NEW GROUNDWATER MONITORING WELL LEASE.PDF

County Lease No. L-7476
C-75-18-xxx-1-00
LEASE AGREEMENT
County Lease No. L-7476
City of Phoenix Lease No.
This Lease Agreement (the "Agreement") is between City of Phoenix, a municipal corporation
(the "Lessor") and Maricopa County, a political subdivision of the State of Arizona (the
"Lessee"). Lessor and Lessee shall collectively be referred to herein as the "Parties", or
individually as a "Party".
RECITALS
WHEREAS, Lessor owns certain real property identified as Maricopa County Assessor
Parcel Number (APN) 211-27-190 which is located within the Sonoran Preserve (the
"Property"); and
WHEREAS, Lessee, in accordance with a Consent Order docket # S-2-10, filed on
January 19, 2010 between Lessee and the Arizona Department of Environmental Quality
(ADEQ), Arizona law, and the requirements of the Resource Conservation and Recovery Act
(RCRA), desires to install a groundwater monitoring well and all associated appurtenances
("Monitoring Well") on Lessor's property as part of implementing a Remedial Action Plan
(RAP) for the Cave Creek Landfill site; and
WHEREAS, Lessee and Lessor have agreed that the Monitoring Well shall be installed
in the area depicted on Exhibit A.1 (the "Premises"), which is attached hereto and made a part
hereof.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the PARTIES hereto agree as follows:
Section 1. PREMISES.
1.1 Leased Premises. Lessor hereby leases to the Lessee the Premises, which contain
approximately 4,000 square feet (sf), together with the non-exclusive right to access the Premises
via existing trails.
1.2 Temporary Construction Area. Lessor also hereby grants the Lessee the right to
exclusive use of the three (3) temporary construction areas, which contain approximately 10,750
sf combined (the "Temporary Construction Areas") as depicted on Exhibit A.2, together with the
non-exclusive right to access the Temporary Construction Areas via existing trails during
installation of the Monitoring Well.
1.3 Permitted Use. Lessor hereby grants Lessee exclusive use of the Temporary
Construction Areas for the purpose of the installation of the Monitoring Well and all associated

activities, including but not limited to, salvage and replanting of native vegetation, temporary
storage of drilling support equipment and well installation materials. Lessor also hereby grants
Lessee the non-exclusive right to access (via existing trails) and use the Premises for the purpose
of sampling and maintaining the Monitoring Well, Use of the Temporary Constructions Areas
and the Premises are hereinafter referred to collectively as the Permitted Use (the "Permitted
Use").
Section 2. TERM.
2.1 Term. This Agreement is entered into as of the date last executed below (the "Effective
Date"). The initial term (the "Term") of this Agreement will be for a period of approximately
(25) twenty-five years and it shall expire May 31, 2043 unless terminated earlier as provided for
herein.
2.2 Options to Renew. Lessee has the option to extend the Term of this Agreement for two
(2) additional five (5) year terms, as deemed necessary by ADEQ and/or Lessee, (each a
"Renewal Term"). Lessee shall provide Lessor notice of its intent to renew no later than ninety
(90) days before the end of the initial Term or Renewal Term, as the case may be.
2.3 Early Termination. Lessee may elect to abandon the Monitoring Well and terminate this
Agreement by giving Lessor thirty (30) days advance written notice in accordance with Section 9
below. Lessor may not terminate this Agreement early.
Section 3. CONSIDERATION.
3.1 Rent. As consideration for the use of Lessor's property, Lessee agrees to pay as rent, in
equal annual installments, plus rental tax, the sums as follow:
Lease Term Annual Rate
Years 1-25 $2,400.00 $ plus rental tax
Within thirty (30) days of presentation of an invoice, Lessee shall pay Rent to Lessor at
the address set forth in Section (9.1) of this Agreement, or to another person or at another
address as Lessor may from time to time designate in writing.
Section 4. INSURANCE.
4.1 Self-Insured. Lessee represents and Lessor acknowledges that Lessee is self-insured.
Lessee shall provide Lessor a Certificate of Insurance upon full execution of this Agreement.
Section 5. OTHER CONDITIONS
5.1 Installation/Maintenance. The Monitoring Well shall be installed, monitored and
maintained by Lessee at Lessee's sole expense. Lessee's installation and maintenance shall be
done to minimize interference with the Lessor's and public's access to the Premises. Lessee shall
maintain serviceable access to the Premises via existing trails. The wellhead casing, slab,
annular seal and cover shall be flush to the ground and capable of sustaining vehicular
Page 2 of 17

