HUGH A. HOLUB
Attorney
at Law
7
_Placita de Anza
P.O.
Box 4773
Tubac,
Arizona 85646
(520)
841-2278
EDUCATION:
J.D. University of Arizona, 1972
B.A.
University of Arizona, 1968
ADMITTED TO PRACTICE:
State
of Arizona, 1973
U.S.
District Court, Arizona District, 1975
U.S.
Court of Appeals, 9th Circuit, 1979
U.S.
Supreme Court, 1980
LEGAL EMPLOYMENT:
In private practice
since 1978. Practice is concentrated in the area of municipal law, public
utility law, water law and master planned community development.
1973 served as Deputy County
Attorney, Pima County Attorney's Office.
1974 to 1978 served as Assistant
City Attorney for City of Tucson assigned to water utility matters. August 1997 to March 2000 served as City
Attorney of Nogales.
MANAGEMENT EXPERIENCE:
July 2006 to December
31, 2006 Utility Projects Manager, City of Nogales
January 2006 to July 2006 Acting Utility Director,
City of Nogales, present
February 2005 to December 31
2005 Director Office of Special Project City of Nogales
February 2004 to February 2005
Acting Public Works Director City of Nogales
City Attorney-Nogales 1997-2000
Commissioner, Arizona Power
Authority 1980-1984
SUMMARY OF LAW PRACTICE EXPERIENCE:
-- Extensive experience
in real estate development, public utility, water law and environmental law.
-- Functioned in
leadership role in highly complex matters involving corporate and governmental
clients.
-- Practice has
been concentrated in regulatory activities involving U.S. Environmental
Protection Agency, International Boundary and Water Commission, Arizona
Corporation Commission, Arizona Department of Environmental Quality, Arizona
Department of Water Resources, municipal government, county government.
-- Significant
experience in transactional matters involving business and real estate
development matters.
-- Served as
lobbyist for municipal and county interests in state legislature.
Real Estate
Development:
--Currently representing Las
Mesas master planned community project, located Iin Santa
Cruz County, Arizona
-- Represented
Horizon Corporation (owned by Maxxam, a Fortune 500 company) in approval of
Specific Plan for 1,500 acre master planned community development near Vail, Arizona
(5,500 homes).
-- Represented SV
Land in all aspects of 400 acre master planned community development near
Sierra Vista, Arizona.
-- Represented
Westinghouse Community Development relating to landowner and utility agreements
for Tortolita Mountain Ranch project, Marana, Arizona.
--Represented The
Estes Company in the development of La Reserve, Midvale Farms, Ventana, and
Vail Valley Ranch.
--Represented
Sharpe & Associates in the development of Rancho Sahuarita.
--Represented
Vistoso Partners in the development of Rancho Vistoso.
--Represented
Canada Hills Partnership in the development of Canada Hills.
-- Prepared
covenants, conditions and restrictions, articles of association and by-laws for
homeowners associations; development agreements; utility agreements; Department
of Real Estate Property Reports; obtained 404 permits; prepared bulk sales
agreements; land purchase agreements; prepared development agreement ordinance
for Town of Marana; prepared "fair share" agreement ordinance for
Town of Marana.
-- Obtained
legislative approval of county development agreement authority on behalf of
Pima County.
Public Utility
Law:
-- Represented City of Tucson as
Intervenor in two electric utility and one telephone company rate case before
Arizona Corporation Commission.
-- Represented 30
private water companies in all matters before Arizona Corporation Commission,
including rates, financing, Certificates of Convenience and Necessity matters.
-- Represented Town
of Marana in formation of its municipal water utility and purchase of private
water company.
-- Represented City
of Nogales in revisions to water and sewer utility codes, rates.
-- Represented Arizona
Water Company in litigation involving service area rights.
--Represent MSR
Public Power Agency in litigation against TEP over breach of wholesale energy
purchase contract.
Water Law:
-- Represented
numerous private water companies in water rights matters, assured water supply
determinations, and compliance matters with the Arizona Department of Water
Resources.
-- Represented
Arizona Water Company, Del Lago Water Company, Canada Hills Water Company, City
of Nogales relating to Central Arizona Project contract matters.
-- Represented City
of Nogales in assured water supply determination, Gila Adjudication, and Central Arizona Project contract sale.
-- Obtained
amendments to state water code allowing for instream recharge of effluent on behalf
of City of Nogales.
--Obtained
legislation creating Santa Cruz Active Management Area.
-- Represented
municipal and private water company interests in legislative approval of
creation of Santa Cruz Valley Water District.
-- Represented
agricultural interests in Pima and Pinal counties regarding water rights,
Central Arizona Project contracts.
-- Represented land
development interests in obtaining water rights, assured water supply
determinations.
Environmental
Law:
-- Represented
United Musical Instruments (formerly C.G. Conn) in RCRA closure and
post-closure matter with USEPA, consent decree.
-- Represented City
of Nogales in negotiations on new NPDES permit for Nogales International
Wastewater Treatment Plant.
-- Represented City
of Nogales and Pima County Wastewater Management Department in ADEQ water
quality standards development process.
-- Represented City
of Nogales in NAFTA-related environmental matters involving USEPA and
International Boundary and Water Commission.
-- Represented City
of Nogales in development and approval of PM-10 air quality plan.
Intergovernmental
Relations:
-- Served as
lobbyist for Pima County in 1990 and 1991 state legislative sessions.
