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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
VETOED
assured water supply; commingling
Purpose
Allows the Director of the Arizona Department of Water Resources (ADWR), when determining physical availability for a designation or certification of assured water supply, to consider only the source of the water supply, regardless of whether the water is commingled with other sources of water supply.
Background
A person who proposes to offer subdivided lands for sale or lease in an active management area (AMA) must apply for and obtain a certificate of assured water supply from the Director of ADWR or obtain a commitment for water service from a city, town or private water company with a designation of assured water supply. To acquire a certificate of assured water supply, a subdivider must demonstrate: 1) that the proposed source of groundwater, surface water or effluent of adequate quality will be legally, physically and continuously available to meet proposed water needs for at least 100 years; 2) that any projected groundwater use is consistent with the AMA's management plan and achievement of its management goal; and 3) the financial capability to build the infrastructure necessary to make water available for the proposed use (A.R.S. § 45-576).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the Director of ADWR, in determining whether sufficient groundwater, surface water or effluent of adequate quality will be continuously available to satisfy the water needs of subdivided lands in an AMA, to consider only the proposed source or sources of water supply regardless of whether the water is distributed through a water delivery system that is commingled with other sources of water supply.
2. Prohibits the Director of ADWR from requiring a subdivider that applies for a certificate of assured water supply or a commitment of water service from a water provider designated as having an assured water supply to procure or dedicate a source of supply that exceeds 100 percent of the water needed to meet the subdivider's proposed use.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that H.B. 2017 threatens to erode the water protections Arizonans rely upon, and does not measure up to the real groundwater challenges we face. H.B. 2017 would weaken and circumvent the Assured Water Supply regulations that provide consumer protection and promote sustainable water management.
House Action Senate Action
NREW 1/16/24 DPA 6-4-0-0 NREW 2/29/24 DP 4-3-0
3rd Read 1/29/24 31-27-0-0-2 3rd Read 6/12/24 16-11-3
Vetoed by the Governor 6/19/24
Prepared by Senate Research
June 20, 2024
RA /slp