maintenance traffic, Lessee shall follow all applicable city, state and federal guidelines
associated with operating a monitoring site, including obtaining permits and paying fees
associated with such structure. Lessee shall provide Lessor, upon Lessor's written request, a
Certificate of Construction at completion of installation.
5.2 Storage. After construction of the Monitoring Well is completed, no on site storage of
any kind will be allowed on the Property.
5.3 Activity Performance Requirements. All activities conducted by Lessee under this
Agreement shall be conducted in accordance with the following additional conditions:
5.3.1 Chapter XXVI. City of Phoenix Mountain Preserves Rules and Regulations of the
Preserves, attached hereto and made a part hereof as Exhibit B.
5.3.2 Guidelines for Handling Sonoran Desert Tortoises Encountered on Development
Projects (AZ Game & Fish Dept. rvsd 9/22/14), attached hereto and made a part hereof as
Exhibit C.
5.3.3 Migratory Bird Treaty Act, United States Code Title 16, § 703 to 712,
5.4 Native Plants and Cultural Resources. Lessee shall conduct its construction and
operations in such a manner as is consistent with good environmental practices and to minimize
disturbance to the land.
5.4,1 Pursuant to A.R.S. § 41-841 AND 41-842, Lessee, Lessee's employees,
contractors, and invitees shall not excavate or collect any prehistoric or historic archaeological
specimens on the Premises or Temporary Construction Areas without a permit from the Director
of the Arizona State Museum and written approval of the Lessor pursuant to the terms of this
Agreement. Lessee shall immediately report any unpermitted excavation or collection of
archaeological specimens on the Premises or Temporary Construction Areas to the Arizona State
Museum and Lessor.
5.4.2 Pursuant to A.R.S. § 41-844, Lessee shall report to the Director of the Arizona
State Museum and Lessor any prehistoric or historic archaeological site, that is discovered on the
Premises or Temporary Construction Areas by Lessee, Lessee's employees, or Lessee's guests,
and shall, in consultation with the Director of the Arizona State Museum and Lessor,
immediately take all reasonable steps to secure the preservation of the discovery.
5.4.3 Lessee shall not move, use, destroy, cut or remove or permit to be moved, used
destroyed cut or removed any timber, cactus, native plants, standing trees or products of the land
except that which is necessary for the use of the Premises or Temporary Construction Areas, and
then only with the prior written approval of Lessor. For undeveloped land, the Lessee must
submit a plant survey prior to the removal of any native plant. If the removal or destruction of
plants protected under the Arizona Native Plant Law (A.R.S. § 3-901et seq., or any successor
statutes) is necessary to the use of the Premises or Temporary Construction Areas, Lessee shall
also obtain the prior written approval of the Arizona Department of Agriculture. In the event the
Lessee removes the native plants, the Lessee must pay a vegetation fee to the Lessor and this fee
is not a reimbursable improvement.
Page 3 of 17

