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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
irrigation water; assured water supply
Purpose
Allows the Director of the Arizona Department of Water Resources (ADWR) to designate a portion of a city or a town located within an active management area (AMA) that the Director of ADWR (Director) determines is making sufficient progress towards meeting the AMA's management goals for three of the five years before the filing of the application as having an assured water supply if outlined conditions are met.
Background
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; 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).
The Director must develop a management plan for each initial AMA for each
of five management periods in order to meet the management goals of each AMA.
The management goal of the Tucson, Phoenix and Prescott AMAs is safe yield by
January 1, 2025, or such earlier date as may be determined by the Director. The
management goal of the Pinal AMA is to allow development of non-irrigation uses
and to preserve existing agricultural economies in the AMA for as long as
feasible, consistent with the necessity to preserve future water supplies for
non-irrigation uses. The management goal of the Santa Cruz AMA is to maintain a
safe-yield condition and to prevent local water tables from experiencing
long-term declines (A.R.S.
§§ 45-562
and 45-563).
When a majority of the holders of title or evidence of title to lands in a designated area desire to provide for the irrigation of lands in the area, they may propose the organization of an irrigation district (A.R.S. § 48-2903).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the Director, on application to ADWR by a city or a town, to designate a portion of a city or town located in an AMA that the Director determines is making sufficient progress towards meeting the AMA's management goals for three out of the five years before the filing of the application as having an assured water supply if:
a) the portion of the city or town seeking an assured water supply designation is located entirely within an irrigation and water conservation district;
b) the city or town seeking an assured water supply designation has contracted with the irrigation and water conservation district for a term of not less than 100 years under which the city or town will receive water that the landowners in the district have the right to use on their lands and will treat and deliver the water for exclusive use on irrigation and conservation district lands for municipal use;
c) sufficient surface water or effluent of an adequate quality will be continuously available to satisfy the portion of the city's or town's proposed water needs for not less than 100 years as determined by the Director; and
d) the city or town demonstrates the financial capability to construct the water facilities, including delivery systems, storage facilities and treatment works, that are necessary to make the supply of water available for the proposed use.
2. Allows the Director to accept evidence of the statutorily outlined construction assurances to satisfy the financial capability condition.
3. Allows the Director to review the determination that a portion of a city or town has an assured water supply.
4. Allows the Director to determine that a portion of a city or town does not have an assured water supply.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2025
SB/SN/slp