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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
for-sale housing; development; groundwater replenishment
Purpose
Subject to voter approval, urges support for the building of housing developments outside of designated provider service areas where there is groundwater replenishment as required by assured water supply regulations.
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 the Arizona Department of Water Resources (ADWR) before presenting the plat for approval to the city, town or county in which the land is located. The Director of ADWR must also designate private water companies, cities and towns in AMAs where an assured water supply exists. 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) that 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 (A.R.S. § 45-576).
A subdivider is any person who offers for sale or lease six or more lots, parcels or fractional interests in a subdivision or who causes land to be subdivided into a subdivision for the subdivider or for others, or who undertakes to develop a subdivision. Subdivision or subdivided lands does not include the leasing of agricultural lands or apartments, offices, stores, hotels, motels, pads or similar space within an apartment building, industrial building, rental recreational vehicle community, rental manufactured home community, rental mobile home park or commercial building (A.R.S. § 32-2101).
The Central Arizona Groundwater Replenishment District (CAGRD) was created in the mid-1990s to help water providers and landowners comply with Arizona’s groundwater laws. CAGRD plays an important role in Arizona’s groundwater management by replenishing groundwater pumped by its members. CAGRD is not a separate entity, but rather a special function of Central Arizona Project (CAGRD).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Resolves that for-sale developments should be allowed to be built outside the service area of a designated provider if the development is enrolled in the CAGRD and the groundwater used to serve such homes is replenished as required by the Phoenix, Pinal and Tucson AMA assured water supply rules.
2. Becomes effective if approved by the voters and on proclamation of the Governor.
House Action
NREW 2/13/24 DPA/SE 5-4-0-1
3rd Read 2/28/24 31-28-0-0-1
Prepared by Senate Research
March 19, 2024
RA/KP/slp