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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
assured water supply certificate; effluent
Purpose
Allows an applicant for a certificate of assured water supply (certificate) for a proposed subdivision in the Tucson, Pinal or Phoenix Active Management Area (AMA) to include effluent that is projected to be produced by the subdivision for the purposes of demonstrating legal and physical availability for the purposes of issuance of a certificate if outlined conditions apply.
Background
If a person wishes to offer subdivided lands in an AMA for sale or lease, the person must first apply for and obtain a certificate of assured water supply from the Director of ADWR or a written commitment of water service for the subdivision from a municipal or private water company with a designation of assured water supply. Assured water supply means: 1) sufficient groundwater, surface water or effluent of adequate quality will be continuously available to satisfy the water needs of the proposed use for at least 100 years; 2) the projected groundwater use is consistent with the management plan and achievement of the management goal for the AMA; and 3) 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. § 45-576).
Effluent is any water that has been collected in a sanitary sewer for subsequent treatment in a regulated facility. Such water remains effluent until it acquires the characteristics of groundwater or surface water (A.R.S. § 45-101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows an applicant for a certificate for a proposed subdivision in the Tucson, Pinal or Phoenix AMA to include any effluent that is projected to be produced by the subdivision for the purposes of demonstrating legal and physical availability of such effluent for purposes of issuance of a certificate if all such effluent will be, either alone or in combination:
a) used directly to meet water demand of water uses associated with the subdivision; or
b) recharged in the same subbasin where the proposed subdivision is located.
2. Makes technical and conforming changes.
3.
Becomes effective on the general effective
date.
House Action
NREW 2/13/24 DPA 5-4-1-0
3rd Read 2/27/24 31-27-1-0-1
Prepared by Senate Research
March 12, 2024
RA/SDR/slp