ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: NREW DPA 5-4-0-0

HB 2589: assured water supply; analysis; availability

Sponsor: Representative Dunn, LD 25

Caucus & COW

Overview

Establishes criteria for the Arizona Department of Water Resources (ADWR) Director to accept an analysis of assured water supply (analysis) as a valid demonstration of physical availability of groundwater to meet the estimated demand of a proposed development.

History

A person proposing to develop land that will not be served by a designated provider may apply for an analysis before applying for a certificate of assured water supply (Certificate). An applicant for an analysis must be the owner of the land or have the written consent from the owner.

The ADWR Director must issue an analysis if an applicant demonstrates:

1) sufficient supplies of water are physically available to meet all or part of the estimated water demand of the development for 100 years;

2) sufficient supplies of water are continuously and legally available to meet the estimated water demand of the development for 100 years;

3) the proposed sources of water are of adequate quality;

4) any proposed groundwater use is consistent with the management plan in effect at the time of the application; or

5) any proposed groundwater use is consistent with the management goal (A.A.C. R12-15-703).

Provisions

1. Requires the ADWR Director to accept, for the purpose of issuing a Certificate, an analysis as a valid demonstration of physical availability for the volume of groundwater after reducing the volume of groundwater stated in the analysis by the amount of groundwater represented by all Certificates issued in reliance on the analysis, if the analysis:

a) was issued by the ADWR Director by May 31, 2023;

b) has not expired; and

c) includes a determination of physical availability of groundwater. (Sec. 1)

2. Defines analysis to mean a determination by the ADWR Director that one or more criteria required for a Certificate have been demonstrated for a development. (Sec. 1)

Amendments

Committee on Natural Resources, Energy & Water

1. Requires the ADWR Director to issue a Certificate using the current water demand assumption rather than the water demand assumption used for the initial analysis.

2. Outlines water demand assumption calculations that would apply to further subdivision development in the service area of the designated provider.

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6. HB 2589

7. Initials EB/BSR Page 0 Caucus & COW

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