RESOLUTION NO. 05-2025
A RESOLUTION OF THE COUNCIL OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF PARKER, ARIZONA, ENACTING A MORATORIUM ON CONSTRUCTION OR LAND DEVELOPMENT IN THE TOWN OF PARKER, PROVIDING WRITTEN FINDINGS, AND DECLARING AN EMERGENCY.
WHEREAS, on December 23, 1969, the Town of Parker, Arizona (the “Town”) and the Colorado River Indian Tribe (“CRIT”) entered into an agreement to form a joint venture to construct, operate and maintain an area-wide sewage system known as the Colorado River Sewage System (the “System”); and
WHEREAS, the System is managed by the Colorado River Sewage System Joint Venture (“Joint Venture”), which is a separate legal entity comprised of members of the Town, CRIT, and a disinterested member selected by the other four members and approved by the Secretary of Interior (or designee); and
WHEREAS, in November 2024, the Town was notified by Joint Venture that the System was at capacity due to significant repairs and replacements required to the aging system, and any new connections may jeopardize the System for all users; and
WHEREAS, on April 2, 2025, the Town issued a public notice accompanied by written findings to support a moratorium on construction or land development pursuant to A.R.S. § 9-463.063(A)(1) and (2), which was published as required by A.R.S. § 9-463.063(A)(3); and
WHEREAS, the Town Council held a public hearing prior to issuing the moratorium on May 20, 2025, pursuant to A.R.S. § 9-463.063(A)(3); and
WHEREAS, in light of the findings contained herein as Exhibit A, which are incorporated herein by reference, the Town Council finds that a moratorium will protect the integrity of the System to allow Joint Venture sufficient time to implement repairs while protecting the health, safety, environment, quality of life and general welfare of its residents; and
WHEREAS, the Town Council finds that the System, as an essential public facility serving the Town’s residents, is unable to sustain connections to adequately serve new development until the System is repaired; and
WHEREAS, the Town Council recognizes the importance of permits for the continued economic growth of the Town and the Town continues to cooperatively work with Joint Venture to actively identify funding sources to repair the System and restore full capacity for all users; and
WHEREAS, the Town will actively monitor any repairs to the System and promptly repeal the moratorium when evaluations or assessments of the System demonstrate that new connections can be maintained and sustained without jeopardizing the System for all users; and
WHEREAS, the Town Council of the Town of Parker, Arizona (the “Town”), as a duly elected body, finds that it is in the best interest of the Town and its residents to enact a moratorium to protect the integrity of the System for continued use by all its users; and
WHEREAS, the Town Council finds that the enactment of this Resolution implementing a moratorium is necessary for the preservation of the peace, health, and safety of the Town of Parker, Arizona, that an emergency is declared to exist, and this Resolution shall be effective immediately upon its passage and adoption.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF PARKER, ARIZONA, as follows:
Section I. WRITTEN FINDINGS JUSTIFYING MORATORIUM. That the Town Council does hereby adopt as part of this Resolution the findings as set out in Exhibit A to this Resolution and incorporates these findings by reference into this Resolution.
Section 2. APPLICABILITY. The Town hereby enacts this Resolution in order to enact the moratorium on the acceptance and processing of certain applications and issuance of particular permits and other forms of municipal authorizations related to construction and land development activities that require a new connection to the System. This moratorium applies to all Town zoning district uses within the Town limits.
Section 3. PURPOSE. This moratorium is being enacted to (a) prevent a shutdown of the System, which is an essential public facility, as defined by A.R.S. § 9-463.06(I) and is currently operating at capacity; and (b) for the protection of the health, safety and welfare of the residents of the Town to prevent overwhelming the System, which would result in a lack of sewer services for all users.
Section 4. DURATION. The duration of this temporary moratorium is indefinite since it is dependent on Joint Venture’s repairs to the System, but will be promptly repealed when the Town receives evaluations or assessments that demonstrate new connections will not jeopardize the System’s ability to provide continuous and dependable services to all users.
Section 5. EXCEPTIONS. The Town will abide by the statutory exceptions relating to any development agreements, a protected development right, or any vested right as prescribed by A.R.S. § 9-463.06.
Section 6. REPEAL. In the case of any conflict between the other provisions of this Resolution and any existing resolution or ordinance of the Town, the provisions of this Resolution will control.
Section 7. SEVERABILITY. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid, that invalidity or the unenforceability will not affect any other provisions or applications of this Resolution that can be given effect without the invalid provision.
Section 8. ENFORCEMENT. The Town shall have the power to administer and enforce the provisions of this Resolution as may be required by law.
Section 9. EFFECTIVE DATE/EMERGENCY. This Resolution No. 05 – 2025 shall be effective immediately upon passage as an emergency measure based upon the health and safety issues involved, as further detailed above and in the adopted written findings justifying the moratorium.
PASSED AND ADOPTED
by the Mayor and Town Council of the Town of Parker, Arizona, May 20, 2025.
Written findings can be found HERE
FOR IMMEDIATE RELEASE
April 30, 2025
Town of Parker Faces Millions Of Dollars in Infrastructure Emergency as Joint Venture Collapses;
PARKER, AZ – The Town of Parker is formally notifying residents and stakeholders of a major infrastructure emergency involving the regional sewer system (Joint Venture), jointly managed with the Colorado River Indian Tribes (CRIT). The system has deteriorated to a point where immediate, large-scale repairs are necessary, estimated to cost over $20 million. Due to the scope of the damage, repairs are projected to take 18 months from the time construction begins.
No new development can occur in the Town of Parker until this issue is resolved. The Town Council is prepared to adopt a resolution on May 20, 2025, declaring a moratorium that will prevent new sewer system hook-ups. This moratorium will include residential, commercial, and industrial developments and will remain in place until the system is capable of handling additional demand.
“This failure is the result of years of inaction and mismanagement, and we’ve now reached a critical tipping point,” said Town of Parker Vice Mayor Dusty Wooddell. “Our hands are tied—until this is fixed, we simply cannot support any further growth in Parker.”
The Town is taking decisive action to address the crisis and is prepared to move forward with necessary
repairs, emergency planning, and securing funding. However, as this is a jointly managed system, coordination with and
participation from CRIT remains a critical component of any long-term solution. The Town is actively fulfilling its role
under the joint agreement and continues to seek engagement from CRIT to ensure the long-term stability of the sewer system and the health and safety of the community.
The failure to act puts the region at serious environmental risk, particularly the potential contamination of the Colorado River. Such contamination would jeopardize public health, wildlife habitats, agriculture, and downstream communities that rely on this vital waterway.
This is not exclusively a CRIT or a Town of Parker governmental issue," said Town of Parker Mayor Randy Hartless. "It's an issue the entire community shares. It is literally a 'Joint Venture’, and that's how we need to approach this emergency. We cannot afford to work independently of one another. I look forward to making quick progress, because cutting through political red tape is the only way we're going to get this project started, and we need to get it started sooner rather than later”.
“The Town of Parker is doing everything in its power to address this situation swiftly and responsibly,” said Wooddell. “But we cannot do it alone. CRIT must fulfill its obligations under the joint agreement, or we risk long-term harm to our communities.” The Town is actively seeking emergency funding, evaluating legal remedies, and working with engineers to prepare for immediate action once funding is secured. Updates will continue to be shared with residents as the situation evolves.
For more information, including written findings required to justify the building moratorium, please visit the Town of Parker’s website at https://www.townofparkeraz.com/article/2126094
Contact
Nora Yackley, Town Manager