State GOP Chairwoman Kelli Ward Rallied Her Party Behind a Proposed Tax Hike That Lacks Legislative Votes and the Governor’S Support

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PHOTO LOST CAUSE State GOP chairwoman Kelli Ward rallied her party behind a proposed tax hike that lacks legislative votes and the governor’s support. PAGE 4 PHOTO GAGE BY SKIDMORE/FLICKR

QUOTABLE: SHAREABLE: PERSONABLE: “SUGAR IS AS HARMFUL n Fann blocks bill for special tuition STEVE AS TOBACCO, AND YET IT’S rate for ‘dreamers’. PAGE 5 SENSMEIER: FLAGRANT IN OUR SOCIETY, n Governor calls for shift in GOP Millennials try to immigration discussion. PAGE 8 find their way, avoid FLAGRANT IN LEMONADE.” strife. PAGE 3 – Sen. Rick Gray, R-Sun City, on why he helped n Senator: Swamp creatures in ties, to kill a bill to designate lemonade as Arizona’s suits roam Capitol. PAGE 26 official drink. CAPITOL QUOTES ON PAGE 2

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CAPITOL QUOTES WEEKLY TWEETS

“People that Your friends won’t win Thomas Galvin are young, @ThomasGalvin suburban, women, have I gotta tell you, I didn’t have “Socialist drifted to the if you don’t play! Lite” on my Kelli Ward Bingo card. socialist side, Lily Altavena @lilyalta the Democrat Ward: young, suburban women are side, and proposals such as drifting to “the socialist side” and this bring them back to the proposals like penny sales tax for table for the great ideas of education will “bring them back”

the Republican Party.” 12:15 PM - 24 Apr 2019 -AZGOP Chairwoman Kelli Ward, on a sales tax hike for education

Rep. Kelly Townsend @KellyTownsend11

“It’s all I have been saying since day one, I will politics in be your greatest cheerleader when the social engineering, the intimidation, the end.” the bullying, the pushing socialism and -Sen. Sylvia Allen, marxism stop. We’re getting close to on Democrats opposing a Prop. having that in statute. Then I will be your 301 expansion greatest ally. 7:21 AM - 25 Apr 2019

Stephanie Parra “Let the voters @StephParra08 decide how best to do I have been watching this om repeat for this.” at least 3 minutes now. -Senate President @TheYellowSheet @ldelpuerto@ Karen Fann, on a hankdeanlight Prop. 301 expansion SUBMIT YOUR VOTE AT: “We send our people into azcapitoltimes.com & click “Best of the Capitol” these really 4:52 PM - 24 Apr 2019 dangerous OR situations and expose them azcapitoltimes.com/2019-best-of-the-capitol Doug Ducey to this toxic @dougducey soup of chemicals, and then say, ‘Sorry, your insurance VOTING RUNS APRIL 23 TO MAY 10 Gracias Gob. @ClaudiaPavlovic por claim was denied.’” tu liderazgo. El Corredor Seguro es sin duda un logro importante para -Bryan Jeffries, president of Profes- sional Fire Fighters of Arizona, on ambos estados digno de promover, cities denying workers’ compensation especialmente al celebrar el año 60 del insurance claims to firefighters la @AzMxCom y Comisión Sonora- Arizona. 8:29 AM - 24 Apr 2019

“It’s definitely confronta- Samuel Richard @samuelisaac tional and definitely 100th Day Mood something that would probably keep us there until June 30.” VOTING ENDS MAY 10th -Rep. T.J. Shope, R-Coolidge, on the idea of overriding Gov. Doug Ducey if Voting is open to Arizona Capitol Times subscribers only. he vetoes a full or partial repeal of the For subscription questions, please email Shaun Witt at [email protected]. VLT fee legislators approved last year 10:30 AM - 23 Apr 2019

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By Katie Campbell Dan Crenshaw, a Texas Republican. [email protected] And while he doesn’t think President Donald Trump’s Twitter habits resonate Steven Sensmeier has been a lifelong with Millennials – he said the president’s Republican – literally. “covfefe” debacle was the strangest thing At 3 years old, he could tell you Newt he’s ever seen in politics – he’s grateful to Gingrich was the speaker of the U.S House the president for building more digital lit- of Representatives. eracy among older voters and candidates. He might have also told you that Hil- What they still need, though, is the par- lary Clinton was a witch – it was the ‘90s, ty’s next “great communicator” – and that’s and “good times,” he said. not exactly Trump. It’s no wonder the toddler leaned “He’s not Reagan,” Sensmeier said. right. His grandparents met at a rally for “Nobody is.” then-presidential candidate Richard Nixon The party can do better about commu- and his father was president of the Purdue nicating its values for one thing, he said University College Republicans and has – low taxes, pro-business, pro-jobs. And been party chairman in Yavapai County. the party can remind people that whatever Sensmeier is 27 now, yet he has a side of the political spectrum you’re on, decade of experience working to promote we’re all Americans. the ideals of the GOP. He got his first taste “The key is changing the perception at 17, volunteering for Sen. John McCain’s of not just the Republican Party but of presidential campaign in 2008. Ten years the Democratic Party as people that are later, he received one of three nomina- there with legitimate disagreements that tions from the Yavapai County Republican we need to work through, but are still all Committee to replace Rep. David Stringer pro-America. We’re all on the same side,” after he resigned. he said. Sensmeier didn’t get the appointment – That’s difficult when schisms exist he was up against former Senate President within the party, too. Steve Pierce – but he said he’s considering “The fighting within the Republican a run for a Legislative District 1 House youth movement doesn’t make me opti- seat in 2020. mistic that we’re going to be any better,” he His arrival on the political scene as a said, citing recent news reports about tur- candidate was a long-time coming. moil among the Arizona State University He became an officer of the Embry College Republicans United. Riddle College Republicans at his very first The group was described in The State meeting with the group because there were Press as “a Trump-flavored splinter orga- too few attendees and too many officer nization that broke off from the existing positions. College Republicans club in January.” Its He didn’t know it then, but that leaders had to make public apologies after moment would in some ways define the the student newspaper and Phoenix New message he has for his party now: If the Times reported they had made racist and Republican Party is going to thrive in the homophobic comments, among other future, it has to do more to connect with things. young people. Now, one of the group’s former mem- Coincidentally, he was made director bers, Kevin Decuypher, has created his of membership that day at Embry Riddle. own off-brand movement: Nationalists Not having enough people attend meet- United. Decuypher’s message was appar- ings became his problem. ently too much even for other figures “A lot of it is apathy. Our generation who lean far to the right – his group was hasn’t had, until very recently, a significant ejected from the recent “Patriotism Over interest in politics,” he said. “But a lot of it TIMES CAPITOL CAMPBELL/ARIZONA KATIE BY PHOTO Socialism” rally, as reported by The State is also the stodgy old white guy image of Steven Sensmeier Press. the Republican Party.” to the Capitol, as he has. since he was first elected in 2012 – and he That’s the problem, Sensmeier said. The Consider the Yavapai County Repub- She has known the Sensmeier family has tried to be that ambassador in his own alt-right exists. It may be a minority in the lican Committee meeting in March: for years, worked alongside his parents way. party, but it’s a vocal one. Except for a handful of state GOP staffers and brother, and she sees a future for the It’s not necessarily a conscious effort to Shope said that’s true of both sides. The and media reporters, Sensmeier was the party in people like Steven Sensmeier. exude this image of the GOP equivalent extremes of both parties have been given a youngest person in the room by a long- “One thing the Republican Party needs to an Instagram influencer, but platform, and the resulting polit- shot. to do better is bringing in the Millen- it is a part of his effort to not ical climate, one where the bomb- To be fair, he said that can probably be nials, bringing in the new young faces, the contribute to the nastiness he so throwing never seems to end, is chalked up to Prescott and Yavapai County new young thoughts that will move our detests. exhausting. in general. It’s largely white, largely retired country forward,” Fann said. Young people want something “Things don’t get solved this and – probably because it is so white and The party can do that better by different than the confronta- way,” Shope said. so retired – largely Republican. embracing people like Fann and shunning tional brand of politics they’ve Whether young Republicans But they don’t all fall into that crotchety people like Stringer, Sensmeier said. seen growing over the past few Shope will pave a new path forward is old dude image, Sensmeier said. “We’re more of an opportunity-for-all years. They want a system that yet to be seen. Senate President Karen Fann, generation, and we need to embrace that. is more inclusive and leaders Shope said they’re still trying R-Prescott – who Sensmeier aptly noted is That’s really what the Republican message who can work as easily with Democratic to figure out how they want to make their not a stodgy old white man— has spoken is,” he said. Rep. Daniel Hernandez as they can with mark in politics and in life. Millennials the language of younger people, he said. And the party needs more people like Republican Rep. Anthony Kern, he said. might not be out knocking on doors en When she talks about things like eco- him out there who – “for lack of a less Sensmeier is optimistic about the par- masse, but they’re building careers and nomic development, people like Sensmeier Millennial term” – are able to be brand ty’s future. He sees faults in leaders like families. listen. ambassadors. former Speaker Paul Ryan and Senate Politics don’t come first. Fann was at the committee meeting and Rep. T.J. Shope is the youngest Repub- Majority Leader Mitch McConnell. But “They are engaged, but they do it differ- cheered Sensmeier’s nomination, though lican currently serving in the Legislature he also sees a new generation of leaders ently,” Shope said. “In a lot of ways, we’re she ultimately wanted to see Pierce return at 33 years old – he’s been the youngest rising, people like 35-year-old, U.S. Rep. still trying to find our way.” 4 Arizona Capitol Times • AzCapitolTimes.com April 26, 2019 Ward’s support of tax hike baffles Republicans

By Ben Giles [email protected]

