ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: NREW DP 7-5-0-1-0-0

HB 2880: assured water supply; availability; plats

Sponsor:  Representative Roberts, LD 11

House Engrossed

Overview

Modifies the criteria that must be considered when determining if water is physically available for a designation of assured water supply (DAWS) in the Pinal Active Management Area (AMA).

History

Assured Water Supply

An assured water supply means all the following:

1)    Sufficient groundwater, surface water or effluent of adequate quality that will be continuously available to meet proposed water needs for at least 100 years;

2)    Projected groundwater use is consistent with the management plan and achieving the management goal for the AMA; and

3)    Demonstrating the financial capability to build the facilities necessary to make water available for the proposed use (A.R.S. § 45-576(L)).

Arizona Administrative Code details additional criteria that the ADWR Director must follow when determining whether enough water is physically available to meet proposed uses (R12-15-716).

Municipalities and private water companies in AMAs can be designated as having an assured water supply by the ADWR Director if they meet criteria established in rule (A.R.S. §§ 45-576(D) and 45-576(E)).

Someone who wants to offer subdivided lands for sale or lease in an AMA must receive a certificate of assured water supply (CAWS) from ADWR by demonstrating that they meet the assured water supply criteria. That person can become a member in the Central Arizona Groundwater Replenishment District to demonstrate that their proposed groundwater use is consistent with the AMA's management plan and goal. A municipality or county will not approve that subdivision plat, and the State Real Estate Commissioner will not authorize the sale or lease of the subdivided lands, without a CAWS unless the subdivider has received a water service commitment from a municipality or private water company that is designated as having an assured water supply (A.R.S. § 45-576).

Someone can assign a CAWS to another person if certain statutory criteria are met. One of these criteria is that there must not be any material change in the subdivision plat since the certificate was issued, including any increase in the total number of housing units or the total water demand for the subdivision (A.R.S. § 45-579(A)).

Underground Water Storage and Credits

Statute allows someone to store and save water underground if they have obtained the appropriate permit (A.R.S. § 45-802.01). Those who store water underground for over a year and meet additional statutory requirements can earn long-term storage credits (LTSCs) that are credited to a long-term storage account (A.R.S. § 45-852.01). LTSCs can be recovered in the future for various uses, including demonstrating an assured water supply (A.R.S. § 45-855.01).

Provisions

1.    For an application to modify or renew a DAWS in the Pinal AMA:

a)    Prohibits the ADWR Director from reviewing the physical availability of groundwater if the application to modify or renew a DAWS that does not increase the total groundwater demand; and

b)    Establishes that the following are considered physically available for a DAWS:

i.      Stored water that an applicant will recover within the area of impact through existing LTSCs pledged to the DAWS; and

ii.     Requires that stored water to be recovered within the area of impact by the applicant must be done so either annually or as LTSCs to be earned in the future if the water stored meets the physical availability requirements under the Assured Water Supply rules. (Sec. 1)

2.    Specifies that when the ADWR Director is determining whether to approve assigning a CAWS to another person, an increase in the total number of housing units since the CAWS was originally issued is not a material change to the subdivision plat, plan or map. (Sec. 2)

3.    Forbids the ADWR Director from considering any change in the number of lots when determining if changes to a plat in the Pinal AMA with a CAWS are material under the Assured Water Supply rules. (Sec. 3)

4.    Defines area of impact. (Sec. 1)

5.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes technical changes. (Sec. 2)

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9.                      HB 2880

10.  Initials PAB           Page 0 House Engrossed

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