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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: NR DP 5-2-1-0 | 3rd Read 17-12-1-0-0
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SB 1523: water use; prohibition; landscaping
Sponsor: Senator Dunn, LD 25
Caucus & COW
Overview
Prohibits a municipality located in an initial active management area (AMA) from adopting or enforcing rules relating to certain plants.
History
Active Management Areas (AMAs)
There are currently 7 active management areas (AMAs) that are subject to regulation according to the Arizona Groundwater Code. There are 5 initial AMAs (Prescott, Phoenix, Pinal, Tucson and Santa Cruz) and 2 subsequent AMAs (Douglas and Willcox) (ADWR).
Current law requires the Arizona Department of Water Resources (ADWR) to adopt a series of five management plans for each AMA, beginning in 1980 and running through 2025 containing progressively more rigorous management requirements for agricultural, municipal and industrial water users. The plans include mandatory conservation programs designed to achieve reductions in groundwater withdrawals and apply to persons withdrawing, distributing or receiving groundwater. (A.R.S. Title 45, chapter 2, article 9).
Low Water Use and Drought Tolerant Plant Lists (LWUPLs)
The Low Water Use and Drought Tolerant Plant Lists (LWUPLs) is used by ADWR to regulate landscaping in medians and public rights-of-way irrigated with any amount of groundwater and in other instances as described in the Management Plans for each of the AMAs (ADWR – 2024 Phoenix AMA LWUPL).
Provisions
1. Prohibits a municipality in an initial AMA from adopting or enforcing any code, rule, ordinance, regulation that directly or indirectly requires:
a) a minimum
i. number of trees;
ii. size for trees or shrubs;
iii. percentage of irrigated ground cover;
iv. amount of turf and;
b) open space that requires irrigation beyond what is required for retention. (Sec.1)
2. States that regulating private property rights and preventing water use mandates are of statewide concern. (Sec.1)
3. Defines initial active management area. (Sec.1)
4. Prohibits a municipality in an initial AMA from adopting or enforcing any requirement that directly or indirectly establishes:
a) minimum turf requirements, except for functional turf, that are associated with public recreation use or other public spaces; and
b) the installation of plants that are not included on the low water use and drought-tolerant plant list published by ADWR. (Sec.2)
5. Defines subdivision. (Sec. 2)
Amendments
Committee on Natural Resources, Energy and Water
1. Removes the prohibition of a municipality in an initial AMA from adopting or enforcing any code, rule, ordinance or regulation that directly or indirectly requires specific heights or number or trees, shrubs or turf. (Sec.1)
2. Strikes the regulation of private property rights and the prevention of water use mandates are of statewide concern. (Sec.1)
3. Excludes stormwater drainage areas from the restrictions of functional turf requirements. (Sec.2)
4. Updates the requirement to the current management plan. (Sec.2)
5. Strikes the emergency measure. (Sec.3)
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SB 1523
Initials CW/TM Page 0 Caucus & COW
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