done although it is not set in stone.

“Now that the city has passed different water rates, the district attorney will advise the administration and board of directors on what to do next, which could include litigation,” said Chuck Huckeberry, director of Pima County, in a press release. “The board of directors is concerned that a large number of non-legal residents who may have been Tucson Water customers for decades are now facing arbitrary increases in water prices without representation and their only representation is the board of directors.”

Board chairwoman Sharon Bronson reiterated these views, telling KOLD News 13 that the county “considering the decision of the Tucson City Council and possible litigation at this point in time, the county has decided to remove any further discussion with the city.”

A planned joint meeting of the two government bodies two weeks ago was canceled because the city was unable to achieve a quorum.

“Nobody in the region benefits when the two major government bodies fight each other,” said Steve Kozachik, Tucson city councilor. “This is a time when we should sit down.”

But the division is not limited to city versus county. Two of the five district board members support the rate increases — Matt Heinz from District 2 and Adelita Grijalva from District 5.

Heinz said he supports it because it provides payment support for those who cannot afford their water bills, limit urban sprawl, and promote conservation.

“The vast majority of my district is in the city of Tucson, for example, and it doesn’t make sense for them to pay to move water up a hill, to pay for extra plumbing, extra repairs, and extra work,” said Heinz called.

This is determined through a cost analysis that the city did not carry out.

Copyright 2021 KOLD News 13. All rights reserved.

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