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

House Engrossed

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.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires 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.   Instructs the ADWR Director to issue new Certificates based on the current water demand assumption in use when the application for a Certificate was submitted. (Sec. 1)

3.   Stipulates that when a certificate is issued, the analysis must be reduced by the volume of groundwater using the same water demand assumption the ADWR Director used when the analysis was originally issued. (Sec. 1)

4.   States that the difference in volume between the current water demand assumption and the water demand assumption used for the initial analysis must remain physically available for further subdivision development in service areas of the designated provider serving the analysis land. (Sec. 1)

5.   Allows an applicant for a Certificate that holds an analysis to submit, after the effective date of this legislation, a sworn statement to ADWR agreeing to reduce the remaining volume of groundwater reserved by the analysis by 15% after the ADWR Director grants a Certificate. (Sec. 1)

6.   Requires the ADWR Director to grant the applicant a Certificate if the ADWR Director receives a sworn statement. (Sec. 1)

7.   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)

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11.                    HB 2589

12.  Initials EB/BSR  Page 0 House Engrossed

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