AZGOP Chairwoman Kelli Ward’s decision to stake the Republican Party in favor of a tax hike has baffled the state’s political community. Since her April 22 announcement, Ward has faced questions about her motivation for dragging Republicans forward on a pro-tax agenda, and whether taking such a policy position is even within the scope of her duties as the leader of the party. There’s also the matter of supporting a measure that, with 100 days of session already come and gone, is by all accounts dead. Republican Sens. Sylvia Allen and Kate Brophy McGee, and Rep. Michelle Udall, have been unable to drum up enough support for their plan to increase a voter-approved 0.6-cent sales tax for education to a full penny. The tax currently raises more than $700 million a year for education. Raising the levy to a full penny would increase that amount to roughly $1.1 billion annually, dollars that would

flow to K-12 public schools, community TIMES GRADO/ARIZONA CAPITOL GARY BY PHOTO colleges and state universities. From left, Arizona Republican Party Chairwoman Kelli Ward, Sen. Sylvia Allen, R-Snowflake, and Rep. Michelle Udall, R-Mesa, try to drum up support for If approved by the Legislature, voters a measure that would put a tax hike earmarked for education on the ballot. would still have to approve the tax hike on the 2020 ballot for it to go into effect. all 31 Republican votes to get her bill a possible tax increase to the ballot to ness community” after reports of the Ward pitched her support for higher approved in the chamber. let the voters decide how they want to AZGOP’s historically low fundraising taxes as an opportunity for the Repub- And Republicans like Senate Presi- spend their money,” Ward said. “And if totals in the first quarter of 2019. lican Party to seize the narrative over dent Karen Fann may support the tax they want to invest more in education, “I think she believes, mistakenly, funding for education, a topic that proposal, but they’re wary of Ward. this is an opportunity for them to do so.” that if she makes moves like this, if she reached a fever pitch in 2018, when tens Fann was one of the first to announce It’s a technicality that Ward urged appears to moderate then it’ll help her of thousands of Arizona teachers walked her support for expanding the Proposi- Republican lawmakers to embrace. raise money, it will help her be taken out of their classrooms and spent days tion 301 sales tax in January. But when Doing so would allow Republicans more seriously,” Baker said. “Serious protesting at the Capitol over poor asked if she backed Ward’s decision to to take the lead on boosting funding for Republicans are not going to take Kelli funding and low pay. support a tax hike, the Prescott Repub- education, but still claim that they’ve Ward seriously as state party chairman, Ward highlighted accomplishments lican chose her words carefully. never voted to raise taxes – instead, they no matter what.” in Republican leaders, including a plan “I stand on my own. I support my simply voted to let the voters raise taxes There’s also the matter of Gov. Doug crafted amid last year’s protests to give senators,” Fann said. on themselves. Ducey, who spent two campaigns for Arizona teachers a 20 percent raise by When asked if she has a message for “This is not the Legislature raising governor running on his opposition to 2020, as a sign that “Republicans have those who blasted Ward for throwing taxes,” said Allen, one of the architects of any new taxes or tax hikes. consistently funded education in Ari- the state Republican Party’s support the sales tax hike proposal. “This is put- That hasn’t changed, but sending the zona,” and drew a contrast to Demo- behind a tax hike, Fann replied, “No ting on the ballot to give our citizens the tax proposal directly to voters would cratic votes against budgets crafted and comment.” opportunity to determine if they want to bypass Ducey. controlled by Republican lawmakers. It’s another sign of GOP astonish- be able to put more into education.” “The governor has been clear. He “You can’t make headway simply ment at one of Ward’s first high-profile But lawmakers like Townsend don’t does not support raising taxes,” Ducey by saying ‘no,’” Ward said in a sep- decisions as party chair. share that view. Townsend told the Ari- spokesman Patrick Ptak said. arate announcement April 23. “As we It’s been a decade since the state zona Capitol Times she can’t support a Ward insisted that the tax hike, or at approach the end of the 2019 legislative Republican Party supported raising plan to raise taxes on Arizonans, or even least letting voters vote on a tax hike, session, Senator Allen’s penny proposal taxes, and even then, it was only a tem- ask the question. is good policy. On April 24, Ward said stands tall as the best proposal for new, porary plan. In 2009, AZGOP Chairman Townsend cited the outcry over a that supporting policies and helping get dedicated funding for our schools.” Randy Pullen stuck his neck out for new fee, charged when Arizonans renew Republicans elected are complementary But in this case, it’s not just Demo- then-Gov. Jan Brewer and supported her their vehicle registration, that lawmakers tasks. crats who are opposed. push for a short-term, 1-cent sales tax approved in 2018. Townsend, like many “Showcasing great Republican policy Allen, R-Snowflake, said she’s “just a to help fill budget gaps during the Great Republicans, viewed the fee as nothing showcases great Republican legislators, few votes away” from garnering enough Recession. Brewer succeeded only after more than a tax that circumvented laws and that helps us get elected,” Ward said, support for her measure in the Senate, tremendous pushback from Republican for raising state revenues, which require adding that good ideas can help lure but said she’ll have to convince more lawmakers, and it took roughly a year for a two-thirds majority vote of the Legis- voters to the Republican Party and away Republicans to get on board. While her to drag a proposal through the Legis- lature. from “socialists” – that is, Democrats. Democrats are opposed to expanding lature to refer the tax to the ballot. “I don’t know if my district is “There are many in the demo- the state sales tax, which they argue is Ward acknowledged she received ready for another increase, even if it’s graphic that have drifted away that regressive, Republicans like Rep. Kelly blowback from lawmakers and the just to refer it to the ballot for a vote,” are with Republicans in terms of our Townsend of Mesa – who was billed as public alike less than 24 hours after her Townsend said. ideas; people that are young, suburban, one of several GOP lawmakers who’d announcement. Others questioned Ward’s motives. women, have drifted to the socialist side, join Ward at a press conference on April “A lot of legislators and just people in Republican strategist Chris Baker told the Democrat side, and proposals such 24 – say they won’t vote for it. general have contacted me and they’re The Arizona Republic that Ward’s favor as this bring them back to the table for That’s enough to kill the measure in concerned that I’m supporting a tax of a tax hike is nothing but “a ham- the great ideas of the Republican Party,” the house, where Udall, R-Mesa, needs increase. Well, I’m supporting sending fisted plan to curry favor with the busi- she said. April 26, 2019 Arizona Capitol Times • AzCapitolTimes.com 5 Fann blocks bill for special tuition rate for ‘dreamers’

By Ben Giles [email protected]

After voting for a bill that would ensure immigrants covered by the Deferred Action for Childhood Arrivals program can affordably attend Arizona community colleges and universities, Senate Presi- dent Karen Fann is blocking the measure. At least one university official says the Board of Regents can FANN do it anyway. Regent Jay Heiler said the board “absolutely” has the autonomy to set tuition and fees at Ari- zona’s three state universities, and doesn’t need lawmakers to tell them to, as Sen. Heather Carter, R-Cave Creek, pro- poses. That includes “a differentiated tuition rate” that could apply to Arizona high school CARTER graduates who don’t qualify for in-state tuition, he said. “And the board would be happy to DEPOSITPHOTOS.COM work with Heather and others in the Leg- islature around that subject,” Heiler said. count, including the roughly 7,000 stu- affordable access to higher education for violate the law. Heiler cited the Board of Regents’ dents who would’ve been eligible for the anyone who ever graduated from high “All (Prop. 300) said was, we cannot decision in 2015 to create such a rate – a Deferred Action of Childhood Arrivals school in Arizona, an idea that could wel- subsidize,” Fann said on April 8. non-resident rate for Arizona high school program had it not been rescinded by come former Arizonans to state universi- Carter said she blamed “misinforma- graduates that costs roughly 150 percent of the Trump administration in late 2017, ties and community colleges decades after tion” for Fann’s decision to kill the plan. in-state tuition. according to Reyna Montoya, the founder they graduate from high school. “Nothing has changed about the orig- The Board of Regents came to that of Aliento, a community organization that But now she’s concerned about the inal bill and the original concept,” Carter figure after determining the average cost helps undocumented kids. bill’s application to DACA and undocu- said. “It’s the same bill as it was when we of attendance at state universities, with the It’s not just state universities that are mented students and whether it violates introduced it and passed it the first time.” goal of creating a non-subsidized tuition stake. Carter’s SB1217 would change all Proposition 300, a voter-approved law And if the Board of Regents believes rate, according to John Arnold, executive that by directing the Board of Regents, denying DACA students or anyone in the a bill isn’t necessary to implement her director of the board. DACA recipients are vision, Carter challenged them to do so – technically eligible for the rate, which is a and questioned why they haven’t yet. better alternative than paying the higher “Go do it. If they can do it on their out-of-state tuition rates. Nothing has changed about the original bill and own, go do it,” she said. “I still think we Carter said that’s not good enough. the original concept. It’s the same bill as it was need the legislation because they’re not Figures provided to her by the universi- doing it… It’s not out of the norm to pre- ties show that fewer than 400 students take when we introduced it and passed it the first scribe in statute for a board or agency to advantage of the non-resident tuition rate, take a specific action.” a far cry from the more than 2,000 DACA time.” Arnold said the board supports Car- recipients who attended Arizona colleges — Sen. Heather Carter, R-Cave Creek ter’s legislative effort, though he, like and state universities when a court order Heiler, thinks the regents would be rescinded their access to in-state tuition. well within their statutory authority to Carter said she has heard from plenty and community college governing country illegally from access to in-state broaden the availability of the non-resi- of Arizona high school graduates who’ve boards, to create a new tuition rate avail- tuition. dent tuition rate without her help. moved out of state, only to come back to able to anyone who has ever graduated “I can tell you there’s a part of that bill “Heather Carter’s bill would clarify the attend school and were charged the out- from an Arizona high school, regardless that I believe does not violate Prop. 300,” board’s authority to set that non-resident of-state tuition rate. of their residency, and their immigration Fann said. “But there is another piece of it tuition rate for Arizona high school grad- Clearly the 150 percent tuition rate isn’t status, and what year they graduated. that potentially could.” uates,” Arnold said. “We believe we have working, Carter said. That bill was already approved by It was an about-face for Fann, who the authority, but it’s always helpful to “Think of every kid that moved away the state Senate, which is when Fann, a two weeks ago defended the bill against have that clarified.” from Arizona, thought they would like life Prescott Republican, voted for it. that specific concern in the Senate Rules In the meantime, Arnold acknowl- in Texas, ends up not liking life there and It was then blocked from advancing Committee. Sen. Eddie Farnsworth, edged universities could do a better job of wants to come back,” Carter said. “There in the House by Speaker Rusty Bowers, R-Gilbert, argued that allowing DACA marketing the non-resident rate they’ve are way more students than 400.” R-Mesa. students to attend community colleges already created. And while he remained The non-resident tuition rate created Carter has since revived the idea with and state universities for anything less hopeful that Carter’s bill will pass, Arnold by the Board of Regents also only applies an amendment to HB2186. But the mea- than the out-of-state tuition rate violated said the Board of Regents is open to dis- to students who are “lawfully present in sure will never make it out of the Senate the spirit of Prop. 300. cussing how it might act on its own. Arizona,” according to the board’s policy again as long as Fann has her doubts. Fann told him that as long as the rate “We’ll see how things play out (at the manual. That leaves undocumented Ari- The Senate president said she supports isn’t a discount on the actual cost of atten- Legislature),” he said. “And then I think zona children without access to the dis- in principle Carter’s desire to grant more dance, it’s not subsidized and wouldn’t that is a potential future conversation.” 6 • Arizona Capitol Times AzCapitolTimes.com • April 26, 2019 GUEST COMMENTARIES Media twists Yuma mayor’s call for state of emergency

