ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: NREW DPA 6-4-0-0

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HB 2027: subsequent AMAs; assured water supply

Sponsor: Representative Griffin, LD 19

Caucus & COW

Overview

Outlines requirements regarding the establishment of a subsequent active management area (AMA) that includes a proposed subdivision previously subject to an adequate water supply ordinance adopted by a county or municipality.

History

The Groundwater Management Code (Code) was enacted in 1980 and established the statutory framework to regulate and control the use of  groundwater (SOS). 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 where specific regulations regarding withdrawal and use of groundwater apply (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).

The Code’s Assured and Adequate Water Supply Program requires a developer to provide information on a proposed subdivision’s water supplies to ADWR before the land can be offered for sale or lease. Specific requirements apply depending on whether the subdivision is inside or outside an AMA. In some cases, the subdivision may be subject to a local mandatory adequate water supply ordinance if one has been adopted by a city, town or county.  (A.R.S. § 9-463.01, 11-823 and 45-576).

There are currently six AMAs (Douglas, Phoenix, Pinal, Prescott, Tucson and Santa Cruz) and three INAs (Haraquahala, Hualapai and Joseph City) (ADWR).

Provisions

1. Specifies that the requirements of an ordinance adopted by either a municipality or a county do not apply to any portion of a proposed subdivision that is included within the boundaries of a subsequent AMA. (Sec. 1)

2. Specifies 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 a proposed subdivision located within a subsequent AMA is deemed to have an assured water supply if it received an adequate water supply determination from ADWR prior to the effective date of the subsequent AMA. (Sec. 1)

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

5. States that, in a county that adopts an ordinance and becomes a subsequent AMA:

a) any ordinance that references an adequate water supply must be treated as an assured water supply; and

b) any subdivision that is determined to have an adequate water supply by ADWR is deemed to have an assured water supply. (Sec. 2)

6. Makes technical changes. (Sec. 1)

Amendments

Committee on Natural Resources, Energy & Water

1. Adds an emergency clause.

2. Makes a technical change.

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                        HB 2027

Initials EB/KK          Page 0 Caucus & COW

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