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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
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SB 1393: groundwater replenishments; Pinal AMA
Sponsor: Senator Shope, LD 16
House Engrossed
Overview
Prohibits an owner of subdivided lands from being required to pay or provide water to reduce groundwater replenishment obligations.
History
Groundwater Code and Assured Water Supply
The Groundwater Management Code (Code), enacted in 1980 established the statutory framework to regulate and control the use of groundwater in Arizona. The Code’s Assured and Adequate Water Supply Program requires a developer to provide information on a proposed subdivision’s water supplies to the Arizona Department of Water Resources (ADWR) before the land can be offered for sale or lease. Specific requirements apply depending on whether the subdivision is inside or outside an AMA (A.R.S. § 45-576) (ADWR).
Central Arizona Groundwater Replenishment District
The Central Arizona Groundwater Replenishment District (CAGRD) is a function of the Central Arizona Project that replenishes groundwater pumped by its members and provides a way to comply with requirements of the assured water supply program (AWS) (CAGRD). Any person proposing to offer subdivided lands for sale or lease in an active management area is required to apply for and obtain a certificate of assured water supply issued by the Director of ADWR before presenting the plat for approval to the city, town or county in which the land is located (A.R.S. § 45-576).
Provisions
1. Prohibits ADWR or a political subdivision from requiring an owner of subdivided lands from having to provide or pay for a water source to reduce a replenishment obligation incurred off the owner's subdivided land as a condition for receiving a designation of assured water supply or a written commitment of water service. (Sec.1)
2. Allows a municipal provider that applies for a new designation of AWS in the Pinal AMA to assume replenishment obligations for member lands in the municipal service area and to allow the member lands to retain a replenishment obligation. Specifies conditions that apply. (Sec. 2)
3. Prohibits the owner of lands that are subdivided after a certain date from being required to provide or pay for a water source to reduce a replenishment obligation that is incurred by a municipal provider for lands other than the owner’s subdivided land. (Sec. 2)
4. Makes technical and conforming changes. (Sec. 1 and 2)
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8. SB 1393
9. Initials CW Page 0 House Engrossed
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