By Katie Compton The real reason behind declaring a state n April 16, 2019, Mayor Douglas Nicholls of Yuma declared a state of emergency due to the of emergency is not due to the fact that increased number of illegal immigrants seeking asylum in Yuma. His statements have been Yuma faces “imminent danger” from illegal Oturned into sensationalized headlines for almost every immigrants but because eventually the major news outlet in Arizona and the U.S. These headlines have manipulated what he said into a community will need resources to support support for President Trump’s racist rhetoric toward illegal immigrants in America. Many people have probably seen all the people that the Border Patrol is the headlines “Yuma Mayor Declares State of Emergency processing and not taking care of. ” Due to ‘Imminent Threat of Illegals.’” That is not at all what Mayor Nicholls said nor does it highlight the main point of his statements. crowded into shelters that can barely provide enough food, dangerous “illegal aliens.” My hometown is actually a close- Yuma has seen an increase in asylum seekers, not water, and hygiene. We have a crisis happening on our knit, strong community that is oriented around family, because there has been an increase of immigrants from border that needs to be met with resources and solutions faith, and community. south of the border, but because there has been an increase that are not imprisonment or actions that could further Our mayor is not asking to be saved from immigrants, in Border Patrol presence across the national border. endanger these people. but rather asking for resources to help these people until Meaning that there has been an increase of arrests on the News stations across America have, instead of increasing Congress decides to actually be effective and solve this border, which leads the asylum seekers through the system attention to this crisis so that the federal government is held decades-long crisis. I think it is also important to point out and either detains them or releases them to nonprofits such accountable, decided to sensationalize and feed more into that Yuma is the winter vegetable growing capital of the as the Salvation Army. the anger and fear that President Trump had created by world. This means that places all over the world heavily These nonprofits are the only resources currently being painting a dangerous and false scene of what is happening rely upon my hometown for food. Agriculture in America used to help the asylum seekers, which Mayor Nicholls on our borders. heavily relies upon migrant workers for cheap labor to stated in his interview on Fox News. These nonprofits will Instead of facing this humanitarian crisis with polarizing harvest and maintain fields. These workers are often soon require help from the city government, due to the fact and hateful ideas, our government should be looking for a immigrants themselves working for a living to support that they are experiencing overcrowding and dwindling solution. Our government would rather argue about who their families. Without this labor, our country and several resources. deserves what funding instead of finding long-term solu- others would be in fear of food shortages or price increases The real reason behind declaring a state of emergency tions, such as a complete overhaul and change in our immi- making certain food less accessible. is not due to the fact that Yuma faces “imminent danger” gration and naturalization processes. The media, whether So, before anyone starts chanting for closed borders and from illegal immigrants but because eventually the commu- they lean right or left, should also be calling for real changes ridding this country of immigrants, maybe we should take nity will need resources to support all the people that the instead of championing specific agendas that benefit no a step back to realize what contributions immigrants have Border Patrol is processing and not taking care of. Mayor one. made to our country and what actions are really best for Nicholls told KYMA, the local news station in Yuma, that I grew up in Yuma and have grown tired of seeing my our nation as a world leader and moral role model. Mayor he does not expect any kind of danger from these immi- hometown be turned into a battleground of policy and Nicholls is asking for assistance and, unless people under- grants but wants attention to be brought to his community power. I currently am attending Arizona State University stand the true message of his statements, will go unnoticed so that the federal government responds with effective help. and am frustrated with how many people ask me, “What’s by our nation. Yuma is not the only community facing this humani- it like down there at the border?” as if I come from a crime- — Katie Compton is a sophomore at tarian crisis, which is exactly what this is. People are being ridden, poverty-stricken town that is being overrun by Arizona State University. Results-based funding would help Maryvale students

By Yesenia Fitzhugh When students come to EAGLE, they are performing at all levels – at, above, and below grade level. It’s our commitment to move them for- hen I think about Maryvale, I think about family and cel- ward, helping them excel in learning and in character development. This ebration. I think of home, and the generations of families work is hard and there is no quick fix or magic wand to make it happen who have lived here, grown up here, and returned to serve outside of grit and determination. Fortunately, we are seeing results. our community. I am one of those. Now I’m living out Our students are growing – last year’s internal assessment showed over Wmy passion to see our next generation reach their full potential through 60 percent of our students met their expected growth goal in math and access to high quality education. students improved on their reading goals by over 10 percentage points in A West Side girl at heart, I returned home five years ago to open the second semester. EAGLE College Prep Maryvale, and continue the work of instilling a love We want to continue the good work we are doing, and we want to of learning in the youngest of our community. I am proud to do this work become even better. The state is considering a new funding proposal that and believe that every child is unique and deserves a full and lasting edu- would reward schools like ours that have worked extremely hard, espe- cation. Our school provides a rigorous curriculum and focuses on char- cially in challenging environments, to provide a high-quality education acter development in a safe and supportive environment. When you walk for students, and who are on the verge of reaching an ‘A’ school grade. down our halls, you’ll see the smiling faces of young students committed If we were given access to this additional funding, called “results-based to their work and teachers dedicated to helping them achieve their goals. funding,” we would be able to further invest in a personalized learning experience for For our students and families, I see education as a tool of empowerment in an envi- our students by creating more robust intervention groups. These could include more ronment that has its share of complex issues. Despite Maryvale’s strong family values and staffing for smaller student group sizes, more curriculum options for specific gaps, and close-knit connection, a history of poverty, crime, and lack of educational attainment more variety in reading materials and resources. Every student is unique and those at has created a negative cycle passed on through generations. When I opened EAGLE our school would benefit from the additional support. Maryvale, I wanted to empower students with knowledge, starting them off on a path to Maryvale is a vibrant community and I am just one example of many who have make choices to live full and meaningful lives. Following the footsteps of teachers who grown up here and returned to invest in the next generation of learners and leaders in inspired me, I want to enable students in our community to reach their potential and to our community. give back. — Yesenia Fitzhugh is the principal of EAGLE College Prep, Maryvale.

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Our career success record? 99.7 percent! 8 Arizona Capitol Times • AzCapitolTimes.com April 26, 2019 Governor calls for shift in immigration discussion

By Howard Fischer Capitol Media Services

Gov. Doug Ducey said April 23 that the problems of migrants from Cen- tral America reaching our borders and flooding into Arizona communities won’t be solved until Mexico deals with its own southern border. Speaking to the Phoenix Committee on Foreign Relations, the governor repeatedly praised the relationship that Arizona has with Mexico. And Ducey said that despite border issues he believes the state can increase trade with its southern neighbor. The governor said, though, much of the talk about stopping illegal immigration is focused on the border with Mexico. “I’d like to shift the discussion so we’re talking more about Mexico’s southern border,’’ he said. “So much of this crisis is because of what’s happening in Central and South MEDIA SERVICES FISCHER/CAPITOL HOWARD BY PHOTO Gov. Doug Ducey, right, answers questions from former U.S. Sen. Jon Kyl on April 23 about his views on foreign relations. America,’’ Ducey explained. “These are things we need to engage in or we’re with former U.S. Sen. Jon Kyl that’s only a nication and cooperation, not only from for Arizona.’’ never going to really solve or mitigate this piece of the problem. our federal government but to leaders in The governor called approval of the solution at the border.’’ “The crisis, humanitarian and other- Mexico.’’ USMCA “critical’’ to the state’s economy. The governor said part of the issue wise, that’s happening in South America One thing the governor said is getting Only thing is, some members of Con- of a secure border deals with the flow of and Central America is bringing a flood in the way is politics. gress are balking. And that has led to a drugs across the border. But he acknowl- of migrants to the border,’’ Ducey said. “These are not easy issues,’’ he said. new threat from Trump to build pressure. edged in a question-and-answer session “This is another place we need commu- “And they have been routinely politicized “I take the president at his word that in what to me seems to be a never-ending he may unilaterally opt out of the existing campaign cycle.’’ trade agreement,’’ Ducey said. The governor did not explain who he In December, Trump said he planned thinks is guilty. to give notice “within a relatively short On one hand, Ducey has generally period of time’’ of the intent to withdraw. Everyone’s sided with the Trump administration on That would set a six-month deadline for things the president wants to do related to Congress to approve its replacement. border security. But the governor also has So far, though, the president has not crazy about a said in the past that members of Congress acted, at least in part because of con- from both parties share the blame. cern by lawmakers from his own Repub- That still leaves the question of why lican Party that kind of tactic would only sharp dressed Mexico would want to do more to help make it harder to get final approval of the Arizona and the United States to seal its USMCA. own border with Guatemala and Belize, Ducey, for his part, suggested that the man at the particularly knowing that the migrants stalemate – and the risk – are not within ultimate destination is not within its own the GOP. country. The answer, the governor sug- “If there is a threat on the horizon, it Capitol gested, is financial. would be that Congress chooses to polit- “We’ve been able to have not only icize the USMCA and make it about the additional border security from the presidential election cycle rather than United States side of the equation but what is best for the United States at this increased trade between our two coun- point in time,’’ the governor said. tries,’’ he said. “That’s the true incentive Complicating matters for Trump is the to increase not only peace but prosperity.’’ fact that the U.S. House is now under The governor also made a pitch Democrat control. And some party mem- for Congress to approve the United bers have openly worried that the pro- States-Mexico-Canada trade agreement posal will mean the loss of jobs in this CUSTOM MADE: that the Trump administration negoti- country. SuiTS & ShiRTS ated last year. It is designed to replace the Ducey said he has no problem with North American Free Trade Agreement Congress having a “proper conversation that the president repeatedly derided, and debate’’ on the new trade pact, “and READY MADE dating back to 1994, as unfair to this then vote to ratify it.’’ CLOThES FOR MEN country. And there’s something else. But while Ducey supports what’s been The governor said if the United States dubbed informally as NAFTA 2.0, he cannot get a ratified trade deal with Located just five miles from the Capitol doesn’t share the president’s assessment of Mexico and Canada, it might as well (602) 277-2402 what it replaces. forget about being able to negotiate new “I believe that NAFTA is something pacts with China and Japan. 4776 N. Central Ave. that has been very good for the state of “If you can’t get it done with your Steve Trussell Phoenix, AZ 85012 Arizona,’’ he said. friends and neighbors, you’re not going Arizona Rock Products Association [email protected] “Being a border state in this changing to go over where there’s been all kinds of A client of Brother’s Tailors BrothersTailorsAZ.com national economy has been a positive,’’ issues around intellectual property among Ducey said. “Look at the growth numbers other issues,’’ Ducey said. ARIZONA CAPITOL TIMES YOUR INSIDE TRACK TO ARIZONA POLITICS

WATERApril 26, 2019

Bureau of Reclamation commissioner orchestrated drought plan. Page 10

Agriculture, cattle, outdoor recreation prepare for water cutbacks. Page 14

Experts: Tribes’ role in drought talks watershed for inclusion. Page 18

Commentaries: Pages 20 and 22 PHOTO JOHN BY LOCHER/ASSOCIATED PRESS 10 • Arizona Capitol Times AzCapitolTimes.com • April 26, 2019 WATER Bureau of Reclamation commissioner orchestrated water plan PHOTO COURTESY CENTRAL ARIZONA PROJECT CENTRAL COURTESY PHOTO The Colorado River.

