ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: NREW DPA 6-4-0-0

HB 2027: subsequent AMAs; assured water supply

Sponsor: Representative Griffin, LD 19

House Engrossed

Overview

An emergency measure that outlines procedures for a proposed subdivision that is included within the boundaries of a subsequent active management area (AMA) and 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. 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, 45-554) (SOS).

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. 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 municipality or county (A.R.S. § 9-463.01, 11-823 and 45-576).

There are currently five initial AMAs (Phoenix, Pinal, Prescott, Tucson and Santa Cruz), one subsequent AMA (Douglas) and three INAs (Harquahala, 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.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteSpecifies 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 exempt from the requirement to obtain a certificate of assured water supply. (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 for which the ADWR Director has issued an adequate water report before the effective date of a subsequent AMA is exempt from the requirement to obtain a certificate of assured water supply. (Sec. 2)

6.   Specifies that any existing or proposed subdivision located in a subsequent AMA that has been issued an adequate water report by ADWR before the effective date of the subsequent AMA, is exempt from the requirement to obtain a certificate of assured water supply.  (Sec 3)

7.   Provides that the exemption applies to adequate water supply ordinances that have been adopted by a municipality or county.

8.   Makes technical and conforming changes. (Sec. 1 and 3)

9.   Contains an emergency clause. (Sec. 4)

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13.                    HB 2027

14.  Initials EB/KK    Page 0 House Engrossed

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