5.4.4 Lessee is responsible for treatment of all regulated and restricted noxious weeds
listed by the Arizona Department of Agriculture.
Section 6. RESTORATION AND RETURN OF PREMISES.
6.1 Restoration. At the expiration or termination of the Agreement, Lessee shall, at its sole
cost and expense: (1) abandon the Monitoring Well in accordance with federal and state law and
accepted engineering practices; (2) remove above-ground portions of the well, casing, vault, etc.
(if any); and (3) restore the surface of the site to a clean and safe condition.
Section 7. ASSIGNMENT.
7.1 Assignment of Agreement. Lessee shall not assign this Agreement, or sublet the
Premises without the prior written consent of Lessor, which consent shall not unreasonably be
withheld. This Agreement shall be binding upon the Parties hereto and their respective heirs,
successors and assigns.
Section 8. ENTRY/INSPECTIONS.
8.1 Entry/Inspections. Lessor shall have the right, but not the obligation, to inspect the
Premises at reasonable times after reasonable notice to Lessee. Lessor shall also have the right of
entry without notice in the event of an emergency that may, in the Lessor's sole discretion
endanger the life or safety of the Property or Premises.
Section 9. NOTICE.
9.1 All notices herein required to be given to Lessor in writing shall be sent via certified
mail, and all remits shall be sent to Lessor at:
City of Phoenix
Real Estate Division
Attn: Real Estate Administrator
251 W Washington St.
8th floor
Phoenix, Arizona 85003
Notices to Lessee and invoices shall be sent via certified mail to:
Maricopa County
Attn: Risk Management Department
Attn: Environmental Division Manager
222 N Central Avenue
Phoenix, Arizona 85004
Page 4 of 17

With a copy to:
Maricopa County Real Estate Department
Attn: Director
2801 West Durango Street
Phoenix, AZ 85009
Section 10. ENVIRONMENTAL HAZARDS.
10.1 Environmental Hazards. Lessee agrees not to use or store, or permit to be used or
stored, on the Premises, hazardous or toxic substances or flammable materials except as
operationally required to run the rigs, generators and/or air compressors during well installation
and/or maintenance of the Monitoring Well. Lessee may not engage in the production, location,
transportation, storage, treatment, discharge, disposal, or release upon or under the Premises of
any substance regulated under any local, state, federal environmental law or regulation.
Section 11. INDEMNIFICATION.
11.1 Indemnification. Each Party (as "Indemnitor") agrees to indemnify, defend and hold
harmless the other Party (as "Indemnitee") from and against any and all claims, losses, liability,
costs or expenses (including reasonable attorneys' fees) (hereinafter collectively referred to as
"claims") arising out of the negligent performance of this Agreement, but only to the extent that
such claims which result in vicarious/derivative liability to the indemnitee are caused by the act,
omission, negligence, misconduct or other fault of the indemnitor, its officers, officials, agents,
employees or volunteers.
Section 12. TERMINATION.
12.1 Conflicts. This Agreement is subject to A.R.S. § 38-511 and may be canceled by Lessee
pursuant thereto without any penalty or liability to Lessee,
12.2 Abandonment. In the event Lessee shall have ceased to utilize the Premises for
purposes described herein, or in the event of any event giving evidence to Lessor that Lessee has
abandoned the use of the Premises, then and in such event, Lessor shall notify Lessee, in writing,
that Lessor considers that the Premises have been abandoned. In such event, Lessee shall
provide confirmation to Lessor that the Premises have been abandoned, and the Parties may
mutually agree to terminate this Agreement as provided for herein.
12.3 Non-Appropriation of Funds. This Agreement may be terminated by Lessee at the end
of any fiscal year due to non-appropriation of funds without any penalty or liability to Lessee,
Maricopa County and State of Arizona fiscal years end June 30, Federal fiscal year ends
September 30. Lessor and/or any of its employees, agents, officers, directors, members,
successors or assigns hereby waives any and all rights to bring any claim against Lessee or its
employees, agents, officers, directors, members, successors or assigns from or relating in any
way to Lessee's termination of this Agreement pursuant to these Sections 2.3, 12,1, 12.2 and
12.3.
Page 5 of 17

