Chapter 0272 - 551R - H Ver of SB1366

House Engrossed Senate Bill

remediated water; groundwater; use

(now: remediated groundwater use; date; extension)

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

CHAPTER 272

SENATE BILL 1366

AN ACT

AMENDING LAWS 1997, cHAPTER 287, SECTION 52, AS AMENDED BY LAWS 1999, cHAPTER 295, SECTION 50; RELATING TO WATER.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Laws 1997, chapter 287, section 52, as amended by Laws 1999, chapter 295, section 50, is amended to read:

Sec. 52. Amendment of assured water supply rules; definition

A. For each calendar year until 2025 2050, the use of up to an aggregate of sixty-five thousand acre-feet of groundwater withdrawn within all active management areas pursuant to approved remedial action projects under CERCLA or title 49, Arizona Revised Statutes, except for groundwater withdrawn to provide an alternative water supply pursuant to section 49-282.03, Arizona Revised Statutes, shall be considered consistent with the management goal of the active management area as prescribed in section 45-576, subsection I L, paragraph 2, Arizona Revised Statutes.

B. The use of an amount of groundwater withdrawn pursuant to approved remedial action projects under CERCLA or title 49, Arizona Revised Statutes, except for groundwater withdrawn to provide an alternative water supply pursuant to section 49-282.03, Arizona Revised Statutes, in excess of the aggregate volume of sixty-five thousand acre-feet of groundwater authorized in subsections A and C of this section shall be considered consistent with the management goal of the active management area as prescribed in section 45-576, subsection I L, paragraph 2, Arizona Revised Statutes, in the following amounts:

1. If the groundwater is withdrawn in the second management period, seventy-five per cent percent of the total volume withdrawn in excess of the aggregate volume of sixty-five thousand acre-feet of groundwater authorized in subsections A and C of this section.

2. If the groundwater is withdrawn in the third management period, fifty per cent percent of the total volume withdrawn in excess of the aggregate volume of sixty-five thousand acre-feet of groundwater authorized in subsections A and C of this section.

3. If the groundwater is withdrawn in the fourth management period, twenty-five per cent percent of the total volume withdrawn in excess of the aggregate volume of sixty-five thousand acre-feet of groundwater authorized in subsections A and C of this section.

4. If the groundwater is withdrawn in the fifth management period, ten per cent percent of the total volume withdrawn in excess of the aggregate volume of sixty-five thousand acre-feet of groundwater authorized in subsections A and C of this section.

5. If the groundwater is withdrawn after 2025, zero per cent percent of the total volume withdrawn in excess of the aggregate volume of sixty-five thousand acre-feet of groundwater authorized in subsections A and C of this section.

C. A municipal water provider who that proposes to use groundwater withdrawn pursuant to an approved remedial action project under CERCLA or title 49, Arizona Revised Statutes, and who that wishes to have the director of water resources determine that the use of some or all of the municipal provider's projected groundwater withdrawals are consistent with the management goal pursuant to subsection A or B of this section shall apply for this determination prior to before January 1, 2010. The amount of groundwater for which the use is determined to be consistent with the management goal pursuant to this section shall not exceed the amount that the municipal provider is legally obligated to withdraw or use and shall not extend beyond 2025 2050. The aggregate volume authorized by the director pursuant to subsection A of this section shall not exceed sixty-five thousand acre-feet in any calendar year.

D. Not later than January 1, 2001, the director of water resources shall amend the rules adopted pursuant to section 45-576, subsection H, Arizona Revised Statutes, to carry out the purpose of this section. Prior to before the amendment of these rules, the director of water resources shall treat any groundwater withdrawn pursuant to an approved remedial action project under CERCLA or title 49, Arizona Revised Statutes, as consistent with the management goal as provided in subsections A, B and C of this section.

E. For annual remediated groundwater withdrawals of 250 acre-feet or less that are withdrawn pursuant to an approved remedial action under CERCLA, the water quality assurance revolving fund program or other applicable federal or state law, except for groundwater withdrawn to provide an alternative water supply pursuant to section 49-282.03, Arizona Revised Statutes, the amount of groundwater withdrawn shall not be debited against the water provider's assured water supply mined groundwater account and shall not be subject to a replenishment obligation. An annual user of 250 acre-feet or less of remediated groundwater shall notify the department of water resources of compliance with the exemption and these uses shall not apply in calculating the 65,000 acre-feet per year total prescribed by subsection A of this section.

F. For the purposes of this section, "CERCLA" has the same meaning prescribed in section 49-201, Arizona Revised Statutes.