County Opposes Renewal of Mineral Lease to Arizona/California Portland Cement Company on State Trust Land

In December of 2004, the Arizona State Land Department requested comments from the County on the renewal of several mineral leases and on new mineral leases along Davidson Canyon and within the Cienega Valley. The County’s position has consistently been that these proposals for new or continued mining run counter to significant conservation efforts that have taken place in this area at the Federal and local level and will irretrievably damage the integrity of this nationally important landscape and a key water source for Tucson’s population.  One mining company in particular, Arizona/California Portland Cement has been successful in getting a mining lease from the Arizona State Land Department for land on the east and west side of Davidson Canyon.  The County submitted comments opposing the renewal of the lease due to the impact mining could have on significant public investments in conservation properties downstream of the proposed mine and impacts on surrounding landowners.  The County’s comments regarding the renewal of this lease are contained in numerous letters to the State Land Department and the Governor, and are also contained in a Board adopted resolution.  Initially, the County received no response to these letters.

State Land Commissioner Issues Mineral Leases

In June 2006, the County, in response to a request from the State Land Commissioner, provided the Land Department with several conditions to include in the renewal of the mineral lease, while at the same time reiterating the County’s outright opposition to issuing the lease. On July 28, 2006 the County responded by letter to the Governor’s Office responding to comments that Arizona/California Portland Cement had on the County requested conditions.

On November 22, 2006, in response to a court order stating that the State Land Commissioner must make a decision on whether to issue the lease or not, the Land Commissioner issued Decision and Order, No. 134_2006/2007, granting Arizona/California Portland Cement the mineral lease.  The Order did include the conditions proposed by the County, however the County was concerned that the intent of the conditions would not be carried through to the lease language. By a letter dated November 24, 2006, the County asked the State Land Commissioner to allow the County to be involved in drafting the details associated with these conditions in the actual lease document, and asked for the Commissioner’s support in initiating legislative reform of the State mineral leasing process.  By a resolution adopted by the Board on December 5, 2006, the County reiterated the same requests.  The Deputy Land Commissioner met with the County Administrator to discuss these requests, but ultimately the Land Department decided not to involve the County in the drafting of the conditions in the lease language. In addition, the Deputy Land Commissioner felt that progress could be made on reforming various aspects of the State Land Department’s mineral lease process administratively. However, the County has not been made aware of any reforms.

On December 18, 2006, the County requested a notice of the Land Commissioner’s Decision and Order.  The Land Commissioner responded the County was not a party of interest and therefore would not get a notice

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