ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: NREW DP 6-4-0-0

HB 2186: remedial groundwater incentive; brackish groundwater

Sponsor: Representative Kolodin, LD 3

House Engrossed

Overview

Establishes procedures to withdraw remedial groundwater within an Active Management Area (AMA).

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 (A.R.S. §§ 45-411, 45-411.03, 45-431 , 45-554).

The Code’s Assured and Adequate Water Supply Program requires a developer to provide information on a proposed subdivision’s water supplies to Arizona Department of Water Resources (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. There are currently six AMAs (Douglas, Phoenix, Pinal, Prescott, Tucson and Santa Cruz) and three INAs (Harquahala, Hualapai and Joseph City) (A.R.S. § 45-576)(ADWR).

Brackish groundwater is groundwater with concentrations of total dissolved solids (TDS) of 1,000 to 10,000 milligrams per liter (mg/L). TDS measures the combined content of all contaminants contained in drinking water. It is often considered a salinity measure because it captures the presence of dissolved inorganic salts like sodium, calcium, magnesium, chlorides, sulfates and bicarbonates. TDS levels are addressed under the National Secondary Drinking Water Regulations of the Safe Drinking Water Act. These regulations are not mandatory but serve as guidelines to help public water systems manage drinking water for aesthetic, cosmetic and technical considerations (42 U.S.C. § 300g-1)(40 C.F.R § 143.1)(40 C.F.R § 143.3)

Provisions

Remedial Groundwater

1.   Designates the use of remedial groundwater by a person with or applying for a certificate or designation of assured water supply as consistent with the management goal of the AMA where the remedial groundwater is withdrawn. (Sec. 2)

2.   Specifies the criteria that must be met for the use of remedial groundwater to be excluded from management goal requirements. (Sec. 2)

3.   Allows a person to submit an application to the ADWR Director (Director) for a determination if the person's use of remedial groundwater is consistent with the management goal of the AMA. (Sec. 3)

4.   Instructs the Director to calculate the annual amount of remedial groundwater that is consistent with the management goal upon the Director's approval of an application. (Sec. 3)

5.   Requires the Director to adopt specified rules pertaining to the application process. (Sec. 3)

6.   Requires a person who withdraws remedial groundwater to:

a)   meter the remedial groundwater withdrawals;

b)   report the annul amount of remedial groundwater withdrawn; and

c) include the purposes for which the remedial groundwater was used. (Sec. 3)

7.   Requires a person that is withdrawing or using remedial groundwater that meets the definition of a hazardous substance to provide a written notice to the Director within a specified timeframe that includes:

a)   the annual volume of remedial groundwater to be withdrawn from each well;

b)   the total amount of remedial groundwater in the relevant area that meets the definition of hazardous substance;

c) the time period that the remedial groundwater will be withdrawn and used;

d)   the anticipated or actual start date of withdrawals or use;

e)   the purpose by which the remedial groundwater will be used;

f) a copy of the qualified document that approves the person's withdrawal and use of remedial groundwater;

g)   the person to which the remedial groundwater will be pledged; and

h)   the name and telephone number of the person that can be contacted regarding the withdrawal or use. (Sec. 3)

Miscellaneous

8.   Expands the definition of hazardous substance to include groundwater that contains an amount of TDS between 1,000 and 10,000 milligrams per liter. (Sec. 4)

9.   Modifies the definition of inert material. (Sec. 4)

10.  Broadens the definition of remedial action. (Sec. 5)

11.  Excludes remedial groundwater that meets the definition of hazardous substance from being disclosed in the specified notice relating to a proposed remedial action plan. (Sec. 6)

12.  ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDefines pertinent terms. (Sec. 1)

13.  Makes technical and conforming changes. (Sec. 1, 4-6)

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17.                    HB 2186

18.  Initials EB/IG      Page 0 House Engrossed

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