ORO VALLEY, Ariz. (KGUN) — A plan to restore water to a dry pond at the Vistoso Trails Nature Preserve is facing pushback from a conservation group, raising concerns about environmental safety and the risk of legal action.
The Town of Oro Valley is looking to restore the pond — once part of the former Vistoso Golf Course — using reclaimed water. But Archaeology Southwest says that approach could violate protections tied to the land.
In a formal 60-day notice to the town, the group argues the use of reclaimed wastewater could conflict with a conservation easement — a legally binding agreement designed to preserve the natural, cultural and recreational value of the property.
“That agreement specifically prohibits the use of hazardous substances,” said John R. Welch, Archaeology Southwest’s Vice President for Preservation and Collaboration and administrator of more than 20 preserves the organization oversees. “The idea of having a PFAS-laden pond is inconsistent with that.”
Archaeology Southwest, a nonprofit that works with communities to protect culturally and environmentally significant places, holds the conservation easement for the 202-acre preserve. The organization focuses on preserving not just land, but the history and meaning tied to it, through what it calls “preservation archaeology.”
At the center of the dispute are PFAS — short for per- and polyfluoroalkyl substances — a group of man-made chemicals that have been widely used for decades in everyday and industrial products.
These chemicals are known for their durability. They don’t easily break down in the environment and can build up over time in soil, water and even the human body. Because of that, they’ve been tied to a growing list of health concerns, including certain cancers, developmental issues and impacts on the immune system.
Welch said those risks could be amplified in a desert setting.
“We’re real worried that those chemicals in the desert environment will become more concentrated through time,” he said. “And create what amounts to a cesspool of hazardous waste.”
In a letter to town leaders and their residents, the group warned the preserve is “no place for a hazardous materials waste dump,” pointing to concerns that contaminants could accumulate in the pond and surrounding sediments.
Welch added there’s already a possibility contamination exists from when the pond was previously used for irrigation.
“There’s already a very high probability that the sediments at the bottom of that pond contain PFAS chemicals,” he said.
The group says the issue goes beyond environmental concerns, pointing to potential long-term costs and liability for the town if cleanup or remediation becomes necessary.
The Town of Oro Valley declined an interview request, citing the ongoing 60-day notice. That notice gives town leaders time to respond or make changes before the dispute could move toward mediation or possible legal action.
The pond project has been debated for years. Town leaders previously considered turning the area into a desert garden before shifting back to a plan that would restore the pond.
Archaeology Southwest says it is not opposed to the pond itself, but wants the town to reconsider how it is filled.
“They could use well water. They could use municipal water,” Welch said. “There’s also a good opportunity for the town to rethink this matter and come up with something more modest in size and scope.”
For now, the future of the pond, and what will ultimately fill it, remains uncertain as the 60-day window continues.
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Kenny Darr is a reporter for KGUN 9. He joined the team in January 2023. Before arriving in Arizona he was an Anchor and Reporter at KADN in Lafayette, LA. Share your story ideas with Kenny by emailing kenny.darr@kgun9.com or by connecting on Facebook, Instagram or Twitter.
