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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: LARA DP 8-0-0-1 | 3rd Read DP 43-10-7-0Senate: GOV W/D | NR DPA/SE 4-3-1-0 | 3rd Read DPA
17-12-1-0
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HB
2091: land division; applicant submissions; review
NOW: assured water supply; certificate; model
Sponsor: Representative Griffin, LD 19
Vetoed by the Governor
Overview
Requires the Arizona Department of Water Resources (ADWR) to review certain applications for a certificate of assured water supply (Certificate).
History
Currently, a person who plans to sell or lease subdivided lands in an active management area (AMA) must apply for and obtain a Certificate from the Director of ADWR before presenting the plat for approval to the city, town or county in which the land is located, where such is required, and before filing with the Arizona Department of Real Estate Commissioner a notice of intention to offer such lands for sale or lease (A.R.S. § 45-576).
An application for a Certificate must be filed by the current owner of the land that contains specified information and submit an initial $1,000 fee. The ADWR Director must issue a Certificate if the applicant demonstrates:
1) sufficient supplies of water are physically available to meet the estimated water demand of the subdivision;
2) sufficient supplies of water are continuously available to meet the estimated water demand of the subdivision;
3) sufficient supplies of water are legally available to meet the estimated water demand of the subdivision;
4) the sources of water are of adequate quality;
5) the applicant has the financial capability to construct adequate delivery, storage, and treatment works for the subdivision;
6) the proposed use of groundwater withdrawn within an AMA is consistent with the management plan in effect at the time of the application; and
7) the proposed use of groundwater withdrawn within an AMA is consistent with the achievement of the management goal (A.C.C. R12-15-704).
Provisions
1. Requires ADWR to review the merits of an application for a certificate of assured water supply (Certificate) and issue a new written determination of action if all of the following apply:
a) the application is for a Certificate for land located in the Phoenix AMA;
b) the application was submitted between January 26, 2021 and August 31, 2023;
c) ADWR has not issued the applicant a Certificate as of the effective date of this act;
d) the municipal provider for the land covered b the application has submitted a notice of intent to serve to ADWR that states that certain criteria are met. (Sec. 1)
2. Reduces the minimum amount of excess groundwater that the municipal provider is obligated to report to the Central Arizona Groundwater Replenishment District (CAGRD) in a year by the long-term storage credits transferred to CAGRD by the municipal provider. (Sec. 1)
3. Exempts the CAGRD's purchase of a municipal provider's long-term storage credits from affecting the annual replenishment assessment charged by the CAGRD against parcels of member land contained within the land covered by a Certificate issued in accordance with this act. (Sec. 1)
4. Requires ADWR to determine that an application for a Certificate that was supported using either the 2006-2009 Salt River Valley regional model or the 2006 Lower Hassayampa Sub-Basin groundwater flow model meets the physical availability requirements for groundwater. Specifies that all remaining requirements for a Certificate remain applicable to the determination for issuance. (Sec. 1)
5. Requires ADWR, within ten days of the effective date of this act, to notify all applicants that meet the criteria of review under this act of their ability to have their determinations of assured water supply reviewed. (Sec. 1)
6. Allows applicants request ADWR review their pending applications or resubmit and request review of a withdrawn application. (Sec. 1)
7. Requires a Certificate issued in accordance with this act relate back as if it were issued in 2023. (Sec. 1)
8. Repeals this section on January 1, 2029. (Sec. 1)
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12. HB 2091
13. Initials CW Page 0 Senate Engrossed
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