Do You Want to Guess the Problem Sunny Hostin Has With Caitlin Clark?
Ken Burns Has an Anti-Trump Meltdown During College Commencement Address
Dennis Quaid Explains What Pushed Him Into Supporting Donald Trump
Anti-Trump Account Should Have Never Posted This Tweet About De Niro and Famous...
China and Its Unholy Alliance Won't Stop at Taiwan
Here's What a Chinese Invasion of Taiwan Would Mean for the Rest of...
'Whatever They Can Get Him for Is Fine With Me'
In New Ad, Hogan Says Republicans Can't Count on His Vote
The One Word a Majority of Consumers Used to Describe Fast Food Says...
The Campaign of Delusion
Here's What KJP Had to Say When Confronted About 'Full-Blown Freakout Mode' Reports
The Consumer Financial Protection Bureau May Be Legal, but It’s Past Its Prime
Normandy - America’s Iliad
The Swiss Policy to Reduce Inflation: Eliminate Tariffs
Winning the Messaging Battle, Part II
Tipsheet

Why Are the Feds Trying to Kill Tombstone?

In Arizona, it's no surprise that water can be hard to come by, but why is the federal government is cutting off the water supply to the famous Old West town of Tombstone?  

Advertisement

Nearly a year ago, Tombstone's water supply lines were heavily damaged in a flood after a heavy rain due to a massive wildfire leaving loose soil in the area. (Read this article to find out why we can thank the Forest Service for catastrophic wildfires)

Since the damage, Tombstone residents have been fighting to repair the water lines, but because they run through a wilderness area, the feds are saying the only option they have is to literally dig up miles and miles of water lines by hand. Why? Machine use in wilderness areas is prohibited by federal law.

More from the Goldwater Institute:

Monday, U.S. District Court Judge Frank Zapata denied Tombstone, Arizona’s emergency request to restore its Huachuca Mountain municipal water supply. Over nine months ago, the historic town’s 130-year-old water system was destroyed by massive flooding resulting from torrential rains and the destruction of surrounding forests in the Monument Fire.


Despite the burial of water reservoirs and water lines under boulders the size of Volkswagens and as much as 12 feet of mud, the Court denied Tombstone’s request to allow it to use mechanized and motorized equipment to restore its water system. In denying the request, the Court ruled that the town did not exhaust efforts to obtain federal permits to use the equipment despite nine months of continuous efforts by the town to secure the U.S. Forest Service’s cooperation. The Court was not moved by a state of emergency declared specifically for Tombstone by Arizona Governor Jan Brewer.
 
The Goldwater Institute has already filed an emergency appeal of the decision.
 
“Requiring Tombstone to seek federal permits to repair its municipal water supply is like demanding a federal permit before the City can make repairs to a fire truck,” said Nick Dranias, Goldwater Institute director of constitutional studies and lead attorney in the case. “Under the Tenth Amendment, the federal government has no power during a state of emergency to stop a local government from repairing its own municipal property, which is essential to providing safe drinking water and adequate fire protection.”
 
The Goldwater Institute is representing the City of Tombstone in this clash with the federal government. Tombstone has property rights to 25 mountain spring heads and all of the water rising and flowing in two canyons in the Huachuca Mountains. Bundled with those rights are access roads and pipeline rights of way. Until last year, the U.S. Forest Service recognized and respected those rights, which date back to the days of Wyatt Earp. Today, the federal government denies they exist and refuses to allow Tombstone to restore more than three of its spring water catchments.

Advertisement

 


Join the conversation as a VIP Member

Recommended

Trending on Townhall Videos

Advertisement
Advertisement
Advertisement