ARIZONA HOUSE OF REPRESENTATIVES

HB 2111: carbon dioxide emissions committee; repeal

S/E: water adequacy provision; rescission

PRIME SPONSOR: Representative Griffin, LD 14

BILL STATUS: Caucus & COW

                                NREW: DPA/SE 8-4-0-1             

Summary of the Strike-Everything Amendment to HB 2111

Overview

Allows a county board of supervisors (BOS) to rescind a water adequacy provision by unanimous vote.

History

Current statute requires a developer to obtain a determination from the state regarding the sufficiency of water supplies before a subdivision can be marketed. The Director of the Arizona Department of Water Resources (ADWR) is required to evaluate the water supplies that will be used for the new subdivision based on the projected needs, the source of the water and the method of delivery.

If the development is outside of an Active Management Area (AMA) and sufficient water exists to support the development, a certificate of adequate water supply is issued, which means water will be available for current and committed uses for at least 100 years. If the water supply is determined to be inadequate, the property may still be sold, and information on the water supply must be included in documents provided at the initial sale of the property (A.R.S. § 45-108).

Currently, the BOS of a county located outside an AMA may adopt a water adequacy provision, by unanimous vote, requiring all new subdivisions to have an adequate water supply for the proposed development to be approved by the platting authority. If adopted, the provision applies countywide and may not be rescinded.

The BOS is able to include an exemption from the water adequacy provision for a subdivision that has been determined to have an inadequate water supply if the subdivision's proposed water supply will be groundwater that is transported by motor vehicle or train and meets other criteria outlined in statute (A.R.S. § 11-823).

Provisions

1. Allows a county BOS to rescind a water adequacy provision by unanimous vote. (Sec. 1)

2. Prohibits a county BOS from readopting the rescinded water adequacy provision for at least five years after the rescission becomes effective. (Sec. 1)

3. Requires a county BOS to provide written notice of the rescission to the Director of ADWR, the Director of the Arizona Department of Environmental Quality and the State Real Estate Commissioner. (Sec. 1)

4. Specifies that a county BOS may rescind an adopted exemption by a majority vote. (Sec. 1)

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8. Fifty-fourth Legislature                       HB 2111

9. First Regular Session                            Version 2: Caucus & COW

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