 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
private property; wells; regulation; prohibition
Purpose
Prohibits a well, and any buildings or structures supplied by that well, located in an unincorporated area from being subject to municipal regulation, if a municipality annexes the area containing the well.
Background
A city or town may extend or increase the corporate limits of the city or town by annexing contiguous territory. To be considered contiguous and proper for annexation, a territory must: 1) adjoin the exterior boundary of the annexing city or town for at least 300 feet; 2) be at least 200 feet wide at all points; and 3) have a distance between the location where the annexed territory adjoins the annexing city or town and the farthest point of the annexed territory that is no more than twice the maximum width of the annexed territory. A city or town may not annex territory if it would result in an unincorporated territory that is completely surrounded by the annexing city or town or a combination of other cities or towns (A.R.S. § 9-471).
Once an unincorporated area is annexed, a municipality may impose regulations on the annexed territory including fire codes or ordinances, building requirements and requirements for the installation and maintenance of public water facilities and service (A.R.S. §§ 9-276; 9-463.01; and 9-808).
An exempt well is a well that has a pump with a maximum capacity of not more than 35 gallons per minute and that is used to withdraw groundwater (A.R.S. § 45-402). A landowner may not drill an exempt well if any part of the land is within 100 feet of the operating water distribution system of a municipal provider within an Active Management Area, unless: 1) the municipal provider does not provide written verification to the landowner within 30 days after receipt of a written request for water service; 2) the total capital cost and fees for connecting the municipal distribution system exceed the costs for drilling and fully equipping an exempt well; 3) the municipal provider failed to provide within 30 days, or denied, a request for the easement across other land to connect to the municipal distribution system; or 4) the landowner provides written verification from the municipal provider that the landowner must not receive or request water service from the municipal provider while the exempt well is operational (A.R.S. § 45-454).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Private Well Regulation
1. Exempts, notwithstanding any other law, a well drilled with the consent of the well owner on private property in an unincorporated area from municipal regulation if the unincorporated area where the well is located is annexed by a city or town after the well has been drilled.
2. Prohibits a city or town from directly or indirectly:
a) making the issuance or approval of a permit contingent on a well owner connecting the well owner's well to a municipal water system; or
b) denying or failing to take timely action on a request for or approval of a permit on the basis that the well owner's well is not currently connected or must be connected in the future to a municipal water system if the unincorporated area where the well is located is annexed by the city or town after the well has been drilled.
Building or Structure Regulation
3. Prohibits, notwithstanding any other law, with the consent of the building or structure owner, a building or structure that requires water from a well drilled on private property in an unincorporated area from being required to connect to a municipal water system.
4. Prohibits a city or town from directly or indirectly:
a) making the issuance or approval of a permit related to the building or structure contingent on the owner of the building or structure connecting the building or structure to a municipal water system; or
b) denying or failing to take timely action on a request for or approval of a permit on the basis that the building or structure is not currently connected or must be connected in the future to a municipal water system if the unincorporated area where the well is located is annexed by a city or town after the well has been drilled.
Miscellaneous
5. Becomes effective on the general effective date.
House Action
NREW 1/26/23 DP 6-4-0-0
3rd Read 2/21/23 31-29-0
Prepared by Senate Research
March 14, 2023
RA/slp