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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
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