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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
false
claims; agriculture; technical correction
(NOW: groundwater replenishments; Pinal AMA)
Purpose
Allows a municipal provider that applies for a new designation of assured water supply in the Pinal Active Management Area (AMA) that relies on a member service area agreement to elect for all parcels of member land in the municipal service area to retain a replenishment obligation.
Background
Current statute requires a multi-county water conservation district to: 1) establish annually the costs and expenses to replenish groundwater with respect to all parcels of member lands and all member service areas located in each AMA; and 2) provide for the payment of all costs and expenses to replenish groundwater and the payment of operation, maintenance, replacement and administrative costs and expenses of the district. A multi-county water conservation district may also: 1) develop, construct, operate, maintain, replace and acquire permits for water storage, facilities and recovery wells for replenishment purposes; and 2) acquire, hold, exchange, own, lease, retire or dispose of water rights for the benefit of member lands and member service areas (A.R.S. § 48-3772).
For each AMA in which member lands or member service areas are or may be located, the multi-county water conservation district must replenish groundwater in an amount equal to the groundwater replenishment obligation for that AMA. A municipal provider that submits an application for a new designation of assured water supply in the Phoenix AMA that relies on a member service area agreement may elect for all parcels of member land in the municipal service area to retain a replenishment obligation. For parcels of member land that retain a replenishment obligation, the multi-county water conservation district must replenish groundwater in an amount equal to the obligation applicable to that parcel of member land (A.R.S. § 48-3771).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a municipal provider that applies for a new designation of assured water supply in the Pinal AMA that relies on a member service area agreement to elect for all parcels of member land in the municipal service area to retain a replenishment obligation.
2. Prohibits the Director of the Arizona Department of Water Resources (ADWR) or a political subdivision of Arizona from requiring owners of subdivided lands to pay for or provide a water source to reduce groundwater demands incurred off the owner's parcel as a condition of receiving a certificate of assured water supply or a written commitment of water service from a city, town or private water company that has obtained a designation of assured water supply.
3. Prohibits, for an outlined designation of assured water supply for a municipal provider, an owner of land that is subdivided after the date of designation of assured water supply from being required to provide or pay for a water source to reduce a replenishment obligation the municipal provider incurs for lands other than the owner's subdivided land.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole
2. Prohibits, for an outlined designation of assured water supply for a municipal provider, an owner of land that is subdivided after the date of designation of assured water supply from being required to provide or pay for a water source to reduce a replenishment obligation the municipal provider incurs for lands other than the owner's subdivided land.
3. Makes technical and conforming changes.
Senate Action
NR 2/18/25 DPA/SE 5-1-2
Prepared by Senate Research
February 27, 2025
SB/slp