ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: NREW DP 7-0-0-0 | 3^rd Read 28-1-1-0

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SB 1432: assured water; small residential developments..

Sponsor: Senator Wadsack, LD 17

Committee on Natural Resources, Energy & Water

Overview

Requires a person seeking a building permit for six or more residences within an active management area in an unincorporated area of a county to demonstrate an assured water supply before presenting the permit application for county approval.

History

Subdivided lands function as the building blocks for residential development in Arizona. Subdivided lands are improved or unimproved lands that have been or will be divided into six or more lots, parcels or fractional interests for sale or lease. These lands also include stock cooperatives, lands that have been or will be divided as part of a common promotional plan and residential condominiums. However, subdivided lands do not include leasehold offerings of one year or less (A.R.S. § 32-2101).

In Arizona's six active management areas (AMAs), someone who plans to sell or lease subdivided lands in an AMA must obtain a certificate of assured water supply from the Arizona Department of Water Resources (ADWR) or obtain a commitment for water service from a city, town or private water company with a designation of assured water supply. Otherwise, a municipality or county cannot approve the subdivision plat, and the State Real Estate Commissioner will not issue a public report authorizing the sale or lease of the subdivided lands. An assured water supply means:

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

2) Any projected groundwater use is consistent with the AMA's management plan and achieving its management goal; and

3) The applicant has demonstrated the financial capability to build the infrastructure necessary to make water available for the proposed use (A.R.S. § 45-576).

Provisions

1. Requires a person who seeks a building permit for six or more residences within an AMA in an unincorporated area of a county, regardless of the residences' lease term, to obtain a certificate of assured water supply from ADWR before presenting the permit application for county approval. (Sec. 1)

2. Exempts the applicant from the above requirement if the applicant obtains a written commitment of water service from a city, town or private water company designated as having an assured water supply. (Sec. 1)

3. Makes technical and conforming changes. (Sec. 1)

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7.                   SB 1432

8. Initials PAB           Page 0 Natural Resources, Energy & Water

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