U.S. District Court rejects Tombstone's water supply request

CBS5AZ ^ | May 15,2012 | By Breann Bierman

[AZHSer]

TOMBSTONE, AZ (CBS5) - Officials in Tombstone, AZ, are appealing a U.S. District Court's ruling which denies the city use of mechanical equipment to restore its water system.

City officials said the the 130-year-old water system was destroyed by massive flooding from torrential rains and the destruction of surrounding forests in the Monument Fire.

The court ruled Monday that the city did not exhaust efforts to obtain federal permits to use equipment. But city officials claim they've spent the past nine months trying to secure the U.S. Forest Service's cooperation.

The Goldwater Institute, which is representing the City of Tombstone, has filed an emergency appeal of the decision.

The Goldwater Institute said it's asking the court to recognize that state and local governments have sovereignty under the Tenth Amendment to "freely respond to natural disasters without being forced to cut through federal red tape, and also to enforce property rights enjoyed by both citizens and local governments on federal lands."

Stay with cbs5az.com and CBS 5 News for more on this developing story.

Copyright 2012 CBS 5 (Meredith Corporation). All rights reserved.

[vette6387]

So why isn’t the nut ball judge identified by name? The guy needs some heat!

[bert]

Hang the judge...... problem resolved

[Idaho_Cowboy]

I'm thinking this is retribution against Arizona on the federal level due to Sheriff Joe. Chicago style politics at its best.

Reminds me of when Obama got potatoes pulled out of school lunches. I'm convinced it was a direct attack on Idaho.

[SandRat]

FEDs trying to kill the town to tough to die. They best be careful, they end up like the Daltons at the OK Corral.

[Verginius Rufus]

This is why we have the Constitution. This is why James Madison insisted that Article I, Section 8, included among the powers of Congress

"To regulate the use of equipment by local governments"

[Constitutionalist Conservative]

When did States just hand-away their sovereignty to the Feds?

The 17th Amendment is an egregious milestone in the transfer of power, particularly because the States gave up their Senate representation willingly.

[JimRed]

The city says it doesn’t need anybody’s permission to work on its own property.

So, why did they even apply for a stinkin' permit? Kind'a like shoot, shovel and shut up, why didn't they just go ahead and make the repairs?