PIPE SPRING Cultures at a Crossroads: An Administrative History

Water Developments in Moccasin

In 1987, one year after the Water Resources Division completed its initial water study in the Pipe Spring area and as monitoring of area springs continued, monument staff learned that the village of Moccasin was taking action to further develop its own water resources. The earliest news of this activity came in September when former Superintendent Bernard Tracy, resident of Moccasin, reported to Doug Dewitz that the Moccasin Water Board (of which Tracy was a member) was considering building a water tank, to be filled by a new well that was soon to be drilled. Funding was being sought by the board to develop this municipal water system. Dewitz learned from the Arizona State Water Resources Department that rancher Owen Johnson had filed for a well in Section 31 or 32 in August of that year. [2308] It was thought at the time the new well was owned by David Johnson. Of course, any water developments in Moccasin threatened the Tribe's historic one-third ownership of Moccasin Spring (which tribal members still referred to by the old name of "Sand Spring"), as it was believed at that time that drilling into the local aquifer could reduce the spring flow. [2309] Dewitz learned that September that the Tribe was considering protesting further development of Moccasin Spring. [2310]

Monument staff feared such development might also impact Pipe Spring. Dewitz urged the Water Resources Division to send someone to the area to better ascertain and appraise the Moccasin situation. [2311] Moccasin Spring was still being monitored by the WRD. Hydrologist Rick Inglis revisited the area in mid-October 1987. Inglis installed monitoring equipment at the main spring and tunnel spring and replaced equipment at the culinary well field (the Park Service's well north of Pipe Spring). While in the area, Inglis noticed a new, private well being pumped near the southern edge of Moccasin, about three miles northwest of the monument (the well believed to have been David Johnson's). He also learned that residents were contemplating further development of wells to provide water for a municipal water system. [2312] While it was unknown if such activity in Moccasin would impact the flow of water at Pipe Spring, consideration was given at the WRD to lodging a formal protest on the grounds that further development of Moccasin Spring might be detrimental to the monument's water source. In response to the concern by monument staff that such action jeopardize good relations between the Park Service and Moccasin residents, WRD staff assured Dewitz that no protest action would be taken without Superintendent Herr's prior knowledge and consent.

But the new well in Moccasin wasn't the only water problem that surfaced that fall. In late October 1987, Dewitz learned that one of the cattlemen legitimately using Pipe Spring water (via tunnel spring) sought permission to double the length of the existing pipeline. (The source for this information, a Soil Conservation Service official in Fredonia, did not identify the person who sought permission.) Dewitz was also told that rancher McKay Heaton had applied for federal aid to construct the extension. The existing line was 18,000 feet. Probably as directed by Herr, Dewitz sent a memorandum on the matter to Zion officials and to the Water Resources Division in Ft. Collins, stating,

At this time we feel we must address the following:
— Our definitive water rights
— Our water requirements for the monument for the next 20-50 years
— Any further development of demand on the Pipe Spring water source
— Any grants of federal aid to any one desiring to appropriate water, especially from Pipe Spring

Our question in this matter is: if we allow the cattlemen to expend time and money to further the development of Pipe Spring water to be used for stock watering purposes and then shortly thereafter curtail the amount they are currently utilizing [as] per the 1/3 water agreement, will we be liable for any professed loss of earning potential by the cattlemen? [2313]

By December 1987, staff of the Water Resources Division were busy trying to track down data that would shed some light on the situation, mostly communicating with the Arizona Department of Water Resources. It was apparent to division staff that the specific water rights of the three parties using water from Pipe Spring (the NPS, the Tribe, and cattlemen) needed to be determined in order to ensure that further depletion of the springs would not result from upstream ground water diversions.