Rio Verde DWID Opposition Fund
Donation protected
This fund is to establish an initial retainer and continuing legal fees. The retainer is $5000.00 with an hourly rate of $340.00. Our chosen attorney was suggested by one of our neighbors and vetted well. We believe he is an excellent choice to represent Rio Verde in the DWID opposition. The goal is to assist the residents of the Rio Verde Foothills in halting the rapid progress of the Domestic Water Improvement District (DWID), a government taxing district.
There are 3 contracted clients, myself and two additional residents of Rio Verde. Although we are individual clients, as required by the attorney, we are working for everyone and the attorney is aware that this is a community goal. He has reviewed the Attorney General's opinion and the house bill and feels we have a strong path forward. 100% of the information will be available by email to those who feel this legal path is needed and want to assist with the fees. If you choose to donate anonymously please contact me through this platform so I can remain accountable to you financially, and keep you apprised of the progress. Any fees that are not used will be refunded to each individual based on the percentage amount paid by each. A new bank account has been set up which will be used solely for this purpose. Statements will be available to any donor who requests one. The fees will be wired directly to the attorney using his provided instructions from that account. Once the action is complete, this account will be closed.
At Issue:
A group of 3 residents quietly and with minimal public notification or input decided our area needed an entity to have the power to purchase and sell water. They encountered hurdles in forming one as it would require contiguous boundaries. In an effort to bypass this they went to the legislature to change the way the existing bill reads, allowing for non- contiguous borders with a standpipe as the method for water delivery. Those of us following and opposing this since early 2018, found out about this effort a few days before the hearing in February. We rallied the community, sent letters and went to meet with Representative Kavanaugh. He was made aware of the overwhelming opposition so he tabled the bill. Following that defeat, the Attorney General was asked for an opinion on the existing bill's wording to allow the possibility of forming a DWID with non-contiguous borders, both internally and externally. The purpose of the request for the opinion was to avoid the 51% approval requirement within the drawn district. It allows a district to be created with only those wishing to be in it, thus bypassing the required vote. Bypassing a legal requirement to vote on an entity with this kind of inherent powers is reckless and should not be done. Their vision is a minimal number of residents can opt in and boundaries are created using just those residents, but the given powers can affect all of the RV foothills. The AG's opinion came back as yes, it could be done this way based on the exact definitions of the wording. He did however have a a few disclaimers and a grave warning. One that really stands out is copied below:
(These districts may also have constitutional power to condemn private land for governmental purposes, including for well-drilling. See Pinetop Lakes Ass’n v. Ponderosa Domestic Water Imp. Dist., No. 1 CA-CV 09-0395, 2010 WL 2146415, at *3, ¶15 & n.3 (Ariz. Ct. App. May 27, 2010). In sum, significant constitutional consequences result from establishing such a district.)
We feel this alone causes enough concern that it should be legally reviewed and the current petition in review should be stopped!
Due to the explosive commentary this has created in the social media platforms, it was requested and agreed that the attorney we have chosen will not be broadcast. If you join us in this fight I will email you his firm and his credentials. I will also keep you updated as things progress with the case. This effort will not guarantee this is stopped, but it is the best avenue at this time as the task force continues to push ahead despite requests to end the petition approval process.
I am here to discuss and answer questions. Please feel free to reach out to me.
Together we can do this and keep our area free of overreaching powers!
There are 3 contracted clients, myself and two additional residents of Rio Verde. Although we are individual clients, as required by the attorney, we are working for everyone and the attorney is aware that this is a community goal. He has reviewed the Attorney General's opinion and the house bill and feels we have a strong path forward. 100% of the information will be available by email to those who feel this legal path is needed and want to assist with the fees. If you choose to donate anonymously please contact me through this platform so I can remain accountable to you financially, and keep you apprised of the progress. Any fees that are not used will be refunded to each individual based on the percentage amount paid by each. A new bank account has been set up which will be used solely for this purpose. Statements will be available to any donor who requests one. The fees will be wired directly to the attorney using his provided instructions from that account. Once the action is complete, this account will be closed.
At Issue:
A group of 3 residents quietly and with minimal public notification or input decided our area needed an entity to have the power to purchase and sell water. They encountered hurdles in forming one as it would require contiguous boundaries. In an effort to bypass this they went to the legislature to change the way the existing bill reads, allowing for non- contiguous borders with a standpipe as the method for water delivery. Those of us following and opposing this since early 2018, found out about this effort a few days before the hearing in February. We rallied the community, sent letters and went to meet with Representative Kavanaugh. He was made aware of the overwhelming opposition so he tabled the bill. Following that defeat, the Attorney General was asked for an opinion on the existing bill's wording to allow the possibility of forming a DWID with non-contiguous borders, both internally and externally. The purpose of the request for the opinion was to avoid the 51% approval requirement within the drawn district. It allows a district to be created with only those wishing to be in it, thus bypassing the required vote. Bypassing a legal requirement to vote on an entity with this kind of inherent powers is reckless and should not be done. Their vision is a minimal number of residents can opt in and boundaries are created using just those residents, but the given powers can affect all of the RV foothills. The AG's opinion came back as yes, it could be done this way based on the exact definitions of the wording. He did however have a a few disclaimers and a grave warning. One that really stands out is copied below:
(These districts may also have constitutional power to condemn private land for governmental purposes, including for well-drilling. See Pinetop Lakes Ass’n v. Ponderosa Domestic Water Imp. Dist., No. 1 CA-CV 09-0395, 2010 WL 2146415, at *3, ¶15 & n.3 (Ariz. Ct. App. May 27, 2010). In sum, significant constitutional consequences result from establishing such a district.)
We feel this alone causes enough concern that it should be legally reviewed and the current petition in review should be stopped!
Due to the explosive commentary this has created in the social media platforms, it was requested and agreed that the attorney we have chosen will not be broadcast. If you join us in this fight I will email you his firm and his credentials. I will also keep you updated as things progress with the case. This effort will not guarantee this is stopped, but it is the best avenue at this time as the task force continues to push ahead despite requests to end the petition approval process.
I am here to discuss and answer questions. Please feel free to reach out to me.
Together we can do this and keep our area free of overreaching powers!
Organizer
Christina Jackman
Organizer
Scottsdale, AZ