Section 13. DEFAULT; REMEDIES.
13.1 Lessee Default. Each of the following shall constitute a material breach of this
Agreement and an event of default by Lessee (the "Lessee Event of Default") hereunder:
(a) Lessee assigning or subleasing the Premises without Lessor's prior written
consent.
(b) Lessee's failure to observe or perform any of the material covenants, conditions
or provisions of this Agreement to be observed or performed by Lessee, other than as
described in Subsection 13.1(a), where such failure shall continue for a period of thirty
(30) days after Lessee receives written notice thereof from Lessor, or such additional
period of time thereafter as Lessor and Lessee may agree in writing and may be
reasonably necessary under the circumstances to cure such default if Lessee commences
to cure such default within said thirty (30) day period and thereafter diligently proceeds
to cure such default.
13.2 Lessor Default. Each of the following shall constitute a material breach of this
Agreement and an event of default by Lessor (the "Lessor Event of Default") hereunder:
(a) Lessor's failure to observe or perform any of the material covenants, conditions or
provisions of this Agreement to be observed or performed by Lessor, where such failure
shall continue for a period of thirty (30) days after Lessor receives written notice thereof
from Lessee, or such additional period of time thereafter as Lessor and Lessee may agree
in writing and may be reasonably necessary under the circumstances to cure such default
if Lessee commences to cure such default within said thirty (30) day period and thereafter
diligently proceeds to cure such default.
13.4 Lessor and Lessee Remedies. Upon the occurrence of any Lessor or Lessee Event of
Default and at any time thereafter, Lessor and/or Lessor may, but shall not be required to,
exercise any remedies now or hereafter available to each Party at law or in equity.
13.5 Attorneys' Fees and Costs. In the event Lessor or Lessee resort to legal proceedings to
enforce any right under this Agreement or to obtain relief for any default by the other Party, the
Party prevailing in such proceedings shall be entitled to recover from the defaulting Party the
costs thereof, including reasonable attorneys' fees and costs.
Section 14. RISK OF LOSS AND LIABILITY.
14.1 Risk of Loss or Liability. Lessor shall not be liable or responsible for the costs or for
performing any work or services in connection with the Monitoring Well.
Section 15. LAWS AND REGULATIONS.
Page 6 of 17

15.1 Laws and Regulations. Lessee, its employees, agents, consultants and subcontractors
shall at all times comply with all applicable local, state and federal laws, ordinances, codes, rules
and regulations.
Section 16. GENERAL
16.1 Recitals. The accuracy of the Recitals is acknowledged and they are hereby incorporated
into this Agreement.
16.2 Time is of the Essence. Time is of the essence of this Agreement. The word(s) "day" or
"days" as utilized in this Agreement shall mean calendar days unless expressly stated otherwise.
If the date for performance of any obligation hereunder or the last day of any time period
provided herein shall fall on a Saturday, Sunday or legal holiday, then said date for performance
or time period shall expire on the first day thereafter which is not a Saturday, Sunday or a legal
holiday,
16.3 No Partnership or Joint Venture. Nothing contained in this Agreement shall create any
partnership, joint venture or other arrangement between Lessor and Lessee. Except as expressly
provided herein, no term or provision of this Agreement is intended or shall be for the benefit of
any person or entity not a party hereto, and no such other person or entity shall have any right or
cause of action hereunder.
16.4 Venue; Governing Law. The proper venue for any proceeding at law or in equity or
under the provisions for arbitration shall be Maricopa County, Arizona and the Lessor and
Lessee hereby waive any right to object to venue. This Agreement shall be construed in
accordance with and be governed by the laws of the State of Arizona.
16.5 Entire Agreement. This Agreement, together with any supplemental provisions attached
hereto, constitutes the entire agreement between the parties and sets forth all of the covenants,
promises, agreements, conditions and understandings between Lessor and Lessee, and there are
no covenants promises, agreements, conditions or understandings, either oral or written, between
Lessor and Lessee other than as set forth herein, and those agreements that are executed
contemporaneously herewith. This Agreement shall be construed as a whole and in accordance
with its fair meaning and without regard to any presumption or other rule requiring construction
against the party drafting this Agreement. This Agreement cannot be modified or changed
except by a written instrument executed by Lessor and Lessee. Lessor and Lessee have reviewed
this Agreement and have had the opportunity to have it reviewed by legal counsel.
16.6 Waiver. Waiver of any breach of any term, conditions or covenant herein contained
shall not be deemed to be a waiver of any subsequent breach of any term, covenant or condition
herein.
16.7 Authority to Execute. Lessor warrants that the person who is executing this Agreement
is duly authorized to execute and deliver this Agreement on behalf of said corporation, person,
firm, partnership or other entity and that this Agreement is binding on said entity in accordance
Page 7 of 17

