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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
subsequent AMAs; assured water supply
Purpose
Outlines exemptions for subdivisions and proposed subdivisions located in subsequent active management areas (AMA) regarding adequate water supply ordinances and adequate water reports.
Background
Statute exempts,
from the prohibition of a final plat's approval unless an adequate water supply
has been determined or the subdivider has obtained a written commitment of
water service from a city, town or private water company designated as having
an adequate water supply, a:
1) proposed subdivision that the Director of the Arizona Department of Water
Resources (ADWR) has determined will have an inadequate water supply if the Director
of ADWR (Director) grants an exemption for the subdivision and the exemption
has not expired; and 2) proposed subdivision that received final plat approval
from the municipality before the requirement for an adequate water supply
became effective in the municipality if the plat has not been materially
changed since it received the final plat approval (A.R.S.
§ 9-463.01).
An adequate water supply means that : 1) sufficient groundwater, surface water or effluent of adequate quality will be continuously, legally and physically available to satisfy the water needs of the proposed use for at least 100 years; and 2) the financial capability has been demonstrated to construct the water facilities necessary to make the supply of water available for the proposed use, including a delivery system and any storage facilities or treatment works (A.R.S. § 45-108).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Exempts, from the prohibition of a final plat's approval unless an adequate water supply has been determined or the subdivider has obtained a written commitment of water service from a city, town or private water company designated as having an adequate water supply, any:
a) portion of a proposed subdivision that is located in a municipality that adopts an adequate water supply ordinance and that is included in a subsequent AMA;
b) portion of a proposed subdivision that is located in a county that adopts an adequate water supply ordinance and that is included in a subsequent AMA; or
c) subdivision that is located in a subsequent AMA and that has been issued an adequate water report by the Director before the effective date of a subsequent AMA.
2. Exempts a subdivision that is located in a subsequent AMA and that has been issued an adequate water report by the Director of ADWR before the effective date of a subsequent AMA from the requirement to obtain a certificate of assured water supply.
3. Exempts, from the prohibition of approval of a final plat for a subdivision composed of subdivided lands located outside of an AMA by the county board of supervisors' general regulations, any portion of a proposed subdivision that is located in a county that adopts an adequate water supply ordinance and that is included in a subsequent AMA.
4. States that, on the effective date of the AMA, any ordinances that were adopted pursuant to outlined prohibitions do not apply to that portion of the proposed subdivision that is located in the subsequent AMA.
5. Requires, in any county that has adopted an adequate water supply ordinance that becomes an AMA, any ordinance that references an adequate water supply to be treated as an assured water supply.
6. Exempts any subdivision for which the Director has issued an adequate water report before the effective date of a subsequent AMA from the requirement to obtain a certificate of assured water supply.
7. Exempts a person who proposes to offer subdivided lands for sale or lease in a subsequent AMA from the outlined requirement to obtain an assured water supply if the person has received an adequate water report from the Director by the effective date of the subsequent AMA.
8. Makes technical changes.
9. Becomes effective on the general effective date.
House Action
NREW 1/9/24 DPA 6-4-0-0
3rd Read 2/5/24 31-26-0-0-3
(W/O emergency)
Prepared by Senate Research
February 27, 2024
RA/slp