ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
assured water supply; analysis; availability
Purpose
An emergency measure that allows an applicant for a Certificate of Assured Water Supply (Certificate) that holds an analysis to submit a sworn statement to the Arizona Department of Water Resources (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 and requires the Director of ADWR, after receipt of a sworn statement, to grant the applicant a Certificate.
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 from the Director of ADWR before presenting the plat for approval to the city, town or county in which the land is located and before filing with the State Real Estate Commissioner a notice of intention to offer such land for sale or lease. An assured water supply means that: 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 active management area (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. ยง 45-576).
A person proposing to develop land that will not be served by a designated provider may submit an application to ADWR for an analysis of assured water supply before applying for a Certificate. For 10 years after the Director of ADWR issues an analysis: 1) if groundwater is a source of supply in the analysis and the applicant demonstrates that groundwater is physically available, the Director must consider that supply of groundwater reserved for the use of the proposed development in subsequent determinations of physical availability; and 2) if an analysis holder applies for a Certificate for a subdivision located on land included in the analysis, the Director of ADWR must presume that a criterion demonstrated in the analysis remains satisfied with respect to the subdivision, unless the Director has received contradictory evidence (A.A.C. R12-15-703).
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, 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:
a) the Director of ADWR issued the analysis by May 31, 2023; and
b) the analysis includes a determination of physical availability of groundwater.
2. Allows an applicant for a Certificate that holds an outlined analysis, after the effective date of this legislation, 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 receives an outlined sworn statement, to grant the applicant a Certificate.
4. Requires the Director of ADWR, for each new Certificate issued in reliance on an outlined analysis of assured water supply, 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 in volume between the water demand assumption the Director of ADWR 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 that one or more criteria required for a Certificate have been demonstrated for a development.
8. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Prepared by Senate Research
January 31, 2025
SB/slp