Assigned to NR                                                                                                                  AS PASSED BY COW

 


 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2753

 

groundwater replenishment; Pinal AMA

Purpose

Allows a municipal provider that applies for a new designation of assured water supply in the Pinal Active Management Area (AMA) that relies on a member service area agreement to elect for all parcels of member land in the municipal service area to retain a replenishment obligation.

Background

Current statute requires a multi-county water conservation district to: 1) establish annually the costs and expenses to replenish groundwater with respect to all parcels of member lands and all member service areas located in each AMA; and 2) provide for the payment of all costs and expenses to replenish groundwater and the payment of operation, maintenance, replacement and administrative costs and expenses of the district. A multi-county water conservation district may also: 1) develop, construct, operate, maintain, replace and acquire permits for water storage, facilities and recovery wells for replenishment purposes; and 2) acquire, hold, exchange, own, lease, retire or dispose of water rights for the benefit of member lands and member service areas (A.R.S. § 48-3772).

For each AMA in which member lands or member service areas are or may be located, the multi-county water conservation district must replenish groundwater in an amount equal to the groundwater replenishment obligation for that AMA. A municipal provider that submits an application for a new designation of assured water supply in the Phoenix AMA that relies on a member service area agreement may elect for all parcels of member land in the municipal service area to retain a replenishment obligation. For parcels of member land that retain a replenishment obligation, the multi-county water conservation district must replenish groundwater in an amount equal to the obligation applicable to that parcel of member land (A.R.S. § 48-3771).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Allows a municipal provider that applies for a new designation of assured water supply in the Pinal AMA that relies on a member service area agreement to elect for all parcels of member land in the municipal service area to retain a replenishment obligation.

2.   Makes technical changes.

3.   Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

1.   Removes the prohibition, for a designation of a municipal provider, on owners of lands that are subdivided after the date of designation from being required to provide or pay for a water source to reduce a replenishment obligation the municipal provider incurs for lands other than the owner's subdivided land.

2.   Removes the prohibition on the Director of the Arizona Department of Water Resources or a political subdivision of Arizona from requiring owners of subdivided lands to pay for or provide a water source to reduce groundwater demands incurred off the owner's parcel as a condition of receiving a certificate of assured water supply or a written commitment of water service from a designated provider.

3.   Makes conforming changes.

House Action                                                           Senate Action

NREW            2/20/25      DP       5-2-1-2               NR                  3/25/25      DP          4-3-1

3rd Read          3/4/25                    31-26-3

Prepared by Senate Research

May 7, 2025

SB/slp