By Holly Bernstein Arizona at least twice a month. Both a discussion, and you go as long as you Reclamation. [email protected] Cooke and Tom Buschatzke, director go today, maybe even into the night, “She also worked directly with [us] of the Arizona Department of Water and then you pick it back up with those and helped us whenever we needed help Bringing all of the parties together Resources, also had weekly conference same people. There’s simultaneous things on any kind of difficult issues,” said Bus- to agree on a seven-state plan to reduce calls with Burman and members of her going on all at once.” chatzke. the demand for water from the Colorado staff from November 2018 to March Draft documents, meetings and Cooke said Burman tried to set dead- River can’t compare to building Hoover 2019. agreements were just part of the day- lines behind the scenes, as well. Dam, but it did take some pushing, “[She was] setting expectations and prodding and figurative heavy lifting. having a discussion about what needs to And it was U.S. Bureau of Reclama- A reality of Arizona politics is that the get done in the next week and how she tion Commissioner Brenda Burman who could help,” Cooke said. pushed the Drought Contingency Plan, agricultural business has lots of political clout Cooke said for Arizona, the legislative or DCP, to completion. in the Legislature, and guess who is going requirement meant having a significant The plan, an effort to help mitigate the amount of consensus at the stakeholder effects of a 20-year drought, was nego- to be the biggest impacted party from the level to convince the majority of the Leg- tiated by Nevada, California, Colorado, islature that the Drought Contingency New Mexico, Utah, Wyoming and Ari- implementation of the Drought Contingency Plan would be effective. Cooke added zona, though officials who worked with Plan – central Arizona agriculture.” that the plan results in Arizona having Burman stated that she focused on Ari- less water than it does right now. zona in particular. — Ted Cooke, Central Arizona Project General Manager “Somebody’s going to have to give Arizona was considered “the long that up,” Cooke said. “A reality of Ari- pole in the tent,” as it was the only state zona politics is that the agricultural busi- of the seven that needed legislative In addition to weekly conference to-day work those involved in the ness has lots of political clout in the Leg- approval at the state level in order to par- calls, Cooke also worked with Burman at Drought Contingency Plan took on. islature, and guess who is going to be the ticipate in the plan, officials said. basin state meetings. Buschatzke said Burman was able biggest impacted party from the imple- The plan aims to keep water levels in Cooke said working on the Drought to accomplish getting all seven partici- mentation of the Drought Contingency reservoirs above critical lows, and should Contingency Plan was a round-the-clock pating states to work together by pushing Plan – central Arizona agriculture.” reservoirs dip below certain levels, states, operation. the team to meet tight deadlines. Cooke said working on a compromise including Arizona will have to cut back “That’s because putting the Drought “First, she made it clear to us and fol- between various classes of water users on the amount each takes from the Colo- Contingency Plan together was really lowed through on her commitment to was part of what took nine months to rado River system. an organic type of thing,” he said. “It us,” Buschatzke said. accomplish. Central Arizona Project General wasn’t a linear process where there’s a Buschatzke said Burman provided The Arizona Capitol Times was unable Manager Ted Cooke said Burman visited finite number of parties that are having support of her staff from the Bureau of to reach Burman for this story. 75 DAYS

This is the length of time it took from when the Arizona Legislature introduced, and ultimately passed, the Drought Contingency Plan legislative package and the United States Congress passed the Colorado River Drought Contingency Plan Authorization Act.

A COLLABORATIVE EFFORT BROUGHT US TO THIS DAY.

CAP would like to express its appreciation to: Governor Doug Ducey and the Arizona Department of Water Resources; members of the Arizona Legislature including House Speaker Rusty Bowers, Senate President Karen Fann, committee chairs Representative Gail Griffin and Senator Sine Kerr, and ranking members Senator Lisa Otondo and Representative Rosanna Gabaldon; Congressman Raul Grijalva and Senator Martha McSally for introducing federal legislation and the entire Arizona delegation for their co-sponsorship and active support; and the U.S. Bureau of Reclamation and the other Colorado River Basin States.

This is also a testament to the hard work of the AZDCP Steering Committee that helped develop the proposals and solutions that became part of the DCP Implementation Plan in Arizona – tribes, cities, agriculture, NGOs, and the business community. PHOTO COURTESY CENTRAL ARIZONA PROJECT CENTRAL COURTESY PHOTO

The CAP Board and staff are proud to have worked with all of you as we completed this important chapter in Arizona’s long history of collaborative water management.

www.CentralArizonaProject.com 12 • Arizona Capitol Times AzCapitolTimes.com • April 26, 2019 WATER More work ahead as Colorado River plan advances By Jordan William after President Donald Trump signed it. If elevation is projected to be at or below has gone to court over the Metropolitan Arizona Sonora News They discussed outlooks for Lake Mead, 1,045 feet, then the contribution increases to Water District of Southern California’s the giant reservoir of Colorado River water 240,000 acre-feet. approval of the drought plan. States with vital stakes in the alloca- that forms behind Hoover Dam. These contributions are in addition to The suit, filed April 15, asserts that the tion of Colorado River water continue to The seven-state plan, which Arizona rat- what Arizona currently makes under the Metropolitan District approved the plan in struggle with planning for a long-term solu- ified on January 31, outlines how the basin 2007 Interim Guidelines, which stipulate violation of the California Environmental tion to deal with the realities of drought in states will divide up the limited water that’s that Arizona contributes 400,000 acre-feet Quality Act because it hasn’t fully evaluated the Southwest, where seven states depend now available. if Lake Mead is projected to fall below 1,050 its environmental consequences. on the river. The plan buys Arizona time to deal with feet, and 320,000 acre-feet if Lake Mead is IID contends that in the plan, the Met- The states will also need to contend with the fact that the state is headed into a hotter between 1,050 feet and 1,075 feet. ropolitan District would forgo diverting internal opposition. Notably, California’s and drier future – and mostly less water. After Arizona ratified the Drought Con- water from the Colorado River without fully Imperial Irrigation District has sued to The deal recognizes that existing allocations tingency Plan, Sen. Martha McSally, R-Ariz., assessing how to make up for the shortfall, block the drought plan’s implementation, among basin states were drawn up during and Rep. Raúl Grijalva, D-Ariz., both intro- and said the Salton Sea was affected by sim- asking for an environmental impact anal- periods of what turned out to be unusually duced separate legislation to allow Congress ilar plans. ysis. heavy flows on the river. to authorize it. “The logic in going forward without In Arizona, the plea by Pinal County What’s next – after all the formal paper- Buschatzke told the state Senate com- IID was that the DCP couldn’t wait for the farmers for the state to provide $20 million work is signed later this year – is starting mittee that senators from Arizona, Cali- Salton Sea,” said Henry Martinez, IID gen- in up-front funding for drilling new wells work on what happens after 2026. fornia, Nevada, Utah, Colorado, New eral manager, in a news release. “This legal and constructing delivery canals remains “This isn’t the end,” said gubernatorial Mexico and Wyoming co-sponsored the challenge is going to put that logic to the test unresolved. The farmers hope to eventually press aide Patrick Ptak. “There’s a lot more resolution. and the focus will now be where it should get that cash in a federal grant, but say they work to do to ensure that Arizona’s pre- Trump ultimately signed Grijalva’s legis- have been all along – at the Salton Sea.” cannot wait until that goes through. Legis- pared for a drier future.” lation, HR2030. The IID says that the plan is inadequate lation to provide up-front cash from state Arizona, along with California and Under the legislation, which was in that it leaves out the Salton Sea – the coffers has so far failed to win approval. Nevada, entered into the Lower Basin plan, co-sponsored by 36 members including giant, shallow, heavily saline lake that’s pre- Tom Buschatzke, director of the Arizona aimed at keeping Lake Mead from dropping the rest of Arizona’s delegation, the U.S. dominantly in California’s Imperial Valley. Department of Water Resources, joined by below critical levels. Secretary of the Interior can sign onto the Buschatzke told the committee that Ari- Ted Cooke, general manager of the Central In years where Lake Mead is projected Drought Contingency Plan and has to zona intends to keep the plan going regard- Arizona Project, updated the Senate Water to be between 1,045 feet and 1,090 feet, Ari- operate pursuant to it. less of IID’s intent to sue. and Agriculture Committee on the Colo- zona has to contribute 192,000 acre-feet of Buzchatzke also told the committee that Capitol Media Services contributed to this rado River Drought Contingency plan a day water annually. the Imperial Irrigation District in California story.

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When you live in a desert city, you don’t look at water in quite the same way everyone else does. You consider how it can be better protected and how more of it can be saved. There is always a potential for water shortage, so we’ve been planning ahead and banking water for years. Being prepared. It’s what happens when you SEE WATER DIFFERENTLY.

