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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: NR W/D | RAGE DP 4-2-1-0 | Third Read 16-11-3-0 |
SB 1176: stormwater storage; replenishment credits
Sponsor: Senator Petersen, LD 14
Committee on Natural Resources, Energy & Water
Overview
Authorizes a storer in the Phoenix Active Management Area (AMA) to recharge stormwater into an underground storage facility and for the storer to receive a replenishment credit.
History
Underground Storage Facility
A constructed underground storage facility allows for water to be stored in an aquifer through a constructed device, such as an injection well or percolation basin. To operate a facility a person must hold an Underground Storage Facility Permit issued by the Arizona Department of Water Resources (ADWR) as outlined in statute (ADWR)(A.R.S. § 45-811.01).
Water Storage Permit
The Water Storage Permit administered by ADWR authorizes a permit holder to store water at an underground storage facility or a groundwater savings facility. The ADWR Director may issue a Water Storage Permit if the applicant has the right to use the stored water, applies for the Water Quality Permit from ADEQ and the water storage will occur at a permitted storage facility (A.R.S. § 45-831.01).
Provisions
1. Includes stormwater, that will be recharged in a constructed underground storage facility, as an eligible source of water for an applicant to be issued a water storage permit. (Sec. 1)
2. Authorizes a storer with a water storage permit in the Phoenix AMA to recharge stormwater within a constructed underground storage facility and subsequently receive a replenishment credit. (Sec. 2)
3. Requires the ADWR Director to annually determine the quantity of stormwater recharged by a storer and grant 95% of the total volume of recharged water as replenishment credits. (Sec. 2)
4. Prescribes required accounting of the replenishment credits. (Sec. 2)
5. Permits a storer to use replenishment credits or transfer replenishment credits to any other eligible entity and offset the storer's replenishment obligation within the same subbasin for any year if certain criteria are met. (Sec. 2)
6. Requires the ADWR Director to treat replenishment credits as groundwater and not as stored water. (Sec. 2)
7. Allows the ADWR Director to issue a water storage permit that is either solely for the storage of stormwater or a combination of water sources. (Sec. 2)
8. Specifies that stormwater storage does not affect water use rights. (Sec. 2)
9. Defines stormwater. (Sec. 2)
10. Makes technical changes. (Sec. 1)
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Initials CW/HC SB 1176
3/4/2026 Page 0 Natural Resources, Energy & Water
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