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REFERENCE TITLE: adequate water supply; designation; standards |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2595 |
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Introduced by Representative Gabaldón
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AN ACT
amending section 45-108, Arizona Revised Statutes; relating to waters.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 45-108, Arizona Revised Statutes, is amended to read:
45-108. Evaluation of subdivision water supply; definitions
A. In areas outside of active management areas established pursuant to chapter 2, article 2 of this title, the developer of a proposed subdivision, including dry lot subdivisions, regardless of subdivided lot size, prior to before recordation of the plat, shall submit plans for the water supply for the subdivision and demonstrate the adequacy of the water supply to meet the needs projected by the developer to the director. The director shall evaluate the plans and issue a report on the plans.
B. The director shall evaluate the proposed source of water for the subdivision to determine whether there is an adequate water supply for the subdivision, and shall forward a copy of the director's report to the state real estate commissioner and the city, town or county responsible for platting the subdivision.
C. The director may designate cities, towns and private water companies as having an adequate water supply by reporting that designation to the water department of the city or town or private water company and the state real estate commissioner.
D. As an alternative to designation under subsection C of this section, the director may designate a city or town that has entered into a contract with the United States secretary of the interior or a county water authority established pursuant to chapter 13 of this title for permanent supplies of Colorado river water for municipal and industrial use as having an adequate water supply if all of the following apply:
1. The city or town has entered into a contract with each private water company that serves water within the city or town to provide Colorado river water to those private water companies.
2. The Colorado river water for which the city or town has contracted is sufficient together with other water supplies available to the city or town and the private water companies that serve water within that city or town to provide an adequate supply of water for the city or town.
3. The director finds that new subdivisions within the city or town will be served primarily with Colorado river water by the city or town or one of the private water companies that serve water within that city or town.
E. The director shall not require a developer to submit plans for the water supply pursuant to subsection A of this section if either:
1. Both of the following apply:
(a) The developer has obtained a written commitment of water service from cities, towns or private water companies that have been designated as having an adequate water supply.
(b) That city, town or private water company has been designated as having an adequate water supply pursuant to subsection C of this section.
2. All of the following apply:
(a) The city or town has been designated as having an adequate water supply pursuant to subsection D of this section.
(b) The developer has obtained a written commitment of water service from the city or town or a private water company that serves water within that city or town.
(c) The developer has obtained the written concurrence of the city or town that has been designated.
F. The director may revoke a designation made pursuant to this section when the director finds that the water supply may become inadequate.
G. The state of Arizona and the director or department shall not be liable for any report, designation or evaluation prepared in good faith pursuant to this section.
H. If the director receives written notice from the board of supervisors of a county that it has adopted the provision authorized by section 11‑823, subsection A, the director shall give written notice of the provision to the mayors of all cities and towns in the county. A city or town that receives the notice shall comply with section 9‑463.01, subsections J, K, L, M and N.
I. For the purposes of determining adequate water supply:
1. Water is legally available if the water supply designated by the developer for the proposed use may lawfully be fully used by that developer for that purpose for at least one hundred years. In determining legal availability:
(a) Unquantified federal reserved water rights that are not held by the developer are deemed to be unavailable for any proposed use by the developer that is subsequent to the priority date of the federal reserved water right.
(b) For a water supply provided by a private water company, A certificate of convenience and necessity does not independently demonstrate the legal availability of any water supply from the private water company.
2. Water is physically available if there is a sufficient water supply for the proposed use such that the proposed use will have no detrimental impact on existing uses for at least one hundred years. If the DEPARTMENT determines that the proposed use will have a DETRIMENTAL impact on one or more existing uses, the DEPARTMENT shall find that water for the proposed use is not physically available.
I. J. For the purposes of this section, "adequate water supply" means both of the following:
1. Sufficient groundwater, surface water or effluent of adequate quality will be continuously, legally and physically available to satisfy the water needs of the proposed use for at least one hundred years.
2. The financial capability has been demonstrated to construct the water facilities necessary to make the supply of water available for the proposed use, including a delivery system and any storage facilities or treatment works. The director may accept evidence of the construction assurances required by section 9‑463.01, 11‑823 or 32‑2181 to satisfy this requirement.
Sec. 2. Applicability; adequate water supply designations in certain cities, towns and counties
Section 1 of this act applies to requests for designations of adequate water supply that are not finally issued before January 1, 2019 and that are proposed in a county that has adopted the provision authorized by section 11‑823, subsection A, Arizona Revised Statutes, or a city or town located in that county or in a city or town that has adopted the provision authorized by section 9‑463.01, subsection O, Arizona Revised Statutes.