ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: NREW DP 7-5-0-1-0-0

HB 2880: assured water supply; availability; plats

Sponsor: Representative Roberts, LD 11

Caucus & COW

Overview

Modifies the criteria that must be considered when determining if water is physically available for a designation of assured water supply (DAWS) in the Pinal Active Management Area (AMA).

History

Assured Water Supply

An assured water supply means all the following:

1) Sufficient groundwater, surface water or effluent of adequate quality that will be continuously available to meet proposed water needs for at least 100 years;

2) Projected groundwater use is consistent with the management plan and achieving the management goal for the AMA; and

3) Demonstrating the financial capability to build the facilities necessary to make water available for the proposed use (A.R.S. § 45-576(L)).

Arizona Administrative Code details additional criteria that the ADWR Director must follow when determining whether enough water is physically available to meet proposed uses (R12-15-716).

Municipalities and private water companies in AMAs can be designated as having an assured water supply by the ADWR Director if they meet criteria established in rule (A.R.S. §§ 45-576(D) and 45-576(E)).

Someone who wants to offer subdivided lands for sale or lease in an AMA must receive a certificate of assured water supply (CAWS) from ADWR by demonstrating that they meet the assured water supply criteria. That person can become a member in the Central Arizona Groundwater Replenishment District to demonstrate that their proposed groundwater use is consistent with the AMA's management plan and goal. A municipality or county will not approve that subdivision plat, and the State Real Estate Commissioner will not authorize the sale or lease of the subdivided lands, without a CAWS unless the subdivider has received a water service commitment from a municipality or private water company that is designated as having an assured water supply (A.R.S. § 45-576).

Someone can assign a CAWS to another person if certain statutory criteria are met. One of these criteria is that there must not be any material change in the subdivision plat since the certificate was issued, including any increase in the total number of housing units or the total water demand for the subdivision (A.R.S. § 45-579(A)).

Underground Water Storage and Credits

Statute allows someone to store and save water underground if they have obtained the appropriate permit (A.R.S. § 45-802.01). Those who store water underground for over a year and meet additional statutory requirements can earn long-term storage credits (LTSCs) that are credited to a long-term storage account (A.R.S. § 45-852.01). LTSCs can be recovered in the future for various uses, including demonstrating an assured water supply (A.R.S. § 45-855.01).

Provisions

1. For an application to modify or renew a DAWS in the Pinal AMA:

a) Prohibits the ADWR Director from reviewing the physical availability of groundwater that was considered physically available in the previous DAWS determination;

b) Forbids the physical availability of groundwater that was considered physically available under the previous DAWS from being grounds for objection; and

c) Establishes that the following are considered physically available for a DAWS:

i. Stored water that is annually recovered by an applicant with a storage permit in an area of impact;

ii. Stored water that an applicant will recover within the area of impact through LTSCs pledged to the DAWS; and

iii. Physically available water that will be stored within the area of impact annually or as LTSCs in the future.

Ø Declares that LTSCs pledged to a DAWS are physically available only for the provider who holds those credits. (Sec. 1)

2. Modifies one of the criteria that the ADWR Director must consider when determining whether to approve an application to assign a CAWS to another person as follows:

a) There has not been any material change in the subdivision plat, plan or map, except for an increase in the total number of housing units, provided there is no increase in the subdivision's total water demand. (Sec. 2)

3. Specifies that, for any AMA, increasing the number of housing units in a subdivision does not constitute a material change for a CAWS holder's platted subdivision. (Sec. 3)

4. Defines area of impact. (Sec. 1)

5. Makes technical changes. (Sec. 2)

8. ---------- DOCUMENT FOOTER ---------

9. HB 2880

10. Initials PAB Page 0 Caucus & COW

11.

12. ---------- DOCUMENT FOOTER ---------