with its terms. Lessor further agrees that simultaneous with execution of this Agreement, Lessor
shall provide proof of legal authority to execute this Agreement.
16.8 Partial Invalidity. If any term, covenant, condition or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of
the provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired or invalidated.
16.9 Headings. Sections and other headings contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
16.10 Cooperation. Lessor and Lessee agree to execute and/or deliver to each other such other
instruments and documents as may be reasonably necessary to fulfill the covenants and
obligations to be performed by Lessor and/or Lessee pursuant to this Agreement.
16.11 Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original but all of which together shall constitute one and the same
instrument.
16.12 Not Binding Until Signed. Submission of this instrument for examination shall not bind
Lessor or Lessee in any manner, and no Agreement or obligation on Lessor or Lessee shall arise
until this Agreement is executed and delivered by both Lessor and Lessee.
16.13 Delegation of Authority. Since this Agreement will require administrative action from
time to time to carry out the intent of the Agreement, both the Deputy County Manager for
Maricopa County and the Real Estate Director for Maricopa County each, individually and
separately, are hereby given the authority and charged with the responsibility for proper
administration of this Agreement, whether or not specific authority is granted in any provision of
this Agreement,
16.14 Operating Hours. Lessee shall have 24-hour, seven (7) days per week access to the
Premises, Lessee shall use reasonable efforts to ensure that pedestrian traffic in the vicinity is not
unreasonably restricted.
16.15 Transfer/sale of Property. Lessor agrees that the Lessor will not transfer/sell said
Property unless said transfer/sale is subject to the terms and conditions of this Agreement then in
effect. Lessor shall notify Lessee in writing via certified mail within thirty (30) days of the
transfer/sale date.
16.16 Mechanics Liens. Lessee shall not permit any liens to be placed against the Property or
the Premises. If the Property or Premises shall, at any time during the term of this Agreement,
become subject to any vendor's, mechanic's laborer' or materialman's lien based upon the
furnishing of material or labor to Lessee, then Lessee at its sole cost and expense shall cause the
same to be discharged within forty-five (45) days after notice thereof, unless the lien and the
claim occasioning is the subject of pending litigation being pursued by Lessee in good faith.
Page 8 of 17

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 9 of17

County Lease No. L-7476
C-75-18-xxx-1-00
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT as of the last date
written below.
LESSEE:
Maricopa County
Steve Chucri
Chairman, Board of Supervisors
ATTEST:
Clerk of the Board Date
APPROVED AS TO FORM:
Page 10 of 17

County Lease No. L-7476
C-75-I 8-xxx-i-00
LESSOR:
City of Phoenix, a municipal corporation
Ed Zuercher, City Manager
Jami Spear Date
Real Estate Administrator
ATTEST:
City Clerk Date
APPROVED AS TO FORM:
City Attorney Date
Page 11 of 17