TO LEARN MORE, VISIT PHOENIX.GOV/BeWaterSmart 14 • Arizona Capitol Times AzCapitolTimes.com • April 26, 2019 WATER Agriculture, cattle, outdoor recreation prepare for water cutbacks

By Holly Bernstein aims to protect birds. Audubon Arizona [email protected] has focused on water policy for the past 10 years. The study was conducted by Some industries depend on water and economics research firm Southwick with a drought going on 20 years in Ari- Associates. zona, they have to adjust. Here is a sam- The report says that outdoor recre- pling of what a few water-dependent ation along Arizona’s waterways is a industries are doing. $13.5 billion industry. Moreover, the report says that 114,000 jobs are sup- AGRICULTURE/ ported by recreation. In Maricopa County, 743,000 Ari- MEAT INDUSTRY zona residents participate in water-based outdoor recreation. In Pinal County, The agriculture industry, specifically 186,000 participate. along the central Arizona territory and Audubon Arizona policy man- in Pinal County, is impacted the most ager Haley Paul said if a shortage were by the drought and will see more direct declared, recreational activity along effects if water levels in Lake Mead and water would most likely decrease. Lake Powell sink to a point in which a “Now that we can say recreation

shortage is declared. DEPOSITPHOTOS.COM along water is a $13.5 billion industry “Arguably I think that’s the only Fiber for cattle feed comes from alfalfa, which is grown in central Arizona and relies on Colorado in the state, and that that is worth pro- industry that. . . there’s a likelihood that River water. tecting, we think that even with the they will feel an impact,” said Sarah drought and long-term climate issues, Porter, the director for the Kyl Center we can hopefully enact things to protect for Water Policy. these special places and get communi- While a shortage has not yet been ties to say these are worth protecting declared, Porter said if one is declared, because they drive our local economy,” the impact will be mostly felt by county Paul said. farmers. Paul said jobs could potentially be Arizona has large cattle feeding oper- lost with a drought. Food, admission ations in Pinal County. These operations fees, guides, lodging, equipment pur- rely on the fiber for the animals’ diets, chases, supplies and permits are among which comes from alfalfa. That alfalfa the activities that generate revenue for is grown in central Arizona. According the industry, according to the report. to Arizona Cattle Feeders’ Association Paul said outdoor recreation is a Executive Vice President Bas Aja, drought booming industry. in the Colorado River can impact fiber “To lose, because we didn’t manage production. our water properly, to lose that economic Aja said the Arizona meat industry can opportunity for a sustainable economy directly use anywhere from 10-20 gallons would really be a loss,” she said. of water per cow daily. Aja said when you feed animals, you BUSINESSES ALONG DEPOSITPHOTOS.COM have to have two sources of water. He said Water-based outdoor recreation contributes $7.1 billion to the Arizona economy.. in some cases, the primary source is from THE CAP SERVICE the river. The primary source might also said around 3,000-3,500 people work at Aja said the meat industry has an TERRITORY be groundwater, in which case the river that plant, meaning the workers would be efficient system, meaning it can move water would be the secondary source. impacted as well. product from areas of abundance to areas “What would directly impact it is good “There’d be some loss of jobs there if of need. Companies that conduct business old economics, which is, you lower the they lost some supply. There would be “You wouldn’t see any shortage of that, along the Central Arizona Project ser- supply, and costs go up,” Aja said. some loss of sales there,” Aja said. “If the but you could see some price impact,” Aja vice territory get their water from a Tolleson has the seventh largest meat- cost got too high, they would feed less said. municipality and industrial (M&I) pool, packing plant in the United States. Aja animals.” Aja said right now under the recently Porter of the Kyl Center for Water Policy enacted Drought Contingency Plan, said. She said that pool is especially pro- which is designed to reduce demand for tected from the impacts of the drought. water, the supply of Colorado River water “All the big manufacturers that have to central Arizona farms is only a partial operations in the Phoenix area that are supply for three years. using water are, so far as I know, for the “At the end of the third year, there’s no most part, M&I users. They’re relying on Colorado River water scheduled for those supplies for the municipality in which folks,” Aja said. they’re located,” Porter said. Aja said groundwater will replace Col- Porter said large companies, for orado River water as a primary source. example, might have cooling towers and use water for cooling. She said this is OUTDOOR especially true for data centers, which are water-intensive. RECREATION For example, Porter said Intel is a more water-intensive manufacturing … a partnership for water policy and planning According to a report released by operation. Audubon Arizona, water-based outdoor “They have to use a good deal of since 2002 recreation contributes $7.1 billion to water in making semiconductor chips, Arizona’s GDP. and they need it to be very, very pure, so www.namwua.org Audubon Arizona is the state chapter they have to use a lot of water to get the of the National Audubon Society that purified water,” Porter said. HEALTHY FORESTS PROTECT ARIZONA’S WAY OF LIFE

Valley communities get most of their surface water from Arizona’s forests. Healthy forests also help clean the air we breathe and provide timber and wood products for homes and businesses. Plus, they provide serene spots in northern Arizona to enjoy nature.

Unfortunately, our forests are unhealthy and overgrown, making them susceptible to unnatural wildfires. Scorched forests burden our reservoirs and water treatment facilities. They can affect our water, air and quality of life. SRP is helping lead forest restoration efforts to protect these important resources from the harmful effects of wildfires. Discover more atsrpnet.com/forest . TIME TO CHANGE COURSE ON ARIZONA’S WATER FUTURE!

Cienega Creek, a designated Outstanding Arizona Water, supports verdant riparian ecosystems and exceptional Dry bed of the formerly perennial Gila River, which used to flow across the state and join the Colorado River. recreational opportunities. This Outstanding Water is threatened by unsustainable groundwater pumping and proposed mining activities in the watershed that feeds it.

With summer soon upon us, we are all reminded Very little water is allocated for nature of one simple truth – Arizona is hot and dry! – letting a river be a river.

The Colorado River no longer flows its last 50 miles to the It is time to modernize And it is becoming hotter and drier. Gulf of California. Allowing the Colorado River delta and so many of our Arizona rivers to dry up is shameful! We Arizona Water Law! can do better! And while many of Arizona’s policy makers and legislators We need a more holistic way all levels, farmers and others private interests and have recently been focused on the Colorado River and Arizona’s water laws need to be modernized, in NGO’s. They understand that creating laws that protect Arizona’s need to authorize the Drought Contingency Plan, of managing our rivers that consultation with a broad spectrum of interests, and in environmental flows in a time of rapid climate change is there has been little discussion about the rest of Arizona’s includes water for rivers! keeping with a state of the art national and international the cornerstone of sustainable development. rivers and streams. This needs to change. All of our rivers, movement which is already uniting governments at springs, streams, wetlands, and groundwater are equally as important as the Colorado River. Ecological water flows is defined as “water sufficient to IT IS TIME FOR ARIZONA POLICY MAKERS TO ACT! We know that the vast majority of Arizona rivers and sustain freshwater ecosystems and the wildlife habitat § Define ecological water as a beneficial use via an ecological water bill streams (and the springs that support them), have gone and human livelihoods and well-being that depend on § Require the state to assess the ecological water needs of Arizona’s rivers and streams dry over the past century, and our remaining flowing these ecosystems.” § Consider and approve water policies based on the science and best practices surrounding ecological flows rivers are at significant risk. The drying of springs and Recognizing ecological water as a beneficial use is one § Secure the sustainability of water sources that support the base flows of rivers and stream rivers threatens our economy, quality of life and wildlife. way to allow more water for rivers. Allowing conserved So, what does the future look like for Arizona waters? It surface water to remain in our rivers and streams will can be more promising – but that will take change. To provide flexibility for irrigators, ranchers, and other water protect our water future, we need to change Arizona’s users so they are not forced into the binary choice of “use The Sustainable Water Workgroup believes we water laws to help restore flows and protect our rivers and it or lose it.” have a moral responsibility to be better stewards streams from over-allocation, groundwater pumping, and of our desert rivers. It is time for AZ water laws climate change. All of our state’s precious water resources and policies to stop allowing our rivers to run dry. must be afforded robust legal protections. www.azwaterfuture.org TIME TO CHANGE COURSE ON ARIZONA’S WATER FUTURE!

With summer soon upon us, we are all reminded Very little water is allocated for nature of one simple truth – Arizona is hot and dry! – letting a river be a river.

By Lillian Donahue But after nearly two decades of drought “We call ourselves the people of the Jicarilla Apache Nation, who worked on Cronkite News Service in Arizona and waning water levels in the river, O’odham. We have that generational the study, said it’s relatively new for local Colorado River Basin, the seven states that knowledge that goes back centuries, if not and federal lawmakers to include tribes in Sprouting through the cracked floor make up the basin, including Arizona, a millennium,” Lewis said. national water policy conversations. of the Sonoran Desert, the tepary bean California and Nevada, have had to nego- If cuts are made due to drought, the “That conversation and that opportunity thrives in the dry heat and carries with it tiate potential cuts to the water to make Gila River Indian Community would keep wasn’t available before,” Vigil said. “But centuries of resilience from the indigenous sure there’s enough in Lake Powell, which a portion of their water in Lake Mead for now with the conclusion of this DCP and Pima people of southern Arizona. straddles the Utah-Arizona line, and in compensation. But other tribes are contrib- the inclusion of tribes in that dialogue, I “We have our water. It’s our life. It’s Lake Mead, to supply water throughout the uting to the drought plan. think that sets the stage for that to happen.” our livelihood, and it’s our culture,” said Southwest. Chairman Dennis Patch of the Colorado Despite facing drought, the Buttons at Ramona Button, owner of Ramona Farms. The Drought Contingency Plan, also River Indian Tribes said the community Ramona Farms said they are more opti- Ramona Button and her husband, Terry, known as the DCP, is a multistate agree- plans to provide 50,000 acre-feet of water mistic now than decades before when water have been farming traditional native foods ment that includes Arizona. The plan aims every year from 2020 through 2022. was diverted away from the Gila River on the Gila River Indian Community to keep water levels in those reservoirs “The benefit for us is that we would be Indian Community as the population grew for more than 40 years, including tepary above critical lows, and should reservoirs getting some income off it,” Patch said. outside the reservation. beans, a staple of native dishes for centu- dip below certain levels, states including “The benefit for Arizona and its users is “The hardest part was when the water ries. Arizona will have to cut back on the that it would get more water.” was diverted to other areas up east of us. “And we’re experts in dealing with amount each takes from the Colorado Water is power, and in the Colorado That was a part of what we called our drought,” Terry Button said. River system. River Basin, tribes hold a significant drought also,” Ramona Button said. With more than 4,000 acres under culti- President Trump signed legislation to amount of water claims. The Gila River Indian Community vation, the Buttons have had to draw their put the plan into effect April 16. Ten tribes, including the Colorado River regained its water claims in a 2004 settle- nearly 20,000 acre feet of water needed However, before even getting to Capitol Indian Tribes, have rights to more than 2.8 ment. every year from a variety of sources. They Hill, Arizona’s tribes played a critical role million acre-feet of water yearly from the As the Buttons walk through their get water from the San Carlos Irrigation in the negotiation of the DCP. Colorado River, according to the Tribal barley fields, they know none of it could Project, wells and the Colorado River hun- “Without the community’s partic- Water Study by the U.S. Bureau of Reclama- be possible without the work of those who dreds of miles away. ipation, we don’t see how the DCP can tion and Native American communities in came before them, and the water that gives “Commingle all these water resources be done,” Stephen Roe Lewis, Gila River the basin. the desert around them life. to ensure us to have enough water to keep Indian Community governor, said in But only half of that water is currently “Right now, we’re enjoying the opportu- this agricultural industry thriving here,” March before Arizona had agreed to the being used, the study said. nity and the responsibility to maintain this Terry Button said. plan. Daryl Vigil, water administrator at tradition,” Terry Button said. THANK YOU! Governor Doug Ducey, Representative Nancy Barto and the entire Arizona legislature for putting patients first. By passing HB2166, you have ensured that patients will continue to save money and control their out-of-pocket costs on the life-saving prescription medications they need. RAYTHEON PEOPLE INCLUSIVE. INSPIRING INNOVATION.

