The Arizona State Land Department is standing behind a right-of-way it issued for a planned tailings pipeline for the Copper World project in the Santa Rita Mountains, despite an unfavorable court ruling on the state-approved value of the right-of-way.
Land Department Legislative Policy Administrator Lynn Cordova answered “yes” late Thursday via text message to a question from the Arizona Daily Star as to whether the department believes the right-of-way remains valid. She didn’t respond to a follow-up request for an explanation of that stance.
The right-of-way would allow Hudbay Minerals Inc. to build the tailings pipeline and related projects. Its validity had been called into question by mine opponents following release of a Superior Court ruling this week that found the Land Department’s Board of Appeals had violated the Open Meetings Law by approving the valuation. The violation stemmed from the board’s approval in December 2022 without disclosing that one of the projects covered by the valuation was a tailings pipeline, Maricopa County Judge Scott Blaney ruled. He concluded the board’s approval of the value, which was based on an appraisal, is now “null and void.”
But Cordova’s statement means the right-of-way stays in place.
The Land Department approved issuing the right-of-way on Jan. 30, 2023. The opposition group Save the Scenic Santa Ritas argued, following the court ruling’s release this week, that without a valid appraisal and valuation of the right-of-way, it was no longer valid.
Hudbay countered that the judge noted in his ruling that based on the state code governing rights-of-way, the land commissioner has discretion to seek the board’s expertise in approving the valuation of the right-of-way — meaning that the board’s approval wasn’t necessary.
The Santa Rita Mountains site of the planned Copper World project by Hudbay Minerals Inc.
In other comments to the Star, Cordova said:
— “In general, yes,” when asked if she agreed with the statement that the Land Department rules and procedures require the Board of Appeals to approve a valuation for a right-of-way on state land before the department can approve it.
— When asked if she agreed with Hudbay’s statement that the appeals board’s approval of the right-of-way value isn’t required for the department to issue a right-of-way, she noted that while the mining company had argued that position in court, “the Board of Appeals did not support that position. The Court did not rule on that issue or state anything regarding the impact of its ruling on the validity of any other actions.”
— Cordova also said the appeals board approves an appraisal based strictly on the land’s value, which doesn’t depend on its proposed use. The Land Department takes into account the proposed uses when it sets the rent it charges for the right-of-way.
“Hudbay has paid rent based on that appraised value and those uses as part of the issuance of the right-of-way. If the Board determined that the appraised value of the land is greater, then Hudbay would need to pay the difference,” she said.
That was an apparent reference to the fact that the appeals board now has 30 days from the judge’s Sept. 9 ruling to “ratify” its original right-of-way value by reapproving it after providing proper notification in line with Open Meetings Law requirements.
This week, the board posted a notice it will hold a special meeting on Thursday, Sept. 26, and that it may go into executive session that would be closed to the public. The notice doesn’t say what will be discussed at the meeting.
The board said people can obtain the meeting agenda by calling 602-542-2676 no sooner than three days before the meeting, or Monday.
Save the Scenic Santa Ritas declined to comment directly on Cordova’s statement that the right-of-way remains valid.
But in a written statement, it said that because of the court ruling, “therefore, at this time, there is no appraisal supporting the right of way. Statute requires the commissioner to appraise any right of way. If the board doesn’t act within 30 days to approve an appraisal, there is by default no appraisal for the right of way … then the right of way was issued in violation of state law that requires an appraisal.”
Hudbay said through company spokeswoman Jan Howard that it has no comment on Cordova’s statement.
