COTTONWOOD - There was something of a "dust-up" this past week as residents of the Cottonwood Ranch challenged the City of Cottonwood over its policies to regulate backflow devices. The devices were reportedly installed in homes during construction of the Cottonwood Ranch water systems to prevent contaminants from draining into the drinking water from lawn fertilizer injectors and pop-up spray irrigation systems.
Neighbors became upset when they received a form letter from the Cottonwood City Water Department advising of a state law that requires that such backflow devices be tested annually.
Further, residents were advised that if they did not show that their system had been tested and the maintenance record turned into the city by Nov. 6, then their water service would be discontinued.
The letters angered residents, many whom did not even realize they had a backflow device in their water system. Others brought in plumbers and gardeners to have the devices pulled out of their systems or glued shut.
Rodney Smith, who formerly worked for Phelps Dodge in Ajo, Ariz., which operated the town water system, told the council Tuesday he was responsible for backflow devices there.
Smith said the city is overlooking one clause in the state law that excludes single-family homes from the inspection requirement, if no "cross-connection problem is specifically identified."
After a flurry of letters back and forth between homeowners and the city, Bob Oliphant, a former law professor, urged the city to work out a joint consent agreement in Superior Court Friday to stay any department action for 90 days.
By Friday afternoon, the city hand-delivered letters to the affected home owners, advising that there was no risk that their water would be turned off as long as they continued to work with the city department. City Attorney Steve Horton advised: "With that assurance in place, hopefully we can work together to identify and resolve those issues on which there may still be a good faith difference of opinion, i.e., the proper interpretation of AAC R18-4-215, including whether the presence of a fertilizer injector mechanism and/or a pressurized (i.e., "pop-up") irrigation system triggers the mandatory ADEQ requirement to have a back-flow prevention device installed and annually inspected at any residence that has one or both of those apparatuses in place, under AAC R18-4-215(B)(1) (and notwithstanding subsection (C)); and whether some action short of removing a fertilizer injector altogether - such as gluing it shut - constitutes grounds for relief from that subsection, if it otherwise applies."
