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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
groundwater replenishment; member lands; areas
Purpose
Allows a municipal provider that submits an application for a new designation of assured water supply in the Phoenix Active Management Area (AMA) to elect for parcels of member land to retain a replenishment obligation.
Background
For each active AMA in which member lands or member service areas are or may be located, the water conservation district (district) must replenish groundwater in an amount equal to the groundwater replenishment obligation for that AMA. If a parcel of member land is included in the service area of a municipal provider that is not a member service area but that has been designated as having an assured water supply, the parcel of member land has no parcel replenishment obligation, and the district has no groundwater replenishment obligation attributable to that parcel of member land for as long as the designation remains in effect. Additionally, if a parcel of member land is included in the service area of a municipal provider that is a member service area and that has been designated as having an assured water supply, the parcel of member land has no further parcel replenishment obligation (A.R.S. § 48-3771).
For each AMA in which member lands or members service areas are or may be located, a groundwater replenishment obligation is the total of the cumulative parcel replenishment obligation of all parcels of member land in the AMA for a particular calendar year plus the cumulative service area replenishment obligation of all members service areas in that AMA for a particular calendar year. A parcel replenishment obligation, with respect to any particular parcel of member land, is an amount of groundwater that is equal to the amount of groundwater delivered to the parcel of member land in a calendar year multiplied by the percentage that the excess groundwater of the applicable member land for that year bears to the total amount of groundwater delivered to the applicable member land during that year (A.R.S. § 48-3701).
Statute outlines the qualifications of member land, including the: 1) real property must be located in an AMA; 2) real property is not in a member service area or in a groundwater replenishment district; 3) real property is not a water district member land or a parcel of water district member land; 4) conditions regarding achieving the AMA management goal are satisfied; and 5) owner of the real property, or other person or entity, such as a property owners' or homeowners' association, if the person or entity has proper authority, records a declaration that has been approved by the district against the real property in the office records of the county as outlined (A.R.S. § 48-3774).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a municipal provider that submits an application for a new designation of assured water supply in the Phoenix AMA to elect for parcels of member land to retain a replenishment obligation.
2. Requires the district to replenish groundwater in an amount equal to the obligation applicable to that parcel of member land.
3. Requires the municipal provider, if a municipal provider's service area contains member lands and the municipal provider applies to become designated as having an assured water supply, to notify the district at the time of applying to become a member service area or revising a member service area agreement and before the final decision and order of designation by the Arizona Department of Water Resources whether it chooses to assume the member lands' replenishment obligation under the municipal provider's designation or member service area.
4. Prohibits new member lands from being enrolled within the municipal provider's service area after the order of designation is issued.
5. Requires the designation of assured water supply, if a municipal provider chooses to allow the member land to retain the member land's replenishment obligation, to provide that the member land must remain member land for 10 years after the date of the designation of assured water supply.
6. Allows the Director of the Arizona Department of Water Resources, at the end of the first 10 years of the designation of assured water supply, to require in that designation or in any subsequent modification of that designation of assured water supply that parcels of member land within the municipal provider's service area be identified by the municipal provider and that:
a) at least one-third become incorporated within the municipal provider's service area by the end of the first 5-year period thereafter;
b) at least two-thirds incorporated within the municipal provider's service area at least at the end of the 10-year period thereafter; and
c) only remaining parcels become incorporated within the municipal provider's service area by the end of 15 years thereafter.
7. Requires the parcels of member land and a replenishment district, on identification and reduction of the parcels of member land by the municipal provider, to have no further replenishment obligation.
8. Allows the municipal provider to reduce member lands by amounts greater than prescribed.
9. Applies the modified requirements to designations of assured water supply that are issued after the effective date.
10. Makes conforming changes.
11. Becomes effective on the general effective date.
Amendments Adopted by the Committee
1. Adds the ability for a municipal provider that applies for a new designation of assured water supply in the Phoenix AMA to elect for parcels of member land to retain a replenishment obligation, and requires the district to replenish groundwater in an amount equal to the obligation applicable to that parcel of member land.
2. Adds the requirement for the municipal provider, if a municipal provider's service area contains member lands and the municipal provider applies to become designated as having an assured water supply, to notify the district at the time of applying to become a member service area or revising a member service agreement and before the final decision and order of designation by ADWR whether it chooses to assume the member land's replenishment obligation.
3. Makes conforming changes.
Senate Action
NREW 2/8/24 DPA 4-3-0
Prepared by Senate Research
February 12, 2024
RA/slp