ARIZONA HOUSE OF REPRESENTATIVES 57th Legislature, 2nd Regular Session Majority Research Staff

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HB 2094: assured water supply; certificate; model

Sponsor: Representative Griffin, LD 19

Committee on Natural Resources, Energy & Water

Overview

An emergency measure that requires the Arizona Department of Water Resources to review the merits of certain applications for certificates of assured water supply and subsequently issue a new written determination of action.

History

Currently, a person who plans to sell or lease subdivided lands in an active management area

(AMA) must apply for and obtain a Certificate of Assured Water Supply (Certificate) from the Arizona Department of Water Resources (ADWR) Director 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 Arizona Department of Real Estate Commissioner a notice of intention to offer such lands for sale or lease (A.R.S. § 45-576).

The ADWR Director must issue a Certificate if the applicant demonstrates:

1) sufficient supplies of water are physically available to meet the estimated water demand of the subdivision;

2) sufficient supplies of water are continuously available to meet the estimated water demand of the subdivision;

3) sufficient supplies of water are legally available to meet the estimated water demand of the subdivision;

4) the sources of water are of adequate quality;

5) the applicant has the financial capability to construct adequate delivery, storage, and treatment works for the subdivision;

6) the proposed use of groundwater withdrawn within an AMA is consistent with the management plan in effect at the time of the application; and

7) the proposed use of groundwater withdrawn within an AMA is consistent with the achievement of the management goal (A.C.C. R12-15-704).

Provisions

1. Requires ADWR, upon request of an applicant, to review an application for a Certificate and issue a new written determination of action if:

a. the application is for a Certificate for land in the Phoenix AMA;

b. the application was submitted between January 26, 2021 and August 31, 2023;

c. ADWR has not issued the applicant a Certificate as of the effective date of this act; and

d. the municipal provider for the land covered by the application has submitted to ADWR a notice of intent to serve that meets prescribed conditions. (Sec. 1)

2. Requires the minimum amount of excess groundwater that the municipal provider is obligated to annually report to the Central Arizona Groundwater Replenishment District (CAGRD) to be reduced by the long-term storage credits (LTSCs) transferred to CAGRD by the municipal provider, if a municipal provider enters into a member service area agreement with CAGRD. (Sec. 1)

3. Prohibits CAGRD's purchase of LTSCs offered by a municipal provider, pursuant to this section, from affecting the annual replenishment assessment charged against parcels of member land contained within the land covered by the Certificate. (Sec. 1)

4. Requires ADWR to determine that an application for a Certificate meets the physical availability requirements for groundwater if the application was supported by using either the 2006-2009 Salt River valley regional model or the 2006 Lower Hassayampa Sub-basin groundwater flow model. (Sec. 1)

5. Mandates ADWR notify all applicants that are eligible, pursuant to this act, to have their determinations of assured water supply reviewed to notify each eligible applicant within  10 days of the effective date of this measure. (Sec. 1)

6. Allows applicants to request the department either review their pending applications or resubmit and request review of a withdrawn application. (Sec. 1)

7. Designates that Certificates issued pursuant to this act must retroactively apply as if issued in calendar year 2023 for the inclusion in the base supply of physically available groundwater for the municipal provider on issuance of the designation of assured water supply. (Sec. 1)

8. Repeals on January 1, 2029. (Sec. 1)

9. Contains an emergency clause. (Sec. 1)

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13. Initials CW                      HB 2094

14. 12/29/2025            Page 0 Natural Resources, Energy & Water

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