 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
helium exploration; aquifer protection permit
(NOW: domestic water improvement districts; hauling)
As passed the Senate, S.B. 1444 exempts helium exploration and production wells that are designed, constructed, operated and maintained to not discharge a contaminant into an aquifer from the statutorily outlined aquifer protection permit requirements.
The House of Representatives adopted a strike-everything amendment that does the following:
Purpose
Allows a county improvement district (District) that is formed in a subsequent active management area (AMA), for the purpose of delivering water through water hauling, to exercise the power of eminent domain only for the limited purpose of acquiring or otherwise securing a site in the subsequent AMA for the construction of and legal access to a single well and a standpipe to produce water and make water available at the site for delivery through water hauling.
Background
The Arizona Constitution prohibits private property from being taken for private use, except for private ways of necessity, and for drains, flumes or ditches, on or across the lands of others for mining, agricultural, domestic or sanitary purposes. No private property can be taken or damaged for public or private use without just compensation having first been made, paid into court for the owner, secured by a bond as may be fixed by the court or paid into the state treasury for the owner on such terms as the Legislature provides. No right of way can be appropriated to the use of any corporation other than municipal, until full compensation be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation. Whenever an attempt is made to take private property for a use alleged to be public, the question of whether the contemplated use be really public must be a judicial question, and determined as such without regard to any legislative assertion that the use is public (Ariz. Const. art. 2 § 17).
A District may be established in any unincorporated area, whether or not contiguous, by the county board of supervisors of the county in which the proposed District is located, for the purpose of constructing and operating a wastewater treatment facility and making other local improvements or acquisitions in the District or for the benefit of the District. When the public interest or convenience requires, the board of directors of a District may order the acquisition, construction, reconstruction, maintenance or repair of water, including drinking water treatment facilities, for the delivery of water for domestic purposes (A.R.S. §§ 48-902 and 48-909).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a District that is formed in a subsequent AMA for the purpose of delivering water through water hauling to exercise the power of eminent domain only for the limited purpose of acquiring or otherwise securing a site in the subsequent AMA for the construction of and legal access to a single well and a standpipe to produce water and make water available at the site for delivery through water hauling.
2. Allows a District to be established for the purpose of constructing and operating a domestic water delivery system that is located in a subsequent AMA for the purpose of delivering water through water hauling.
3. Allows the board of directors of a District, when the public interest or convenience requires, to order the acquisition, construction, reconstruction, maintenance or repair of wells and standpipes.
4. Allows the outlined acquisition, construction, reconstruction, maintenance or repair of waterworks for the delivery of water for domestic water purposes to be for the delivery of water in a subsequent AMA through water hauling.
5. Modifies the definition of waterworks to include standpipes.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
· Adopted the strike-everything amendment relating to Districts.
House Action
LARA 3/19/25 W/D
NREW 3/27/25 W/D
APPROP 3/31/25 DPA/SE 11-7-0-0
3rd Read 5/1/25 31-27-2
Prepared by Senate Research
May 1, 2025
SB/slp