-- Served as
lobbyist for City of Nogales in 1992 to 1999 state legislative sessions.
-- Served as
lobbyist for Committee for Revision of Fire District Legislation to amend state
laws regarding annexation and de-annexation from fire districts.
-- Served as
lobbyist for Tucson Consumers Council in obtaining legislative authorization
for Residential Utility Consumer Office.
-- Negotiated and
prepared intergovernmental agreement between City of Tucson and Pima County for
joint management of water and sewer utilities.
-- Negotiated and
prepared intergovernmental agreements between City of Nogales and Santa Cruz
County.
-- Negotiated and
prepared intergovernmental agreement between City of Nogales and International
Boundary and Water Commission for operation of Nogales International Wastewater
Treatment Plant.
Litigation:
United States v. City of Tucson
(Papago Indian Claim). Represented Avra Valley water interests in settlement
negotiations that led to the Southern Arizona Water Rights Settlement Act.
Ronwin v. Shapiro. 657 F.2d 1071
(1981) Retained by State of Arizona Risk Management to defend the Arizona Board
of Regents and student editors of the Arizona Law Review (Shapiro) in a
libel action brought by Mr. Ronwin in federal district court. Won case on
motion to dismiss for lack of jurisdiction under 11th amendment state immunity,
upheld on appeal to 9th Circuit.
Picture Rocks F.D. v. Pima County.
(App. 1986) 152 Ariz. 442, 733 P.2d 639. Represented property owners as
interveners relating to suit challenging constitutionality of state legislation
that allowed property owners to withdraw from fire districts. Withdrawal
statutes upheld by Superior Court, and Court of Appeals. State Supreme Court
denied cert.
Arizona Water Company v. Arizona
Corporation Commission. (App. 1989) 161 Ariz. 389, 778 P.2d 1285.
Determination of service area rights of Arizona Water Company as regards
private well owners.
M.S.R. Public Power Agency v. Tucson
Electric Power. (Federal District Court-Az, 1990) Case involved breach of
contract claim against TEP by California public power agency. Judgment entered
in favor of M.S.R. for $4.8 million in May 1990. I served as local counsel with
Washington D.C. firm of Duncan, Weinberg, Miller & Pembroke representing
M.S.R.
Ammer v. Arizona Water Company.
(App. 1991) 169 Ariz. 205, 818 p.2d 190. Case involved a dispute over a
prescriptive easement claim on an Arizona Water Company well site.
Municipal Law;
Local Government Law:
Served as assistant city
attorney, City of Tucson, 1974-78.
City
Attorney, Nogales, 1997-2000
Represented
towns of Oro Valley, Marana on utility matters, Prescott on water rights
matters, Cochise County on improvement district issue, Pima County for
wastewater issues, represented numerous clients in matters withg municipal
governments throughout the state.
STATE OF ARIZONA APPOINTMENTS:
1980-1984 Commissioner on Arizona
Power Authority, appointed by Governor Bruce Babbitt.
1989
to 1994 Member Tucson Active Management Area Groundwater Users Advisory
Council, appointed by Governor Rose Mofford
PIMA COUNTY APPOINTMENT:
Pima County Flood Control District
Advisory Committee. 1990-1996. Appointed by Supervisor Dan Eckstrom.
PROFESSIONAL AND COMMUNITY ACTIVITIES:
Member: State Bar of Arizona.
Santa
Cruz County Bar Association
Arizona
Mexico Commission
BIOGRAPHICAL: Age: 62; Married: wife’s name Nancy Valentine
Holub; two adult children.
PUBLICATIONS:
"Legal
Problems of Urban Runoff", paper presented to Annual Meeting of Arizona
Academy of Sciences 1972.
The Central Arizona Project, A Report to
the Metropolitan Utilities Management Agency, co-author John McGill,
City of Tucson, 1974.
"Groundwater Law Reform, An
Urban Perspective", paper presented to Annual Meeting of Arizona Academy
of Sciences 1976.
"Groundwater Rights in
Arizona" Arizona Bar Journal, December/January 1986.
"Small Water Company Regulation
in Arizona", paper presented to 5th Biennial Regulatory Information
Conference sponsored by National Regulatory Research Institute, Columbus, Ohio,
September, 1986.
"Small Water Company
Regulation", paper presented to 98th Annual Conference National
Association of Regulatory Utility Commissioners, Phoenix, November, 1986.
"Regulatory Dilemmas Ensnare
Arizona's Small Water Companies", Journal of American Water Works
Association, May, 1987.
"The Santa Cruz River Physical
Setting", paper prepared for Pima County Flood Control District and cited
by the Arizona Department of Environmental Quality in proceedings involving
determinations of the flow characteristics of the Santa Cruz River. 1987.
"Water Conservation and
Wealth--A Tale of Two Cities", Waterline, Newsletter of Salt River
Project, Summer 1987. Included in book entitled Waterline published by SRP
in 1990.
"A Report On Legal and
Institutional Issues Associated With Effluent Discharge And Reuse", report
prepared for the Pima County Board of Supervisors. 1989.
"The Lost Dutchman Gold Mine,
Safe Yield, and Other Mysteries", paper presented to 1990 Fall Symposium
of the American Water Resources Association--Arizona Section.
"New Challenges For Water
Management", paper presented to 1990 Annual Conference of the Arizona
Hydrological Society.