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19RMS554_Raytheon_AZCapTms_All.indd 3 4/1/19 4:35 PM 20 • Arizona Capitol Times AzCapitolTimes.com • April 26, 2019 WATER Is it really drought contingency or a missed opportunity? GUEST COMMENTARY are, including a number of legislators, and to There were also some key questions that What happens after that? Seven years is a some degree the governor – he cannot even were not asked and answered. short time horizon when you are talking By Sandy Bahr manage to say the words climate change and What does it mean for the future when we about something as important as water, some- spent a good part of 2017 and 2018 talking allow an increase in groundwater pumping to thing that is essential to life. ho could have anticipated that about what a great job Arizona has done on facilitate this short-term fix, as was approved So what do we need? For the Colorado there would be reduced flows in water planning. Those that got the cheap in the Arizona bill? In 1980, the Groundwater River, the rest of Arizona’s rivers, and our the Colorado River and that the water and have to take the first shortages were Management Act was passed, in part, to begin groundwater, we need a comprehensive sus- water levels in Lake also ignoring reality, but perhaps to limit groundwater pumping and move the tainability plan. The over-allocated river, cli- WMead would drop? Who knew that they knew they could go to the gov- state in a more sustainable direction when mate change and the hotter and drier con- those who got cheaper, lower pri- ernment (taxpayers) to get a bailout. it comes to water. There was a lot that was ditions for our state, are not going away any ority water from the river might The Lower Basin Drought Con- left out, however, including any mention of time soon. We need to learn to live within actually have to take the shortages tingency Plan (DCP) is a multi-state protecting rivers and streams from excessive our means and look at deeper conserva- to which they had agreed? Who agreement on how the states will groundwater pumping and, of course, huge tion – less water intensive industries, agri- knew that the river was stretched take less water from a river that has swaths of the state that were left with unregu- culture, and development; more reuse; and Bahr beyond what it can deliver? Anyone a “structural deficit,” even without lated and unmitigated pumping. They still are. recognition of the benefits of flowing rivers. who was paying attention. Anyone accounting for the impacts of cli- Now comes one of the bigger tests for that The excessive groundwater pumping that who can do basic math. Anyone who has mate change. Reducing the amount of water water planning and we seem to be failing is drying up wells in rural areas and also been looking at the Colorado River system we take from the Colorado River is necessary miserably. The DCP is really a plan for the robbing rivers of their life-sustaining base- and the impacts from climate change. and we should look at how we can do more, status quo, continuing the thirsty agriculture flows must be addressed. It is time to limit Despite the recent precipitation, Arizona but the implementation of the DCP for our and unsustainable growth and development groundwater pumping outside of the active is in a prolonged dry period that is projected state represents Arizona doing more of the that makes a lot of money for big developers, management areas. to get hotter and drier, according to the same old water policies and politics and really but leaves our state with even more problems. Maricopa County is the fastest growing most recent National Climate Assessment. missing an opportunity to shift the construct. Arizona’s plan actually takes our state back- county in the United States. Aren’t we We should no longer refer to it as drought In the DCP, there was no consideration of ward on groundwater management. Not only overdue in questioning whether that is a good because that makes it seem like it is tempo- deeper conservation, no consideration of does the DCP plan not limit groundwater thing and seriously considering what kinds rary and abnormal. What we are seeing now mechanisms to shift our state to less thirsty pumping, it actually facilitates pumping and of limits there are on sprawling development is what we can expect more of in the future. crops, and no consideration of what kind of we pay for it. and industrial agriculture in a desert that is Unfortunately, far too many of the usual development is sustainable. There was no The DCP is not a plan for the long term increasingly arid due to climate change? water interests seemed to be in denial about consideration of our other rivers and the need and it does not lay the groundwork for a sus- — Sandy Bahr is the president of the that until the last few years and some still for ecological flows. tainable future. It only takes us out to 2026. Grand Canyon Chapter of the Sierra Club.

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Questions? Call Lisa Simpson at 602.889.7125 or email [email protected]. Attendance is $25 per person. Continental breakfast is provided. Seating is limited. RSVP at store.azcapitoltimes.com/morning-scoop-water.html or go to store.azcapitoltimes.com. 22 • Arizona Capitol Times AzCapitolTimes.com • April 26, 2019 WATER Drought contingency plan evokes astonishment, buys time GUEST COMMENTARY his signature on April 8. And signed into law on April 16. By any standard of law- The governors’ representatives of the seven By Tom Buschatzke and Ted Cooke making, that is at the speed of political light. basin states now are prepared to sign the When Congress passed legislation But, by our minds, the truly system-wide DCP with the secretary of the on April 8 authorizing the sec- important phenomenon – the retary of the Interior to sign one that put the DCP effort into Interior. We can safely declare that our years- the Drought Contingency Plan overdrive on Capitol Hill – was crafted by the Colorado River the universal sense of urgency long work on the plan to help stabilize our vital Basin states, the immediate that every stakeholder came to river system really is effectively done.” reaction from nearly everyone feel about getting to the DCP could fairly be described as finish line. “astonishment.” Buschatzke We had to get this done. Rep. Raul Grijalva and, in fact, the entire of Colorado River conditions by the Astonishment at the speed And we had to do it now. The Arizona congressional delegation. Bureau of Reclamation, it looks like this with which the federal legis- integrity of the Colorado River The governors’ representatives of almost certainly will be enough to stave lation flew through Congress. system, upon which 40 mil- the seven basin states now are prepared off a Tier 1 shortage declaration in the At the rare bipartisan comity lion people in two nations rely, to sign the system-wide DCP with the Lower Basin of the system in 2020. Sur- that enveloped the proceedings depended on us getting it done. secretary of the Interior. We can safely face levels at Lake Mead now are pro- in both the House and Senate. It was that unified sense of declare that our years-long work on jected to finish 2019 at least nine or 10 At the waves of support for the Cooke urgency that brought represen- the plan to help stabilize our vital river feet above the critical Tier 1 1,075-foot DCP that flowed from nearly tatives of the governors of the system really is effectively done – and level. every group of stakeholders seven Colorado River Basin just in time, as 2020 is now beginning to However, that doesn’t mean we won’t – from cities, agriculture and tribes to states together on March 19 to sign a come into focus. be in shortage. DCP puts in place a new environmental advocates and business letter asking Congress to take the federal February and March brought the Col- Tier Zero shortage level that begins at and political leaders. action needed to implement the DCP. As orado River Basin an interesting twist Lake Mead elevation 1,090 feet. This Yes, the DCP experience in Wash- noted, on April 8, Congress did just that. of fate with a very wet winter that pro- Tier Zero shortage will likely be our new ington, D.C., was indeed a whirlwind. The Colorado River Drought Contin- duced a deep snowpack in the western reality starting in 2020. Introduced in congressional hearings on gency Plan Authorization Act was ably slopes of the Rocky Mountains. Based March 27. Delivered to the president for ushered along by Sen. Martha McSally, on the recently released 24-Month Study Continued on page 24

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azcapitolreports.com 24 • Arizona Capitol Times AzCapitolTimes.com • April 26, 2019 WATER dangerously low levels. Buschatzke • Cooke The DCP creates a safe haven for the Continued from page 22 re-negotiation of the 2007 guidelines, which expire, along with the DCP, in What does that mean? While we 2026. In short, it buys us time. We finish probably won’t be taking the dramatic the DCP and almost immediately turn Tier 1 cuts to the delivery of Col- around to begin working on the new orado River through the Central Ari- set of guidelines, which will become the zona Project Canal, Arizona will still be basin’s reality in 2027. We’re water man- taking a Tier Zero reduction of 192,000 agers and that’s what we do – and what acre feet to its CAP deliveries. That we will continue to do to ensure reliable water will stay in Lake Mead, in much water supplies into the future. the same way we have been voluntarily Those are the realities that put the leaving water in the lake for the past work we’ve done into perspective, but several years. The difference is that this they certainly don’t diminish the enor- reduction will now be mandatory. mity of what we’ve accomplished. This is all part of what we agreed to Without a DCP in place, the odds do – water users in Arizona, as well as of Lake Mead crashing in the coming our basin states partners, took the long 2020 Water Year had risen to better

view that working collectively to protect DEPOSITPHOTOS.COM than 50-50 before the winter’s improved our shared resources benefits us all. It is The Davis Dam on the Colorado River. hydrology pushed us back from the difficult to overstate the significance of precipice. the willingness of the seven basin states But in terms of taking long-term shortage declaration. With the DCP, on the other hand, the to work together. We collaborated not steps to protect the most important As recently as 2011, remember, Lake risk of shortage begins to decline toward just with parochial interests in mind, but source of water in the Southwest, the job Mead elevation rose from about 1,080 more manageable single digits. with the best interests of the 40 million is never really done. feet to above 1,130 feet in a single year, Accomplishing that goal is, in itself, people relying on the Colorado River in We certainly are not done taking thanks largely to a 2010 winter snow- something the basin states should con- mind. action to protect both Lake Mead pack that was well above average. Just sider a job not just “done,” but done well. Nor can we overstate the astonishing and Lake Powell from the effects of a few years later, by 2014, Lake Mead — Tom Buschatzke is director of the enthusiasm that greeted the seven gov- ongoing, historic drought. One winter levels were again sinking toward a Department of Water Resources and is ernors’ representatives when they turned of above-average snowpack does not shortage declaration. the representative of Gov. Doug Ducey’s to Congress for the legislation necessary change the fact that the Southwest Vital as it is, the DCP is not a “solu- Drought Contingency Plan. to authorize the Interior secretary to remains one or two dry winters away tion” to anything. It is simply a tool for — Ted Cooke is general manager of the finalize the DCP with the states. from once again teetering toward a reducing the risk of Lake Mead falling to Central Arizona Project.