County Lease No. L-7476
C-75-18-loo(-1-00
EXHIBIT A.1
Premises
Page 12 of 17

County Lease No. 1,-7476
C-75-18-xxx-I-00
EXHIBIT A.2
Temporary Construction Areas
SCALE r - 80' if:"-
WELI7 MW-06
TEMPORARY coNtErrRuanON
AREA "2,000 SF \
• TEMPORARY CONSTRUCTION--
AREA 1750 SF
r- TEMPORARY coNuFtuanoN
AREA 7,000 SF . '
4
•
' (te
TEMPORARY CONSTRUCTION AREAS ARE
APPROXIMATELY 10,750 SQUARE FEET (SF)
IN COMBINED AREA
Page 13 of 17

County Lease No. L-7476
C-75-18-xxx-1-00
Exhibit B
CHAPTER XXVI, CITY OF PHOENIX MOUNTAIN PRESERVES
Rules and Regulations of the Preserves
I Mountain Preserves—Defined.
As used in this Chapter "Mountain Preserves" means all real property included within any of the
following categories:
(a) That real property owned by the City at the time of adoption of this Chapter lying
within any generally recognized mountain preserve area.
(b) That real property purchased by the City in whole or in part with the proceeds of
those General Obligation Bonds issued by the City pursuant to proposition Number 10 of
the Special Bond Election held May 22, 1979; or
(c) That real property constituting mountain space open preserves purchased by the
City in whole or in part with the proceeds of those General Obligation Bonds issued by
the City pursuant to proposition Number 14 of the Special Bond Election held June 5,
1984; or
(d) That real property designated as "Mountain Preserves" by the City Council by
ordinance upon the recommendation of the Parks and Recreation Board.
(Election of 11-5-1985)
2 Disposition of Mountain Preserve property.
In no event shall any real property within any City Mountain Preserve be sold, traded or
otherwise alienated, redesignated or deleted from the Mountain Preserve except by approval of a
majority of the electors voting thereon, provided that Mountain Preserve property may be traded
if such trade is approved by the Council by ordinance prior to January 1, 1989 in accordance
with the provisions set forth in this Chapter.
(Election of 11-5-1985)
Page 14 of 17

3 Use of Mountain Preserve property.
(a) The City Council shall, upon the recommendation of the Parks and Recreation Board,
establish by ordinance such permitted uses of the Mountain Preserves as are consistent with the
following objectives:
1. Maintain the Mountain Preserves, including native plant and animal communities, in
their natural state to the maximum extent practicable; and
2. Provide cultural, educational and recreational opportunities primarily designed to
heighten appreciation and enjoyment of the Arizona desert environment; and
3. Provide equestrian, pedestrian (including handicapped) and vehicular (whether
motorized or otherwise) access into the Mountain Preserves to the extent consistent with
the foregoing objectives.
(b) The Mountain Preserves shall not be used except for a permitted use established by the City
Council pursuant to this Section.
(c) The City Council shall at all times have the power and authority within and in conjunction
with any City Mountain Preserve to take appropriate action to:
1. Dedicate necessary rights-of-way and easements required for improving and
widening of existing arterial streets and streets adjacent to Mountain Preserve lands.
2. Make half-street dedications of Mountain Preserve lands as necessary to coordinate
with development of adjacent private property, thereby providing street frontage
adjacent to Preserve lands.
3. Provide necessary access and utility easements to private parcels within any
Mountain Preserve.
4. Develop to the extent necessary City-owned flood control and water treatment
facilities located within a City Mountain Preserve area.
(Election of 11-5-1995)
4 Trading of City Mountain Preserve property.
(a) City-owned real property within any City Mountain Preserve may be traded for other real
property upon approval by the City Council by ordinance prior to January 1, 1989 in accordance
with the provisions of subsection (b) of this Section.
(b) No trade of City-owned real property within any City Mountain Preserve shall be approved
unless the City Council finds that the trade is consistent with the following criteria:
Page 15 of 17

