State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2586: groundwater replenishment; water supply; credits

S/E: water supply; groundwater replenishment; credits

PRIME SPONSOR: Representative Cook, LD 8

BILL STATUS: Natural Resources, Energy & Water

                               

 

 

Summary of the Strike-Everything Amendment to HB 2586

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteEstablishes criteria relating to an assured water supply and groundwater replenishment within an Active Management Area (AMA).

History

A developer is required to obtain a determination from the State regarding the sufficiency of water supplies before land can be developed. The Director of the Arizona Department of Water Resources (ADWR) evaluates the water supplies that will be used based on the projected needs, the source of the water and the method of delivery. Within an AMA, land is prohibited from being developed if there is not a 100-year assured water supply.

When determining the depth of the water for an assured water supply, the Director of ADWR is currently required to consider: 1) the existing rate of decline; 2) the proposed withdrawals; and 3) the expected water requirements of all recorded lots that are not yet served water (A.R.S. § 45-576).

A certificate of assured water supply is required for developments that are being subdivided and sold. For the development of planned communities before being subdivided and sold, an analysis of assured water supply (analysis) is required. Pursuant to ADWR Rule, an analysis reserves water for the development for 10 years, and additional 5-year extensions are allowed if there has been a substantial capital investment or material progress on the development of the land, or if progress in developing the land has been delayed for reasons outside of the analysis holder's control (A.A.C. § R12-15-703).

The Central Arizona Water Conservation District (CAWCD) is required to replenish groundwater within an AMA in an amount equal to the AMA's groundwater replenishment obligation within three years. Groundwater can be replenished with Central Arizona Project water or water from any other lawfully available source that is not groundwater from an AMA (A.R.S. § 48-3771).

Statute requires CAWCD to establish a replenishment reserve and calculate a reserve target for each AMA. The reserve target is currently calculated based on the AMA's projected 100 year replenishment obligation (A.R.S. § 48-3772).

Provisions

Analysis in the Pinal AMA

1.       States that the initial term of an analysis in the Pinal AMA is 10 years. (Sec. 1)

2.       Allows an analysis to be extended, upon application. (Sec. 1)

3.       Requires the Director of ADWR to extend the analysis for an additional five years if material progress in the land development described in the analysis has occurred during the current analysis period.  (Sec. 1)

4.       Outlines actions that the Director of ADWR is required to accept as material progress for renewals, as specified in the bill. (Sec. 1)

5.       Requires the Director of ADWR to extend the analysis for an additional 15 years if both of the following occur:

a.       ADWR has issued certificates of assured water supply for subdivided lands included in the analysis and either:

i.         The subdivided lands cumulatively include at least 50% of the land suitable for development; or

ii.       The subdivided lands include at least 50% of residential lots cumulatively; and

b.       The improved and sold lots cumulatively include at least 25% of the land suitable for development or the number of improved and sold residential lots is at least 25% of the number of residential lots. (Sec. 1)

6.       Specifies that a lot is deemed to be improved and sold when a building has been constructed and the lot has been sold. (Sec. 1)

7.       Specifies that the extension begins on the date the original analysis would have expired. (Sec. 1)

Groundwater Replenishment

8.       Removes the requirement for the Director of ADWR to consider the existing rate of decline when determining depth of water, and instead requires the following to be considered:

a.       Projected withdrawals by existing groundwater users, including expected changes in future withdrawal patterns caused by specified factors; and

b.       In the Phoenix, Pinal or Tucson AMAs, the effects of expected groundwater replenishment by a conservation district within the AMA. (Sec. 1)

9.       Prohibits the Director of ADWR from considering the expected groundwater replenishment when:

a.       Determining whether to designate or maintain the designation of assured water supply for a city, town or private water company; and

b.       The service area does not qualify as a conservation district's member service area. (Sec. 1)

10.   Requires CAWCD to calculate the reserve target by adding together the projected replenishment obligation for each of the 100 years following submission of the plan of operation. (Sec. 2)

Miscellaneous

11.   Defines terms. (Sec. 1)

12.   Makes technical and conforming changes. (Sec. 1,2)

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16.   Fifty-fourth Legislature                       HB 2586

17.   First Regular Session                            Version 1: Natural Resources, Energy & Water

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