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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
assured water; small residential developments..
Purpose
Outlines requirements for a building permit applicant for six or more residences within an active management area (AMA) to apply for and obtain a certificate of assured water supply before presenting the permit application for approval.
Background
The Arizona Groundwater Management Act of 1980 designated AMAs to conserve, protect and allocate the use of groundwater resources in Arizona and to provide a framework for the comprehensive management and regulation of the withdrawal, transportation, use, conservation and conveyance of rights to use the groundwater in Arizona (A.R.S. § 45-401). An AMA is a geographical area that has been designated as requiring active management of groundwater, or in the case of the Santa Cruz AMA, active management of any water, other than stored water, withdrawn from a well (A.R.S. § 45-402).
The Director of the Arizona Department of Water Resources (ADWR) designates a municipality or private water company in an AMA as having an assured water supply if the municipality or private water company meets the criteria of an assured water supply. If a person proposes to offer subdivided lands for sale or lease in an AMA, the person must first apply for and obtain a Certificate of Assured Water Supply from ADWR or a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply. A city, town or county may only approve a subdivision plat if the subdivider has obtained a Certificate of Assured Water Supply from ADWR, or the subdivider has obtained written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply (A.R.S. § 45-576).
An assured water supply is sufficient groundwater, surface water or effluent of adequate quality that will be continuously available to satisfy the water needs of the proposed used for at least 100 years that is consistent with the management plan and achievement of the management goal for the AMA and that the financial capability has been demonstrated to construct the water facilities necessary for the proposed use, including a delivery system and any storage facilities or treatment works (A.R.S. § 45-576).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a person that seeks a building permit for six or more residences within an AMA in an unincorporated area of a county, without regard to any proposed lease term for those residences, to apply for and obtain a certificate of assured water supply before presenting the permit application for approval, unless the applicant has obtained a written commitment of water service for the residences from a city, town or private water company designated as having an assured water supply.
2. Becomes effective on the general effective date.
Prepared by Senate Research
February 14, 2023
RA/slp