Notice of Appeal and Request for Hearing

Before the Water Quality Appeals Board Department of Administration in and for the State of Arizona the Appellants (Listed below) filed a

Notice of Appeal and Request for Hearing

on the

Proposed Significant Amendment to Arizona Minerals Inc. Aquifer Protection Permit Inventory


Arizona Department of Environmental Quality (ADEQ)


  • Patagonia Area Resource Alliance
  • Defenders of Wildlife
  • Arizona Mining Reform Coalition
  • Borderlands Restoration Network
  • Center for Biological Diversity
  • Earthworks
  • Friends of the Santa Cruz River
  • Friends of Sonoita Creek
  • Save the Scenic Santa Ritas
  • Sky Island Alliance
  • Tucson Audubon Society

Summary and Conclusions

  1. All downstream aquifers, including those in Harshaw and Sonoita creek valleys, must be protected by a system of early-warning POCs (Point of Compliance) upgradient of the first drinking water well monitored on a Daily basis.
  2. POC-4 must be constructed, and baseline data collected for at least one full year prior to any large discharge from WTP2 to capture the range of natural variation in the system. This POC is important for tracking any changes in water quality that might result from the addition of 4500 gpm into Harshaw Creek, regardless of the compliance status of that discharge.
  3. Two additional POC monitoring wells should be installed between Outfall2 and the first shallow drinking water well in Harshaw Creek.
  4. EPA Secondary standards are critical for protecting the existing uses of Harshaw and Sonoita Creek aquifers. These aquifers are presently used without treatment except disinfection. Any additional load of sulfate, for example, may require local residents who depend on these sole-source aquifers to implement expensive treatment or seek a replacement (eg. bottled water) supply.
  5. AMI has not conducted a thorough and complete hydrologic study to assess the predicted impacts of pollutant releases on downstream drinking water aquifers. Am integrated hydrologic/hydraulic flow and fate/transport model should be used to assess the short-(hours to days) and long-term (months) nature and extent of pollutant release(s) at the Hermosa Property, as the surface and subsurface hydrologic system along Harshaw and Sonoita Creeks are strongly coupled. A much more rigorous hydrolooogic evaluation is needed, and a protection plan commensurate with those results must be developed.
  6. Compliance monitoring requirements should be consistent with AWQS and federal SDWA standards where they are stricter. Radionuclide monitoring should be required at all POCs, including Outfalls 1 and 2.

Trash along the Santa Cruz River

Community Clean-Up January 27th

Trash along the Santa Cruz River

Community Clean-up of a Big River-borne Trash Pile
Sponsored by Friends of the Santa Cruz River

WHEN: Saturday, January 27, 9 AM to 12:30 PM

WHERE: Behind the Tumacacori Mesquite Sawmill in Carmen, between Tubac and Tumacacori, #2007 East Frontage Road

DETAILS: wear long pants, sturdy shoes, gloves, hat. Bring a reusable water bottle please!Warning: uneven terrain and other possible hazards! Not suitable for small children. We will supply refill water, trash bags, gloves, “grabbers” and other equipment, snacks, safety training and coordination.

PARTNERS: Anza Trail Coalition, Arizona Department of Environmental Quality, Santa Cruz County, Tumacacori Mesquite Sawmill, and many caring individuals.

PARKING: You will be directed at the Mesquite Sawmill gates

CONTACT: Email us at foscriver @ if you plan to help out; please provide cell phone number too if you have one OR you can RSVP at our Facebook event page.

“Flirting With Disaster”: How You Can Help!

We need to call for action!

Tell these contacts that you want to see the International Outfall Interceptor (IOI) fixed—and soon! Feel free to use the “Talking Points” below in your communications.

Senator John McCain: (you can copy/paste points below onto this online form in “message” box)
Tucson office: (520) 670-6334

Senator Jeff Flake:
(also an online form where you can copy/paste points below)
Tucson office: (520) 575-8633

Congressman Raul Grijalva:
Tucson office: (520) 622-6788

City of Nogales Mayor Doyle:
Office: (520) 285-5602

International Boundary and Water Commission (IBWC)
Public affairs office: Lori Kuczmanski (915) 832-4106


Talking Points

  • Binational sewage pipe (“IOI”) through Ambos Nogales needs repair SOON.
  • If the IOI breaks, the whole population of Nogales, Arizona will be exposed to raw sewage and industrial waste since it is downstream of Nogales, Sonora and the IOI runs right through the city.
  • Plans are already in place for a partial fix (“cure-in-place pipe”); it only needs funding to proceed.
  • Nogales, AZ is a small, poor city that uses only a small part of the IOI; most of the sewage in the IOI is Mexican.
  • Nogales, Sonora has serious drainage problems that need IBWC intervention to fix so erosion damage to border infrastructure like the IOI is minimized.
  • The IBWC’s job is to protect our border environment, and Congress needs to fund it so it can do its job to protect Americans from real border threats.

Download a .pdf with all the details!

For more information, be sure to watch FOSCR’s video on this issue, “Flirting With Disaster.” You can also contact Friends of the Santa Cruz River at with any questions or updates.


Please let us know if you contact any of the above, and thank you!