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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
assured water supply; analysis; availability
Purpose
Requires the Director of the Arizona Department of Water Resources (ADWR), for the purposes of issuing a certificate of assured water supply (certificate), to accept an analysis, as defined, as a valid demonstration of physical availability for the volume of groundwater stated, if the outlined conditions are met.
Background
An 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 of the active management area; 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).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the Director of ADWR, for the purposes of issuing a certificate under rules adopted by the Director of ADWR, to accept an analysis as a valid demonstration of physical availability for the volume of groundwater stated in the analysis, after reducing the volume of groundwater stated in the analysis by the amount of groundwater represented by all certificates issued in reliance on the analysis, if the:
a) Director of ADWR issued the analysis by May 31, 2023;
b) analysis has not expired; and
c) analysis includes a determination of physical availability of groundwater.
2. Allows an applicant for a certificate that holds an analysis as prescribed, after the general effective date, to submit a sworn statement to ADWR in which the applicant agrees to reduce the remaining volume of groundwater reserved by the analysis by 15 percent after the Director of ADWR grants a certificate.
3. Requires the Director of ADWR, if the Director of ADWR receives a sworn statement, to grant the applicant a certificate.
4. Requires the Director of ADWR, for each new certificate issued in reliance on an analysis of assured water supply issued, to issue the certificate using the water demand assumption in use by the Director of ADWR when the application for a certificate was submitted.
5. Requires the analysis, when a certificate is issued, to be reduced by the volume of groundwater using the same water demand assumption the Director of ADWR used when the analysis was originally issued.
6. Requires the difference used when the application for a certificate is first submitted and the water demand assumptions used to issue the original analysis to remain physically available for further subdivision development in the service area of the designated provider serving the analysis land.
7. Defines analysis as a determination by the Director of ADWR pursuant to rules adopted by the Director of ADWR that one or more criteria required for a certificate have been demonstrated for a development.
8. Becomes effective on the general effective date.
House Action
NREW 1/30/24 DPA 5-4-0-0
3rd Read 2/28/24 31-27-1-0-1
Prepared by Senate Research
March 19, 2024
RA/slp