1. The transaction shall contribute land of equal or greater value to the Mountain
Preserve.
2. The total Mountain Preserve acreage shall be increased.
3. Access for the public shall not be unreasonably impaired.
4. Trail access shall be improved or not impaired.
5. All property acquired shall be contiguous to existing Mountain Preserve boundaries.
6. Neighborhoods adjacent to exchange parcels shall be enhanced to the extent
possible and such neighborhoods shall be notified of Parks Board and City Council
hearings on proposed trades in a manner similar to the notice provided for zoning
hearings.
7. Mountain Preserve property exchanged by the City to acquire additional property
shall be conveyed with the condition that the property be used only for purposes
compatible with the uses of adjacent Mountain Preserve property and all property
acquired by the City shall become part of the Mountain Preserve.
8. Any adopted Mountain Preserve Master Plan shall be reviewed in connection with
any trade of Mountain Preserve property.
(Election of 11-5-1985)
5 An initiative measure to prevent sale, trade, alienation, redesignation, Agreement or
other deletion or removal of any City Mountain Preserve land without approval of a
majority of electors voting thereon.
Notwithstanding any other provision of the Charter of the City of Phoenix, no land within any
City Mountain Preserve, as that term is defined in Chapter XXVI of the Charter of the City of
Phoenix, shall be sold, traded, alienated, redesignated, released, or otherwise deleted or removed
from the Mountain Preserve except by approval of a majority of electors voting thereon.
(Election of 12-9-1986)
Page 16 of 17

County Lease No. L-7476
C-75-18-xxx-1-00
Exhibit C
GUIDELINES FOR HANDLING SONORAN DESERT TORTOISES
ENCOUNTERED ON DEVELOPMENT PROJECTS
Arizona Game and Fish Department Revised September 22, 2014
The Arizona Game and Fish Department (Department) has developed the following guidelines to
reduce potential impacts to desert tortoises, and to promote the continued existence of tortoises
throughout the state. These guidelines apply to short-term and/or small-scale projects, depending
on the number of affected tortoises and specific type of project.
The Sonoran desert tortoise occurs south and east of the Colorado River. Tortoises encountered
in the open should be moved out of harm's way to adjacent appropriate habitat. If an occupied
burrow is determined to be in jeopardy of destruction, the tortoise should be relocated to the
nearest appropriate alternate burrow or other appropriate shelter, as determined by a qualified
biologist. Tortoises should be moved less than 48 hours in advance of the habitat disturbance so
they do not return to the area in the interim. Tortoises should be moved quickly, kept in an
upright position parallel to the ground at all times, and placed in the shade. Separate disposable
gloves should be worn for each tortoise handled to avoid potential transfer of disease between
tortoises. Tortoises must not be moved if the ambient air temperature exceeds 40° Celsius (105°
Fahrenheit) unless an alternate burrow is available or the tortoise is in imminent danger.
A tortoise may be moved up to one-half mile, but no further than necessary from its original
location. If a release site or alternate burrow is unavailable within this distance, and ambient air
temperature exceeds 40° Celsius (105° Fahrenheit), contact the Department for guidance.
Tortoises salvaged from projects which result in substantial permanent habitat loss (e.g. housing
and highway projects), or those requiring removal during long-term (longer than one week)
construction projects, may be placed in the Department's tortoise adoption program. Managers of
projects likely to affect desert tortoises should obtain a scientific collecting license from the
Department to facilitate handling or temporary possession of tortoises. Likewise, if large
numbers of tortoises (>5) are expected to be displaced by a project, the project manager should
contact the Department for guidance and/or assistance.
Please keep in mind the following points:
• Use the Department's Environmental On-Line Review Tool Department during the planning
stages of any project that may affect desert tortoise habitat.
• Unless specifically authorized by the Department, or as noted above, project personnel should
avoid disturbing any tortoise.
• Take is prohibited by state law.
• These guidelines do not apply to Mojave Desert tortoises (north and west of the Colorado
River). Mojave Desert tortoises are listed as threatened under the Endangered Species Act,
administered by the U.S. Fish and Wildlife Service.
• These guidelines are subject to revision at the discretion of the Department.
Page 17 of 17