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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
commercial; industrial; conservation requirements; rules
Purpose
Requires the Director of the Arizona Department of Water Resources (ADWR), by January 1, 2025, to implement water conservation requirements to the fourth and fifth management plans of each active management area (AMA) for industrial water users that meet prescribed criteria.
Background
AMAs were created in response to extreme groundwater overdraft and must comply with a series of management plans to help achieve conservation goals in each AMA. There are currently five management plans in effect for each AMA, where each sequential plan contains progressively more rigorous management requirements for agricultural, municipal and industrial water users (ADWR). For the fourth management period, lasting from 2010 to 2020, the Director of ADWR must include an irrigation water duty and may include other conservation requirements for any groundwater user. For the fifth management period, lasting from 2020 to 2025, the Director of ADWR must establish the historic annual net natural groundwater recharge for any groundwater replenishment district in an AMA (A.R.S.§§ 45-567 and 45-568).
An industrial water user is any person who withdraws groundwater for a non-irrigation use pursuant to a non-irrigation grandfathered right or general industrial use permit and includes animal and expanded animal industry use such as dairies and cattle feedlots. Industrial water users are subject to general conservation requirements such as avoiding waste and single-pass cooling, using low-flow plumbing fixtures and using low water plants for landscaping. In addition, industrial water users are subject to subsector-specific requirements. There are nine industrial subsectors, each of which outlines allowances and limitations for industrial water users in an AMA (ADWR).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the Director of ADWR, by January 1, 2025, to add conservation requirements to the fourth and fifth management plans of each initial and subsequent AMA for industrial users that:
a) are within or outside the service area of a designated service provider;
b) are located outside the service area of a municipal provider;
c) beginning on the general effective date, are not subject to any conservation requirements for industrial uses pursuant to an AMA management plan; and
d) use greater than 250 acre-feet of water per year.
2. Prohibits the fourth and fifth management plans and any modifications to either management plan, ADWR or any other political subdivision of Arizona from requiring a person who uses water for an industrial use to:
a) obtain a certificate of assured water supply;
b) enroll as member land in a multi-county water conservation district; or
c) otherwise meet a district replenishment obligation.
3. Requires conservation requirements adopted by the Director of ADWR to the fourth and fifth management plans of an AMA to include on-site water reuse, recycling and efficiency requirements.
4. Becomes effective on the general effective date.
House Action
NREW 1/30/24 DP 5-4-0-0
3rd Read 2/27/24 31-27-1-0-1
Prepared by Senate Research
March 12, 2024
RA/KP/slp