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HomeMy WebLinkAbout05/06/2024 Item 069MOHAVE COUNTY REQUEST FOR BOARD ACTION FORM FORMAL ACTION: FROM: Ryan H. Esplin, Deputy County Attorney CONSENT ❑ CONTACT/EXT: Ext. 4631 RESOLUTION ❑ DATE: April 24, 2024 OTHER ❑ BOS MEETING DATE: May 6, 2024 INFORMATION ONLY ❑ SUMMARIZE THE ISSUE & DESIRED ACTION CLEARLY/ATTACH BACKUP MATERIAL: On June 20, 2022 (Item 25), the Board of Supervisors approved the engagement agreement between Clark Hill and Mohave County for legal advice and representation in connection with federal and state laws related to water matters. On September 19, 2022 (Item 42), the Board of Supervisors authorized Clark Hill to initiate legal action against the Bureau of Reclamation and any appropriate parties challenging the Bureau's final environmental analysis of the potential environmental effects from the town of Queen Creek's proposed GSC Farm, LLC Water Partial Assignment and transfer. Thereafter, along with Yuma County, city of Yuma, and La Paz county, Mohave County filed a lawsuit against the Bureau. On February 21, 2024 the Federal District Court for the District of Arizona granted the County's motion for summary judgment, setting aside the Bureau's Finding of No Significant Impact and remanding to the Bureau for preparation an environmental impact statement. Presently, the District Court is evaluating how to proceed because the water transfer is underway. *RECOMMENDED MOTION: For discussion and possible action: receive an update and legal advice from attorneys at Clark Hill regarding the litigation against the Bureau of Reclamation in 22-cv-08246 (AZ Dist. Ct), challenging the Bureau's final environmental analysis of the potential environmental effects from the town of Queen Creek's proposed GSC Farm, LLC Water patrial assignment and transfer. Further, the Board of Supervisors may consider its position in the litigation and instruct Clark Hill regarding how the County wishes to proceed with the litigation, including how to proceed with negotiations, settlements, and appeal decisions. Reviewed and Approved By: County Attorney i Human Resources Finance County Manager En Approved as Requested Continued to Acknowledged receipt and referred to Board Action Taken: No Action Taken Disapproved 0 = Approved with the following changes: Filing Information and Retrieval Filed Bid Filed Agreement BOS Resolution Filed Yearly Correspondence Filed Petition Filed Dedication Filed Land Sold Filed Land Acquired Filed Franchise ID Resolution Filed Improvement District Filed Other Date Routed: CS Reecno Additional Information XC: