ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

 

HB 2027: subsequent AMAs; assured water supply

Sponsor: Representative Griffin, LD 19

Committee on Natural Resources, Energy & Water

Overview

Modifies requirements and exemptions relating to adequate water supply ordinances adopted by a county or municipality and modifies determinations regarding adequate and assured water supplies and proposed subdivisions located within a subsequent active management area (AMA).

History

Groundwater Code, AMAs and INAs

The Groundwater Management Code (Code) was enacted in 1980 which established the statutory framework to regulate and control the use of  groundwater (SOS). Currently, the Code is administered by the Arizona Department of Water Resources (ADWR). As part of the management framework, the Code designated five AMAs (Phoenix, Pinal, Prescott, Tucson and Santa Cruz) and three Irrigation Non-Expansion Areas (Douglas, Joseph City and Harquahala (A.R.S. §§ 45-411, 45-411.03, 45-431 and 45-554).

Based on a petition filed by the residents of Cochise County, the Cochise County Board of Supervisors called an election to be held on November 8, 2022 on whether to designate the Douglas Groundwater Basin as an AMA. Subsequently, the ballot measure was approved and the Douglas AMA was established on December 1, 2022 (ADWR).

Assured and Adequate Water Supplies

Someone who plans to sell or lease subdivided lands in an AMA must obtain a certificate of assured water supply from ADWR or obtain a commitment for water service from a city, town or private water company with a designation of assured water supply. Otherwise, a municipality or county cannot approve the subdivision plat and the State Real Estate Commissioner will not issue a public report authorizing the sale or lease of the subdivided lands. An assured water supply means:

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

2)   Any projected groundwater use is consistent with the AMA's management plan and achieving its management goal; and

3)   The applicant has demonstrated the financial capability to build the infrastructure necessary to make water available for the proposed use (A.R.S. § 45-576).

If the development is outside an AMA and sufficient water exists to support the development, a certificate of adequate water supply is issued. An adequate supply is one that will be available for current and committed uses for at least 100 years.  The 100-year supply must be physically, legally and continuously available (A.R.S. § 45-108).

 

Laws 2007, Chapter 240 authorized the board of supervisors of a county located outside an AMA to adopt, by unanimous vote, an adequate water supply ordinance (ordinance) requiring all new subdivisions to have an adequate water supply for the proposed development to be approved by the platting authority. If adopted, the provision applies countywide and may not be rescinded. In those counties that do not adopt an adequacy requirement, a city or town may adopt an adequate water supply requirement for new subdivisions (A.R.S. §11-823).

Current law exempts certain proposed subdivisions from the requirements of an ordinance if the subdivision has an exemption from the Director or the proposed subdivision received final plat approval before the ordinance became effective (A.R.S. 9-463.01).

Provisions

1.   Exempts a proposed subdivision from the requirements of an ordinance that has been adopted by either a municipality or a county if the proposed subdivision is included within the boundaries of a subsequent AMA. (Sec. 1)

2.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProvides that the exemption applies to subsequent AMAs, whether they are established by the ADWR Director or by petition and election. (Sec. 1)

3.   States that if a county that adopts an ordinance, the ordinance does not apply to proposed subdivisions located within a subsequent AMA. (Sec. 2).

4.   States that, in a county that adopts an ordinance and becomes a subsequent AMA, any ordinance that references an adequate water supply will be treated as an assured water supply and any subdivision that has been determined by ADWR to have an adequate water supply will be deemed to have an assured water supply. (Sec. 2)

5.   Makes technical changes. (Sec. 1)

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9.                     HB 2027

10.  Initials EB/KK    Page 0 Natural Resources, Energy & Water

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