HB2022 - 562R - Senate Fact Sheet

Purpose

Requires the Cochise County Board of Supervisors (BOS), within 90 days after the signature of the Governor, to consider whether to place on the ballot for the November 2024 general election, for the residents of Cochise County that reside within the Willcox Groundwater Basin, the question of whether to establish a domestic water improvement district that would operate as outlined.

Background

When the public interest or convenience requires, the board of directors of an improvement district may order the acquisition, construction, reconstruction, maintenance or repair of waterworks, including drinking water treatment facilities, for the delivery of water for domestic purposes, and of wells, ditches, canals, channels, conduits, pipelines and siphons, together with the necessary or usual appurtenances for carrying stormwater or water from irrigation ditches, watercourses, streams or springs into, through or out of the district in, under, over or through any street, or any land of the district or any right-of-way granted or obtained for such a purpose, either within or without the district limits (A.R.S. § 48-909).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Requires the Cochise County BOS, within 90 days after the signature of the Governor, to consider whether to place on the ballot for the November 2024 general election, for the residents of Cochise County that reside within the Willcox Groundwater Basin, the question of whether to establish a domestic water improvement district that would operate as outlined.

2. Allows the outlined domestic water improvement district to be established only in the portion of the Willcox Groundwater Basin that is located within Cochise County.

3. Allows the outlined domestic water improvement district to provide for the delivery of drinking water for domestic uses, including by constructing waterworks and provide for delivery of drinking water by water hauling to residents in the Willcox Groundwater Basin that are located within the boundaries of the domestic water improvement district.

4. Allows the outlined domestic water improvement district to provide for the construction of active or passive stormwater infrastructure in the basin for the purpose of increasing groundwater recharge in the basin.

5. States that the outlined domestic water improvement district would have the powers and duties as otherwise provided by law for domestic water improvement districts.

6. Requires the Cochise County BOS to establish the proposed boundaries of the domestic water improvement district if the BOS determines that the question must be placed on the November 2024 general election ballot, and must make publicly available the boundaries of the proposed domestic water improvement district before the election.

7. States that all qualified electors who are registered to vote and reside within the boundaries of the proposed domestic water improvements districts are eligible to vote on the question prescribed.

8. Outlines information that must be stated on the ballot.

9. Establishes the domestic water improvement district if a majority of those qualified electors voting on the question approve the formation of the domestic water improvement district.

10. Deems the Cochise County BOS to be the Board of Directors of the established domestic water improvement district.

11. States that the prescribed formation election is sufficient to establish the domestic water improvement district and a petition and related procedures to establish the district is not required.

12. Adds standpipes to the definition of waterworks.

13. Allows an improvement district to be established in any unincorporated area for the purpose of constructing a domestic water delivery system for the purpose of water hauling.

14. Allows a board of directors of an improvement district, when the public interest or convenience requires, to order the acquisition, construction, reconstruction, maintenance or repair of waterworks, including wells, standpipes and drinking water facilities, for the delivery of water for domestic purposes, including delivery by way of water hauling, and of wells, dry wells, retention basins, and storing or recharging stormwater.

15. Makes technical and conforming changes.

16. Becomes effective on signature of the Governor, if emergency clause is enacted.