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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
VETOED
groundwater model; receipt; written findings
Purpose
Requires the Director of the Arizona Department of Water Resources (ADWR) to provide notification of receipt within five days and an outlined written response within 60 days to applicants who submit alternative groundwater models.
Background
The Assured Water Supply Program operates within Arizona's six active management areas (AMAs). A person who proposes to offer subdivided lands for sale or lease in an AMA must apply for and obtain a certificate of assured water supply 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 Commissioner of the Arizona Department of Real Estate a notice of intention to offer such lands for sale or lease, unless the subdivider has obtained 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.R.S. § 45-576). If groundwater is a proposed source of water, the applicant must submit with the application for a certificate of assured water supply a copy of a hydrological study on the groundwater resources that demonstrates an assured supply for the proposed use (A.R.S. § 45-577).
Groundwater conditions in Arizona are typically evaluated by analytical models, which present a simplistic evaluation of an aquifer, and numeric models, which capture an aquifer's complexity. ADWR has developed regional, numeric groundwater models to simulate Arizona's water supply and future demands (ADWR: Groundwater Modeling Section and ADWR: Modeling Basics).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the Director of ADWR, within five days of receiving an alternative groundwater model, to notify in writing the person who submits an alternative groundwater model of receipt.
2. Requires the Director of ADWR, within 60 days of receipt of an alternative groundwater model, to provide a written response to the applicant detailing:
a) whether ADWR accepts the overall findings of the alternative groundwater model;
b) whether the Director of ADWR accepts or denies each of the specific findings of the alternative groundwater model; and
c) the rationale for the Director of ADWR's rejection of any of the findings of the alternative groundwater model.
3. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that S.B. 1116 attempts to redirect ADWR's activity to meet arbitrary timelines in reviewing and responding to undefined alternative groundwater models regardless of relevance to any policy or permitting decisions. The Governor states that S.B. 1116 is unnecessary and does nothing to protect consumers or ensure water security.
Senate Action House Action
NR 1/28/25 DP 5-3-0 NREW 3/18/25 DP 5-4-0-1
3rd Read 2/26/25 18-11-1 3rd Read 5/5/25 32-25-3
(W/O Emergency)
Vetoed by the Governor 5/12/25
Prepared by Senate Research
May 14, 2025
SB/SN/slp