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617-249-2600 | azcapitoltimes.thrivehive.com 26 Arizona Capitol Times • AzCapitolTimes.com April 26, 2019 Senator: Swamp creatures in ties, suits roam Capitol

By Howard Fischer Capitol Media Services

It’s not exactly life imitating art. But a real life state senator from Mesa decided to air the fictional “Mr. Smith Goes to Washington’’ on April 23 for colleagues and staff, saying the movie will educate them about the nature of politics, corruption in government and “swamp creatures’’ that wear suits and ties at the state Capitol. Republican Sen. David Farnsworth called the movie a lesson in caution. And he’s convinced there’s not just corruption in state government in Arizona but also a swamp to be drained here, just like in Washington, both in 1939 and now. “The message is, there’s a lot of influences that we deal with,’’ Farnsworth told Capitol Media Services of the classic Jimmy Stewart movie. “Some of them are positive and some of them are negative,’’ he said. “And I think as legislators we need to be aware of those influences and have our eyes open and not be naive.’’ Farnsworth said he does not fancy himself as a lat- ter-day Jefferson Smith, the Stewart character in the Frank Capra movie about a naive innocent who finds himself in the U.S. Senate doing battle with corrupt Jimmy Stewart and Claude Rains in the 1939 classic “Mr. Smith Goes to Washington,’’ shown to state senators and staff April 23 by a lawmakers. lawmaker who says it helps inform people about the corruption that can occur in government. “The character in the movie was a very pure- minded individual,’’ the senator quipped. “And I here should be no surprise. wouldn’t claim to be as good as he was.’’ “Any time there’s big power and big money it’s But he said there are parallels between his own deci- common sense that there’s a certain amount of corrup- sion to get involved in politics and what’s going on in tion,’’ he said. Washington right now. “We don’t know who the players are,’’ Farnsworth It started, Farnsworth said, with the impeach- continued. “But we need to be continually vigilant to ment and conviction of Evan Mecham in 1988 by see if we can root that corruption out.’’ the Arizona Legislature. Among the charges was that One of the pivotal scenes in the movie is when Mecham was guilty of obstruction of justice for telling Stewart’s character, having been framed for corruption the director of the Department of Public Safety not to himself, stages a one-man filibuster on the Senate floor cooperate in an investigation of death threats involving to delay a vote on an appropriations bill. Stewart goes two aides. nearly 24 hours before collapsing. Farnsworth said what happened to Mecham is There has not been a true filibuster in the Ari- “similar to what they’re doing to Trump in Wash- zona Senate for decades. But Senate President Karen ington right now,’’ with some members of Congress Fann, R-Prescott, one of a handful of lawmakers who saying that the Mueller report left open the question of attended the screening, said she’s not concerned that whether the president engaged in obstruction. one thing the movie will teach current lawmakers is So how does Farnsworth believe that a movie about how just one of them can bring the legislative pro- a do-gooder sent to Washington where he confronts cess to a halt to make a point or get a specific con- PHOTO BY HOWARD FISCHER/CAPITOL MEDIA SERVICES FISCHER/CAPITOL HOWARD BY PHOTO political corruption helps explain to Arizonans the pol- Sen. David Farnsworth explains to colleagues and staff April 23 cession. itics here? why he wants them to see “Mr. Smith Goes to Washington” to “You have missed the entire point of the movie,’’ she “I think that, as has been stated, there’s a swamp in educate them about the powers that can corrupt in government. said. D.C. and I believe there’s a swamp in Arizona,’’ Farn- And that is? sworth said. “It’s difficult to drain the swamp because “Absolutely,’’ Farnsworth said. “Understanding how we can all have good, debat- you don’t know who the swamp creatures are because “If I knew where it was, I would clean it up – thus, able conversations about the topics that are important they all wear suits and ties and big smiles.’’ the film to remind us,” the senator explained. to all of our people,’’ Fann explained. “It’s not about the So does he believe there’s corruption in Arizona? And Farnsworth said his analysis of the situation filibuster.’’ Senate sours on lemonade as official state drink

By Ben Giles their vote before I close the board? I can’t reference to attempts by some Democratic voted against the bill – he was one of five [email protected] tell if you’re being serious or not,” the lawmakers to amend Petersen’s HB2692 in Republicans to do so. Prescott Republican asked her colleagues. honor of an alcoholic beverage. “Sugar is as harmful as tobacco, and yet Senate President Karen Fann was dumb- They were very serious. Not exactly, said Minority Leader David it’s flagrant in our society, flagrant in lem- founded. The bill failed April 24 on a 12-18 vote to Bradley, D-Tucson. onade,” Gray said. “For me, it was just a A bill to dub lemonade the official state lighthearted applause and laughter among “I heard that rumor as well, but actually health issue. drink of Arizona, the brainchild of a Gilbert senators. As for why, the explanations Senator Gray brought up a good point about The Senate agreed late on April 25 on a teenager in GOP Rep. Warren Petersen’s leg- varied. sugary drinks and its effects on people,” voice vote to reconsider the proposal. The islative district, was about to fail in the state “A lot of, I guess, the opposition was in Bradley said. “If you take it seriously, and action does not commit lawmakers to now Senate. support of margaritas,” said Senate Minority you should, water should be the choice.” voting for lemonade but simply sets the “Members, does anyone want to change Leader Rick Gray, R-Sun City, an apparent Gray did acknowledge that’s why he stage for a new vote azcapitolreports.com 602.258.7026 28 Arizona Capitol Times • AzCapitolTimes.com April 26, 2019

This week five years ago (April 25, 2014) Supreme Court rules in favor of drivers who use pot

Arizonans who smoke marijuana can’t be charged with driving while impaired absent actual evidence that they are affected by the drug, the Ari- zona Supreme Court ruled. The justices rejected arguments by the Maricopa County Attorney’s Office that a motorist whose blood contains the slightest amount of metabolite of marijuana can be presumed to be driving while impaired and therefore driving illegally. The justices said medical evidence shows that not to be true. The ruling affects more than 40,000 Arizonans who are legal medical marijuana users. Lake Mary, March 1905

This week 10 years ago (April 24, 2009) Bills pass to ensure Flagstaff’s Lake Mary AZ gets federal Lake Mary, a man-made body of water, was created less than a year Lake Mary after Timothy Riordan’s eldest daughter Mary. stimulus money after a dam was built in a shallow valley south of Flagstaff. Rem- The Arizona Legislature sent its nants of a temporary sawmill and living quarters can be seen in this The lake immediately became a popular place for boating and strongest signal yet to Washington March 1905 photograph of the lake, which measured half a mile fishing. The local newspaper reported on its virtue for duck wide, six miles long and 28 feet deep. hunting, ice skating and fishing. Three small boats were bought for D.C. that the state would not risk pleasure use, with orders placed for “a couple of auto boats” as well. losing out on federal funds available The town of Flagstaff had been on the hunt for a water supply that That spring, when the lake was filled to capacity, sailboat races were under the American Recovery and would satisfy domestic and industrial needs nearly since the com- held. And the next summer, the lake was stocked with 15,000 blue Reinvestment Act. munity was formed in the 1880s. The steam engines on the railroad bass. The Legislature passed two bills to needed water and so did the engines used in the sawmills. make sure it complies with require- But from the beginning, the lake couldn’t hold water. The basin sat Flagstaff needed to find something more reliable than the few on top of porous limestone formations, which created numerous ments of the federal stimulus law, put- springs around the town, which dried to a mere trickle by early sinkholes in the basin, draining off the water slowly during hot ting an end to speculation that Ari- summer. summers and dry winters. zona might not qualify for $1.7 billion for Medicaid programs and additional Initially water for domestic use had to be hauled and kept in barrels In 1941, the city of Flagstaff finally addressed the problem and money to extend unemployment ben- at each home or business. In 1901, the town built an elaborate built a second dam south of Lake Mary, creating Upper Lake Mary. efits for an additional 13-20 weeks. piping system that brought water down from the inner basin of the Built away from the malapais and limestone formations, the lake San Francisco Peaks. Water rates were $2 for the first 1,000 gallons, held water and with the help of several wells dug in the area before 15 cents for each additional 100 gallons up to 2,000 gallons, and the second lake filled, provided an assured water supply for the city. 5 cents for each 100 gallons thereafter. There was enough water for homes and businesses, but not nearly enough for the sawmills. Today, the upper lake provides year around recreational opportunities to water skiers, boaters, and in the winter, ice fishermen. The Riordan brothers, Michael and Timothy, owners of Arizona This week 20 years ago (April 23, 1999) Lumber and Timber Company, had developed an electric light The lower lake is seasonal – dry most of the time except in wet years when the shallow basin again fills with water. Both lakes are Hull vetoes firearms, plant, which served their business and also the community, and secrecy bills was operating by 1903. The next obstacle to operating their logging favorite hunting areas for humans and animals. operation was water, and they tackled it with their usual energy. Joan Brundige-Baker. Photo courtesy Cline Library, Northern Arizona Gov. Jane Hull wasted little time in vetoing a bill that would have prohib- In 1904, the Riordans explored Little Valley, south of Flagstaff. University. ited cities and counties from adopting Homesteaded by early settler John Clark, a sheep rancher, Little The Times Past article was originally published on February 8, 2002. ordinances regulating firearms. Valley, also known as Clark’s Valley, was the site of temporary ©Arizona Capitol Times. sawmills, which processed logs brought in on a narrow gauge Hull said taking away a city’s ability railroad from the south. Its flat basin formed a grass meadow fed to regulate firearms without replacing by many tributaries during the spring melt. If you love Times Past, you’ll love our book. it with a specific state policy “does not make any sense to me at all.” The The Riordans proposed to build a rock dam across a narrow Arizona Capitol Times has taken this beloved feature and made it into a coffee table book — Times Past: governor also vetoed a bill that would cut of malapais rock at the north end of the valley to catch the Reflections from Arizona History. It features some have prohibited the public disclosure runoff, which normally flowed into Walnut Canyon. The dam of the state’s most colorful stories from early of performance evaluations for school would serve both industrial and municipal uses. territorial days through statehood and into the administrators and certified school 21st century. When the dam was completed in 1904, it was 1,014 feet long psychologists. Hull explained that she and 751 feet deep. The lake that formed behind it held slightly To order, call 602-258-7026 or go to store.azcapitoltimes.com vetoed the school measure “because I more than 4 million gallons of water. The Riordans named it believe parents have a right to know.”

