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STRATEGIC OUTCOMES |
ACTION |
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Department: |
☐ Safe & Prosperous |
☐ Motion |
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Utilities |
☐ Active & Appealing |
☒ Resolution |
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☒ Respected & Responsible |
☐ Ordinance - Introduction |
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Division: |
☐ Connected & Engaged |
☐ Ordinance - Adoption |
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Administration |
☐ Unique & Creative |
☐ Public Hearing |
TITLE: t
Resolution of Support - Paradise Cove West Wetland Designation as a Protected Surface Water
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SUMMARY RECOMMENDATION: Summary Recommendation
Approve a Resolution of Support for the designation of the Paradise Cove West Wetland effluent channel as a waterbody pursuant to the Arizona Department of Environmental Quality rulemaking process. (Utilities/Administration) (Jeremy McCall)
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STRATEGIC OUTCOME:
Supporting the designation of the Paradise Cove West Wetland as a protected surface water aligns with City Council’s Respected and Responsible strategic outcome by demonstrating the City’s commitment to environmental stewardship and regulatory integrity. This action reflects responsible wastewater management that balances ecological preservation with compliance and cost-effective operations.
REPORT:
The Figueroa Avenue Wastewater Treatment Facility has historically discharged its treated effluent into the Colorado River system via an effluent channel to the Colorado River. In 2019, the Arizona Department of Environmental Quality (ADEQ) determined that the effluent channel must now meet water quality standards without the benefit of a mixing zone located downstream-a change that has made it difficult to comply with discharge standards for nitrate and nitrite.
In response, staff considered constructing a new pipeline across federal lands to discharge directly into the Colorado River, which would allow the Figueroa facility to use a mixing zone for compliance purposes. With the pipeline/mixing zone alternative, the wetland (built as part of a federal wetlands mitigation effort and which depends on receiving the Figueroa facility’s discharge) would likely disappear without the effluent stream. Based on these findings and with support from stakeholders-the Bureau of Reclamation, the Cocopah Indian Tribe, and U.S. Customs and Border Protection -- ADEQ began exploring the option of designating the Paradise Cove West Wetland as a distinct and definable waterbody.
In July 2024 ADEQ sent a team to Yuma to survey the Paradise Cove West Wetland and consulted with the Environmental Protection Agency (EPA). The agencies agreed that the effluent-fed side channel could qualify as a water of the state, but doing so would require legislative action through a formal rulemaking process.
The Paradise Cove West Wetland was originally created by the Bureau of Land Management to offset habitat impacts from federal vegetation control efforts. Because the wetland and its effluent channel lack a formal designated use, the default water quality standards of the Colorado River apply. These include standards for Domestic Water Source use, despite the absence of any actual drinking water intakes in the wetland or downstream. This default application imposes a significant regulatory burden on the Figueroa Avenue Wastewater Treatment Plant, especially for nitrate and nitrite levels, despite no known threat to public health or the environment.
The proposed resolution expresses City Council support for designating the Paradise Cove West Wetland as a protected surface water under Appendix B of the Arizona Administrative Code. This designation is a key part of a sensible rulemaking effort that balances environmental protection with economic practicality. The proposed rule will preserve an important mitigation wetland and allow the Figueroa Avenue facility to continue discharging treated effluent without the need for expensive upgrades to meet inappropriate standards.
ADEQ has worked closely with the City of Yuma, the Bureau of Reclamation, the Bureau of Land Management, the Cocopah Tribe, and other stakeholders in developing this proposed rulemaking. This collaborative process offers a rare opportunity to align sound environmental stewardship with practical wastewater management.
Staff is requesting a formal resolution of support from City Council for this proposed designation, to be submitted to ADEQ during the public comment period, which runs from May 9, 2025, through June 8, 2025.
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 0.00 |
BUDGETED: |
$ 0.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
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FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING: ACCOUNT/FUND #/CIP |
TOTAL $ 0.00
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To total; right click number & choose “Update Field” |
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FISCAL IMPACT STATEMENT:
NONE
ADDITIONAL INFORMATION:
SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:
NONE
IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?
☐ Department
☐ City Clerk’s Office
☐ Document to be recorded
☐ Document to be codified
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Acting City Administrator: |
Date: |
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John D. Simonton |
05/27/2025 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
05/26/2025 |