ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

HB 2055: underground water storage; permitting

Sponsor: Representative Dunn, LD 25

Committee on Natural Resources, Energy & Water

Overview

Modifies the Arizona Department of Water Resources (ADWR) underground storage facility permit application timeframes.

History

There are four types of recharge permits that a person may apply for:

1) an Underground Storage Facility Permit that allows a person to operate a facility that stores water in an aquifer;

2) a Groundwater Savings Facility Permit that allows a person to deliver a renewable water supply to a recipient who agrees to replace groundwater pumping with in lieu water;

a Water Storage Permit that allows a person to store water at anunderground storage facility or a groundwater savings facility; and

3) a Recovery Well Permit that allows a person to recover long-term storage credits or to recover stored water annually (A.R.S. §§ 45-811.01, 45-812.01, 45-831.01, 45-834.01).

In-lieu water is defined as water delivered to a groundwater savings facility pursuant to permits, used in an active management area (AMA) or an irrigation non-expansion area (INA) by the recipient on a gallon-for-gallon substitute basis for groundwater that otherwise would have been pumped from within that AMA or INA (A.R.S. § 45-802.01).

To apply for an Underground Storage Facility Permit, an applicant must submit an application and applicable fees to the ADWR Director. Within 15 days, the ADWR Director must provide public notice of the application on ADWR's website and review the application within 100 days to determine whether the application should be approved or rejected (A.R.S. § 45-871.01).

In appropriate cases, the ADWR Director may hold an administrative hearing before making a decision on the application. The hearing must be scheduled at least 60 days but not more than 90 days after the expiration of the time in which to file objections. If a hearing is not held, the ADWR Director must issue a decision and order within 6 months of the date notice of the application is first given for an underground storage facility permit. The ADWR Director must record the application and indicate whether it was approved or rejected (A.R.S. § 45-871.01).

Provisions

1. Increases, from 100 to 180, the number of days for the ADWR Director to review an application for an underground storage facility permit. (Sec. 1)

2. Decreases the number of days the ADWR Director must issue a decision for an underground storage facility permit from six months to 100 days after the date notice of an application is first given. (Sec. 1)

3. Makes technical changes. (Sec. 1)

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7. HB 2055

8. Initials EB/BSR/KK Page 0 Natural Resources, Energy & Water

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