— Compiled by Don Harris April 26, 2019 Arizona Capitol Times • AzCapitolTimes.com 29

News of interest from across the nation FROM OTHER STATES Source: Associated Press

Arkansas State faces new court NEW MEXICO fight over sedative for executions University revamps film LITTLE ROCK — A federal lawsuit filed by death row inmates has program amid demand renewed a court fight over ALBUQUERQUE — The University whether the sedative Arkansas of New Mexico has revamped its film and uses for lethal injections causes digital arts program amid the demand torturous executions, two years of film and television productions in the after the state raced to put eight convicted state. killers to death in 11 days before a previous The school announced this month it batch of the drug expired. will offer new degree plans in the Depart- Arkansas recently expanded the secrecy ment of Film and Digital Arts that will surrounding its lethal injection drug allow students to focus on film produc- sources, and the case heading to trial could tion, gaming and animation, or criticism. impact its efforts to restart executions that The department is also offering new have been on hold due to a lack of the minors in each of these areas. drugs. It will also be the latest in a series Department chair James Stone said of legal battles over midazolam, a sedative the changes were needed after Net- that other states have moved away from flix announced it would be purchasing using amid claims it doesn›t render inmates Albuquerque Studios and the state saw fully unconscious during lethal injections. another increase in film production. States that want to avoid unnecessarily inhumane executions will be watching closely, said Robert Dunham, executive director of the Death Penalty Information Center, which has criticized the way states carry out the death penalty. The bill directs state agencies to rec- Kansas tricting process are finding unusual allies ommend a plan to compete with private in some black Democrats in the Legisla- insurance plans and those offered on Col- Governor vetoes mandate ture, who are concerned the new districts orado’s health care exchange. might disenfranchise black voters. California The House approved the legislation by on abortion ‘reversal’ A part of the amendment, called Clean a 45-19 vote. The public option legislation Missouri, would change how state leg- Proposal to tax soda directs the Department of Health Care TOPEKA — Kansas’ new Democratic islative districts are redrawn after the Policy and Financing and the Department governor vetoed a measure 2020 census. An Associated Press anal- pushed to next year of Regulatory Agencies to deliver a pro- that would require clinics and ysis last year found the new plan will likely posal in November. The plan would assess doctors to tell their patients improve Democrats› chances of winning SACRAMENTO — Lawmakers won’t costs, funding sources, necessary federal about a disputed treatment to more seats in the Legislature. vote on a soda tax or limit permissions and funding, consumer eligi- stop a medication abortion after a woman Most Democrats in the Statehouse sup- how much can be sold in a bility and who in government would run has taken the first of two pills. port the amendment approved by voters single cup this year, marking the program. The action by Gov. Laura Kelly, an in November. But some members of the the latest California victory abortion-rights supporter, sets up a con- Legislative Black Caucus say they worry for the beverage industry. frontation with a Republican-controlled the change could dilute the black vote by Assemblyman Richard Legislature that has had solid anti-abor- creating new districts that spread out black Bloom delayed his soda tax bill until next Idaho tion majorities for more than two decades. voters into majority white districts. year, saying it didn’t have enough support Supporters of the abortion “reversal” to pass. Governor has unfettered bill appeared to have the two-thirds New taxes need support from two- majorities needed in both chambers to thirds of lawmakers. Earlier, Assemblyman chance to cut state rules override the veto once lawmakers return Montana David Chiu pulled his bill to limit soda on May 1 from a weeks-long break. sales to cups of 16 ounces in restaurants BOISE — Idaho’s governor now has Abortion opponents contend the bill States ask judge to rule and convenience stores. Both were efforts sweeping authority to ensures that women who harbor doubts to crack down on the soda industry and eliminate thousands of about ending their pregnancies will learn on dark-money lawsuit promote public health. The delay “gives us state-approved rules that they can stop a medication abortion the time to build the support we need to without public participa- by taking the hormone progesterone. HELENA — Attorneys for Montana get to a floor vote,” Bloom said tion or lawmaker over- Abortion-rights supporters say the pro- and New Jersey are asking a sight. posal would force doctors to provide federal judge to rule on their That’s because the state Legislature, dubious information to their patients. dark-money lawsuit against which is controlled by Gov. Brad Lit- the Internal Revenue Service Colorado tle’s fellow Republicans, failed to pass and the Treasury Depart- a bill approving 8,200 pages containing ment without a trial. Lawmakers OK bill 736 chapters of rules and regulations Missouri Montana Gov. Steve Bullock and New that touch on just about every aspect of Jersey Attorney General Gurbir Grewal to develop state daily life in Idaho. Some black lawmakers filed a motion for summary judgment as The rules Little is now reviewing they seek to block a rule change ending insurance option include such things as protecting con- concerned about redistricting the requirement of some tax-exempt sumers, homeowners, the environ- groups to disclose the identities of their DENVER — Colorado’s House has ment and school children. They range JEFFERSON CITY — Republicans major donors. sent to the governor a bill to from hunting and fishing licenses to pushing to repeal a constitu- Bullock said the IRS decision to change develop a state-run health licensing for health care professionals tional amendment that insurance option. and construction contractors. revamped Missouri’s redis- Continued on page 30 30 Arizona Capitol Times • AzCapitolTimes.com April 26, 2019

News of interest from across the nation FROM OTHER STATES Source: Associated Press

Continued from page 29 North Dakota When the Legislature took on Oregon’s Utah public records exemptions in 2017, one the Nixon-era rules designed to prevent Supreme Court may of the bills it passed created the Oregon State agrees to delay fraud and abuse by groups with nonprofit Sunshine Committee. The group reviews status was made with no notice or public weigh in on Marsy’s Law all of the state’s public records disclosure implementation of comment. exemptions. BISMARCK — The North Dakota abortion law Supreme Court could soon clarify who is considered a SALT LAKE CITY — Utah officials Nebraska victim under Marsy’s Law, South Dakota agreed to delay the implementa- which embedded victim’s tion of a new law that bans most Lawmakers soon will take rights into the state Constitution. State defends pipeline abortions after 18 weeks of preg- The high court is expected to rule in nancy as a legal challenge plays on budget, tax changes the upcoming months in a case that uses protest legislation out in the courts. the 2016 constitutional amendment to Utah Attorney General Sean Reyes made LINCOLN — With the legislative ses- dispute restitution to an insurance com- South Dakota’s governor and attorney the announcement shortly before a court sion more than two-thirds pany, the Bismarck Tribune reported. general are asking a federal hearing in which abortion-rights advocates over, Nebraska lawmakers The law guarantees crime victims and judge to throw out a lawsuit who sued over the law were ready to ask a are getting ready to confront their families the right to participate in challenging a new law that judge to delay the measure that had been set some of the biggest issues judicial proceedings. It also expands their aims to prevent disruptive to take effect May 14. they’ll face this year, privacy rights, among other provisions. demonstrations against the Keystone XL Reyes, a Republican, said his office will including the state budget, a contentious Police and prosecutors have long pipeline if it’s built. still defend the constitutionality of the law. property tax plan and a long-shot attempt to argued that the meaning and boundaries The law allows officials to pursue crim- But he noted the delay will allow both sides to repeal the death penalty. of the law are vague. inal or civil penalties from demonstrators prepare for the case involving the contentious, Many state lawmakers campaigned on who engage in “riot boosting,” which is deeply personal issue. promises to lower property taxes, but they defined in part as encouraging violence have yet to agree on how to do it. The latest during a riot. The American Civil Liber- plan from the tax-focused Revenue Com- Oklahoma ties Union and American Indian tribes mittee seeks to ease the burden on property say the law will stifle free speech, but the Washington owners by raising the state sales tax from 5.5 Governor signs bill hiking state disputes that argument. percent to 6.25 percent, eliminating sales tax “Defendants deny that any objectively Lawmaker apologizes exemptions and boosting state funding to turnpike, highway speeds reasonable fear of prosecution for pro- K-12 schools. Nebraska’s cigarette tax would tected speech would arise under (the for nursing comments jump from 64 cents to $1 per pack. OKLAHOMA CITY — Legislation law),” Deputy Attorney General Richard The extra revenue would then be used to that increases speed limits Williams said in a filing. He also said the OLYMPIA — A Washington state law- lower school property taxes by an average of on Oklahoma turnpikes state is immune from such lawsuits. maker who angered nurses by 20 percent — a major savings for farmers, and some state highways saying some may spend a lot of ranchers and homeowners. It’s already has been signed into law by time playing cards in rural hos- proven controversial, with Gov. Pete Rick- Gov. Kevin Stitt. pitals says she wishes she could etts strongly opposed and “alarmed that sen- The bill signed by Stitt increases turn- Texas reel that comment back in. ators are even considering this.” pike speed limits from 75 to 80 mph and State Sen. Maureen Walsh, a Republican, from 70 to 75 mph on certain state high- Lobbyists back teen said her comments were taken out of context ways. and that she was concerned that rules in a Rep. Daniel Pae of Lawton authored trying to end Texas proposed bill would be a hardship for small Nevada the bill and says he worked with the hospitals. Oklahoma Department of Transporta- Confederate holiday The Senate bill would require uninter- Judge sets hearing on bid tion, the Oklahoma Turnpike Authority rupted meal and rest breaks for nurses. Walsh and the Oklahoma Highway Patrol. He AUSTIN — Months after the removal wanted an amendment that would exclude to stop new pot licenses says the new speed limits will be imple- of a plaque in the Texas hospitals with fewer than 25 beds, saying she mented gradually and safely. Capitol that rejected slav- thought those nurses “probably play cards for LAS VEGAS — A Nevada judge said ery’s role in the Civil War, a a considerable amount of the day.” she’ll hear arguments next month push to abolish a state hol- on a bid by dozens of companies to iday honoring Confederate freeze a second wave of licenses for Oregon soldiers has returned with the state’s lucrative marijuana sales the backing of high-powered lobbyists. Wyoming market. Legislature considers But it still faces long odds. Judge Elizabeth Gonzalez told more Texas is one of just nine states with Doctor accused of drug than a dozen lawyers in Las Vegas she can’t bills to limit public Confederate holidays. Past efforts to officially consolidate seven lawsuits filed in either rename “Confederate Heroes Day” dealing heads to trial Clark County District Court, and she has records access or wipe it off the calendar have gained no jurisdiction over two lawsuits filed in little traction in Texas, where Repub- CASPER — A former Wyoming physi- Washoe and Lyon counties. SALEM — The Legislature is con- licans have also resisted calls to tear cian accused of dealing drugs Companies are accusing state tax officials sidering 46 bills that would down Confederate symbols in the face of that caused the death of an Ari- of failing to disclose how they chose winners limit access to public records, monuments falling nationwide in recent zona woman goes to trial this and losers last December from 462 appli- including documents related years. week. cants for 61 new cannabis dispensary and to state investigations, trade But in January, Gov. Greg Abbott Shakeel Kahn faces charges including production licenses. secrets, personal medical yielded to pressure and agreed conspiracy to distribute prescription drugs information, election security, crime vic- to remove a 60-year-old Confederate resulting in death. The Casper Star-Tri- tims’ identities and more. plaque that came under bipartisan bune reports a judge denied a request by The Statesman Journal reports the rebuke as historically indefensible. Now Kahn to change the trial date in U.S. District reasons for limiting public disclosure a Democratic lawmaker has renewed Court in Casper. of these documents are enumerated in long-failed attempts to get rid of Texas› Prosecutors say customers paid Kahn $500 @AzCapitolTimes so-called open-government impact state- Confederate holiday, and his supporters for opioid and anti-anxiety prescriptions. ments that, for the first time during a reg- include a teenager who made headlines Jessica Burch filled prescriptions allegedly ular legislative session, are required to be in 2015 after spearheading a bill when he signed by Kahn two days before she died in completed for every bill introduced. was just 13 years old. Lake Havasu City, Arizona, in 2015. April 26, 2019 Arizona Capitol Times • AzCapitolTimes.com 31 Arizona Marketplace Reach 5,500 influential readers per week with your messageI To place your ad I 602.889.7125 I [email protected] CATEGORIES

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