REFERENCE TITLE: home sales; water supply disclosure

State of Arizona

Senate

Fifty-fifth Legislature

Second Regular Session

2022

SB 1481

Introduced by

Senators Stahl Hamilton: Alston, Hatathlie, Steele, Terán

AN ACT

Amending title 33, chapter 4, article 2, Arizona Revised Statutes, by adding section 33-425; relating to property disclosures.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 33, chapter 4, article 2, Arizona Revised Statutes, is amended by adding section 33-425, to read:

START_STATUTE33-425. Disclosure of water supply status; recording; exemption; definition

A. Beginning January 1, 2023, a subdivider who sells one or more lots in a subdivision located outside of an active management area as established pursuant to title 45, chapter 2, article 2 shall record a document that contains a statement of water adequacy or inadequacy for that subdivision as determined pursuant to section 45-108.

B. The document prescribed in subsection A of this section shall be recorded in the office of the county recorder for the county in which the subdivision is located and shall be recorded with the plat for the subdivision. The document shall contain a legal description of the land that is subject to the subdivision plat and shall state whether the subdivision is served by a water supply that has been determined to be adequate or inadequate.

C. If, after an initial recording pursuant to this section, the department of water resources subsequently determines that a water supply for a subdivision is an adequate water supply, the department of water resources shall provide the determination to the water provider for the subdivision. The water provider shall provide written notice of that determination to the affected customers of the water provider.  Notice may be provided to the customers in the ordinary course of the water provider's business practices and is not required to be a recordable document.

D. The document recorded by the subdivider pursuant to this section shall comply with the requirements for recording documents as otherwise provided by law.

E. A subdivider that is required to provide the recorded disclosure of water adequacy statement prescribed by section 33-406 is exempt from this section.

F. For the purposes of this section, "subdivider" has the same meaning prescribed in section 32-2101.END_STATUTE