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(The following story by Daniel Scarpinato appeared on the Arizona Daily Star website on July 15.)

PHOENIX — With the governor vetoing legislation aimed at stopping the construction of a large rail yard near Picacho Peak, Union Pacific Railroad says it is moving ahead with plans to acquire farmland near the well-known landmark.

Officials have filed an application with the Arizona State Land Department, and Union Pacific hopes for an auction so it can buy the state land within a year.

“We’ve been working to educate the State Land Department about what goes on at a rail yard,” said Chris Peterson, a Union Pacific spokesman.

The governor’s veto has left opponents of the rail yard — including farmers, property rights advocates and environmentalists — scrambling. Picacho Peak is about 40 miles northwest of Tucson.

Despite bipartisan support for allowing the Arizona Corporation Commission to demand studies and hearings, Gov. Janet Napolitano said the issue was better left to the federal government, which regulates railroads.

“We need to figure out what the next strategy will be,” said Nick Simonetta, the lobbyist who pushed the bill.

Union Pacific wants to buy 1,500 acres of state trust land about three miles east of the peak to build the rail yard.

In November, the Pinal County Board of Supervisors voted to change the county’s comprehensive land-use plan to accommodate the yard. The county sees the project as a major boost to the area, which will need jobs to employ thousands of new residents that housing developments are attracting.

Environmentalists and state park officials had urged the board to turn down or delay Union Pacific’s push to buy the state land. One issue is the yard’s proximity to the Central Arizona Project canal.

But railroad officials and environmental consultants hired by the company said the rail yard will be 2,200 feet from the canal at its closest point. That’s farther, they said, than existing rail lines, which are 1,200 feet from the canal.

In addition to what they call “state of the art” contamination-prevention techniques, downward lighting and noise-reducing wheel devices will cut down on other disruptions, company representatives said.

“I suspect with the noise from the interstate you won’t even here the noise from the other side of the freeway,” said Ted Petranoff, an environmental consultant hired by the railroad.

Nevertheless, state Rep. Jonathan Paton, the Tucson Republican who pushed for the legislation, says he may attempt to pass another bill.
But with the governor’s position clear, the Legislature on hiatus until January and Union Pacific moving ahead, that may be unlikely.

Herb Kai, vice mayor of Marana and the farmer whose Picacho-area farm would make way for the rail yard, said the railroad “hasn’t made any efforts to address our issues.”
Not so, says Peterson.

“We have continued to talk to interested parties about the projects and that outreach is ongoing,” he said.

Paton says he believes Union Pacific used the prospect of a Tucson-Phoenix commuter rail to garner opposition to his bill.
Peterson said there have been only informal discussions about the concept.

“It’s nothing really of substance at this point,” he said. “We’ve made ourselves available to work with … the governor … and any stakeholders to talk about how we might be able to lend our expertise to a commuter-rail project. But, very clearly, the state has a demand for a robust freight-rail system, and so that has to be an important factor in discussions about commuter rail.”

Peterson said there is no profitable commuter rail in the country. But in some states, Union Pacific leases rail lines for commuter use. It does not, however, operate the trains.