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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: NR DP 5-3-0-0 | 3rd Read 17-12-1-0-0
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SB 1114: assured water supply; analysis; availability
Sponsor: Senator Dunn, LD 25
Caucus & COW
Overview
Requires the Director of the Arizona Department of Water Resources (Director) to accept an analysis as a demonstration of physical availability when issuing a certificate of assured water supply.
History
Certificate of Assured Water Supply
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 (Certificate) from the Director before presenting the plat for approval to the city, town or county and before the state real estate commissioner will file a public report (A.R.S. § 45-576).
A certificate of assured water supply acknowledges that there is sufficient groundwater, surface water or effluent of adequate quality that will continue to be available for at least 100 years; the water will be physically available; the applicant has legal rights to the water; the water provider or developer has the financial capability to construct the water delivery system; and the water's use is consistent with the AMA's management plan (ADWR Assured and Adequate Supplies).
An analysis of assured water supply means a determination issued by the ADWR Director stating that one or more criteria required for a certificate have been demonstrated for a development (R12-15-701).
Provisions
1. Requires the Director to accept an analysis or physical availability determination as a valid demonstration of physical availability for the volume of groundwater stated in the analysis or physical availability demonstration if:
a) the Director issued the analysis or physical availability determination on or before May 31, 2023 and;
b) the analysis or physical availability determination includes a determination of physical available groundwater. (Sec.1)
2. Mandates the Director to grant a Certificate if the Director receives a sworn statement from an applicant for a Certificate, that holds an analysis or physical availability determination, and agrees to reduce their remaining volume of reserved groundwater by 15% after receiving the Certificate. (Sec.1)
3. Requires the Director to issue Certificates using the water demand assumption in use when the application was submitted. (Sec. 1)
4. Prescribes a method to calculate a reduction in the volume of groundwater based on the water demand assumption used at the time of the issuance of the certificate and states that any difference be deemed physically available for further subdivision development that meets certain criteria. (Sec. 1)
5. Defines analysis. (Sec.1)
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9. SB 1114
10. Initials CW/TM Page 0 Caucus & COW
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