Town poised to select bidder to restore Vistoso Trails Nature Preserve irrigation pondAfter years of planning, the Town of Oro Valley appears close to moving forward with restoring the irrigation pond at the Vistoso Trails Nature Preserve. The Town received bids last Friday. Hopefully, the bids are reasonable and fall within the approximately $2 million budget set aside for the pond restoration and related amenities. If so, the remaining steps are to select a bidder, finalize a contract, and begin construction.
It has been a long path to reach this point
In November 2024, the Town Council approved a design for the pond area that focused on desert restoration without a pond. That decision was reconsidered later that month, and in December 2024 Council directed staff to study a pond option and return with cost and design information. By April 2025, Council reviewed that information and moved forward with a pond concept, with additional design work continuing through 2025 and into 2026. Last fall, staff was remanded to get this project moving. In January, we selected the pond decision as one of the top five stories that shaped Oro Valley in 2025.
Having a pond on the site is a right. The town negotiated this right, a right to restore the pond, as part of the conservation easement that established the Vistoso Trails Nature Preserve. The permitted uses section of that agreement states that the “former irrigation pond…may be restored in whole or in part.” This language directly contemplates the pond and allows for its return as part of the Preserve.
Easement holder objects to project because pond will use reclaimed water
Archaeology Southwest (ASW), which holds and administers the conservation easement, has objected to the project because it will use reclaimed water. They argue that reclaimed water contains hazardous substances and that its use in the pond would violate the easement, citing the easement provision that prohibits the “storage, dumping or disposal of hazardous or toxic materials.” Earlier this month, ASW issued a formal 60-day notice to the Town. Since then it has used press releases, public channels, including the Explorer and KGUN 9, to present its position.
Their argument ignores the town's right to restore the pond
ASW’s position does not mention the easement language that entitles the town to restore the irrigation pond. The proposed design is a circulating, managed water feature rather than a stagnant basin. Like the original pond, the restored pond will use reclaimed water. And, like the original pond, that water will come from Tucson Water. Their reclaimed water is regulated as to quality and toxicity. It is widely used in the region for irrigation. That water meets state standards. We have not identified any local instance where such permitted uses have resulted in the type of conditions described by ASW.
Will the Town move forward?
The Town is under no obligation to accept ASW’s interpretation of the easement agreement or its characterization of the reclaimed water provided by Tucson Water. The easement does, however, establish a process for resolving disputes. ASW has issued a 60-day notice, during which the Town has an opportunity to respond and either party may request mediation. If the matter is not resolved, ASW has the option of pursuing legal action.
It is clear to us that the conservation easement agreement unequivocally supports the Town’s permitted use right to restore the pond. Therefore, the Town is not obligated to respond to the 60-day notice nor enter into mediation. In essence, the Town should engage the contractor to restore the former irrigation pond.
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