ARIZONA HOUSE OF REPRESENTATIVES

SB 1515: adequate water supply; county review
PRIME SPONSOR: Senator Griffin, LD 14 BILL STATUS: Caucus & COW EENR: DP 7-3-0-0

Abstract

Relating to an adopted water adequacy supply provision.

Provisions

1. Requires a county BOS to review an adopted adequate water supply provision:

a. within 5 years; and

b. at least every 10 years, but not more frequently than every 5 years. (Sec. 1)

2. Allows the county BOS to vote not to readopt the provision at a public meeting. (Sec. 1)

3. Declares the provision remains in effect if the county BOS does not:

a. vote unanimously not to readopt the provision; or

b. vote on the provision after review. (Sec. 1)

4. Stipulates that if the provision is not readopted:

a. the county BOS must provide written notice to the ADWR Director, the ADEQ Director and the State Real Estate Commissioner; and

b. the provision has no further force if certain water conservation measures are in effect at the time of the vote. (Sec. 1)

5. Makes conforming changes. (Sec. 1)

Current Law

The developer of a proposed subdivision outside an AMA is required to submit plans for the subdivision's water supply and demonstrate the adequacy of the water supply to meet the needs projected by the developer to the ADWR Director (A.R.S. § 45-108). The ADWR Director must evaluate the proposed water source and determine if there is an adequate water supply for the subdivision. A copy of the report must be provided to the State Real Estate Commissioner and the city, town or county responsible for platting the subdivision. If the ADWR Director determines the  water supply is inadequate, the developer may still sell the lots but all promotional material and contracts must adequately disclose the inadequacy (A.R.S. § 32-2181).

An adequate water supply means: 1) sufficient groundwater, surface water or effluent of adequate quality will be continuously, legally and physically available to satisfy the needs of the proposed use for at least 100 years; and 2) the financial capability has been demonstrated to construct the water facilities necessary to make the water supply available for the proposed use, including a delivery system and any storage facilities or treatment works (A.R.S. § 45-108).

A county may adopt, by unanimous consent, an ordinance requiring new subdivisions to obtain a determination of an adequate 100-year water supply to receive final plat approval (A.R.S. § 11-823).

Additional Information

Cochise and Yuma counties have adopted the adequate water supply provision (ADWR).

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Fifty-third Legislature                  SB 1515

Second Regular Session                               Version 2: Caucus & COW

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