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The City of Holbrook, as well as other towns and cities that are part of the Little Colorado River water adjudication litigation taking place, is beginning to feel the strain of the costs associated with the lengthy legal battle. The case is being handled by Brown & Brown Law Offices, who has represented the group of communities throughout this region since the litigation began nearly 40 years ago.
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The Little Colorado River stream adjudication began in 1978 to determine conflicting water rights in the basin and involves the Hopi Tribe, Navajo Nation, the U.S., the communities of Holbrook, Winslow, Show Low, Snowflake, Taylor, Springerville, St. Johns and Flagstaff, and other commercial and industrial interests.
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Recently the towns of Snowflake and Taylor have decided to seek other legal counsel due to the increasing costs, adding to the already increasing costs for those communities still within the pool of communities being represented by Brown & Brown.
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To help offset that cost, the City of Holbrook recently implemented a $5 base water rate increase but in addressing the Holbrook Council last week, City Manager Ted Soltis stated that fee would not be enough.
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“The $5 rate is not sufficient. I’m proposing an $8 rate. Now, $7 would bring us to the fee, which is around $150,000 a year but it will not pay down our debt,” stated Soltis, adding that the rates for the litigation fees went up as the case went to trial before the city could adjust to the increase in costs.
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“Several communities have pulled out of the pool. I believe the electric company has pulled out, the pulp mill has pulled out and what that did of course is that the rest of us need to share the fees as the fees go up. We’re going to have a conference call soon with David Brown to talk about the implications of that. We just can’t keep paying the increased costs,” stated Soltis.
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He did emphasis the importance of following through with the litigation. “This can have a significant impact on Holbrook in the future. It’s really easy to say right now, it’s too much money. David Brown and crew are very experienced, they’ve been doing this for many years. To just go out and say we’re going to get another attorney, the other attorney’s going to be cheaper, that’s going to have a negative impact on how this case is going to go.
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“It’s a long-term case, I’m going to say it’s something we need to stick with. Yes, it’s a lot of money but here’s what happens. If we say we drop out, the future comes and we want to build out and there’s no water available, we’re done. So, it’s something we need to stick with. It’s a lot of money but simply pulling out and getting another attorney is not really the way to go.”
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Vice Mayor Francie Payne agreed that the firm does a good job but added, “I do think it would not hurt to look at their bills. We need details.” Soltis agreed and said that he would speak with Brown and get a detailed accounting of the firm’s expenditures on the case.
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Councilman Mike Nilsson did not share Soltis’ opinion. “We’ve been shook down for 40 years and nothing has happened. They think that they are really going to take the water away from Holbrook when 60 percent of us are Navajo? I think it’s a waste of money. I think we’ve spent money year after year, and nothing in return.”
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Payne pointed out that the case is just now heading into trial. “We could have settled a couple of years ago. Jon Kyle brokered a settlement and they refused to take it.”
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Soltis said, “You pull out of the settlement and you end up with a negotiated settlement that is not very good.” He cited a conversation with Safford City Manager Horatio Skeete where he learned that for every well drilled, two more have to be drilled to monitor; that was part of the agreement. “It has a very negative impact on the growth of communities down there,” he added.
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Councilman Tim Dixon noted that he too was opposed to the length of time the process has taken but after hearing from David Brown on what it entails, he felt the city should stay the course.
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The council all agreed that they wanted a detailed accounting of the expenditures that have accrued on the case.
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“Perhaps there was not enough conversation,” said Soltis. He stated that as a new manager he had sat down with David Brown to discuss the case in detail in order to have an understanding of what has and is transpiring. Those who have been involved for so long may not have been up to date as to why the costs have increased.
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Whether or not the pool of communities involved with the litigation will continue as more pull out from the agreement is still a concern that remains to be addressed.
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