Ak-Chin Indian Community Cleared of Blame in Sonoran Desert Parkway Dispute, Council Affirms

To the editor,

The Ak-Chin Indian Community has responded to recent articles by InMaricopa regarding the Sonoran Desert Parkway Project, claiming they are misleading and inaccurate. The articles in question, published in November 2023, suggested that Ak-Chin retracted its support for the project and accused it of staging a mass arrest. This portrayal, according to Ak-Chin, is entirely false.

Ak-Chin has consistently followed applicable laws and worked to assist Maricopa with permitting issues that arose due to errors by others. The delays attributed to Ak-Chin stemmed from compliance with federal cease-and-desist orders, not from any actions taken by the community. Key legal complexities have defined the progression of the project along State Route 347, crossing Ak-Chin lands.

Maricopa mistakenly believed it had secured a valid right-of-way assignment from the Arizona Department of Transportation (ADOT), which, unbeknownst to them, had not been federally approved. As a result, any work on the right-of-way was halted until federal compliance could be assured.

The Bureau of Indian Affairs subsequently issued cease-and-desist directives to both ADOT and Maricopa, clarifying that Pinal County still held the original right-of-way granted by Ak-Chin. This situation prevented Maricopa contractors from accessing the land until proper procedures were followed.

As the issue unfolded, Maricopa sought an encroachment permit from Pinal County to proceed with work. However, documents originating from Pinal County stipulate that all construction on Ak-Chin lands must adhere to community regulations. Without a valid right-of-entry permit, which Maricopa never applied for, further construction could not proceed legally.

Despite implications that Ak-Chin had acted unreasonably, their actions were grounded in law and aimed at ensuring compliance. On September 7, 2023, when contractor activity commenced without the necessary permits, Ak-Chin requested law enforcement assistance not to enact arrests but to address the situation peacefully. The crews left without incident.

Legal records indicate ongoing support from Ak-Chin for the Sonoran Desert Parkway Project. Assertions from InMaricopa that the community tried to “sabotage” the project misrepresent years of cooperative efforts and assistance. Ak-Chin’s commitments have remained steadfast, always emphasizing the need for compliance with relevant laws.

After receiving an encroachment permit, Maricopa was required to obtain a right-of-entry permit from Ak-Chin. Although initially unable to comply with all requests for contractor information, Ak-Chin demonstrated flexibility. When Maricopa applied for the necessary permit in September 2023, Ak-Chin approved a conditional permit to allow work to proceed while awaiting further details.

In summary, Ak-Chin has unwaveringly supported the Sonoran Desert Parkway Project while insisting on legal compliance from all parties involved. Delays were strictly related to ensuring adherence to laws and regulations. Throughout this process, Ak-Chin has actively assisted Maricopa in navigating these challenges.

Sincerely,

Ak-Chin Indian Community Council Chairman Gabriel Lopez, Vice-Chair Delia Carlyle, Council Member Dennis Antone, Council Member Lisa Garcia, and Council Member Cecil Peters