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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
assured water supply; legislative intent
Purpose
Expresses the Legislatures opposition to the Arizona Department of Water Resources (ADWR) rulemaking relating to the alternative path to the designation of assured water supply (ADAWS) and determines that it is contrary to Arizona statute and therefore null and void. Expresses the Legislatures opposition to any rule, regulation, policy or condition that the Governor or the Director of ADWR proposes or adopts that meets outlined conditions.
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 of assured water supply 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 Arizona Real Estate Commissioner a notice of intention to offer such lands for sale or lease, unless the subdivider has obtained a written commitment of water service for the subdivision from a designated provider.
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 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).
On August 23, 2024, ADWR issued a notice of proposed rulemaking for ADAWS. On November 22, 2024, the Governor's Regulator Review Council approved the ADAWS rulemaking with an immediate effective date upon filing with the Secretary of State and on November 25, 2024, ADWR filed its notice of final rulemaking for ADAWS with the Secretary of State (ADWR).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Expresses the Legislatures opposition to the rules proposed by ADWR on August 23, 2024, and approved by Secretary of State on November 25, 2024, and determines that it is contrary to Arizona statutory law and therefore null and void.
2. Expresses the Legislatures opposition to any rule, regulation, policy or condition that the Governor or Director of ADWR proposes or adopts that:
a) requires an applicant for a certificate or designation of assured water supply meet, provide or demonstrate more water than is necessary to satisfy the water needs of the applications proposed use for one hundred years; or
b) denies or withholds the approval or timely resolution of an application for a certificate or designation of assured water supply on the basis:
i. that any portion or all of the groundwater that the applicant is or will be relying on to satisfy a portion of the water needs of the proposed use will not be continuously available for one hundred years, if the applicant has otherwise demonstrated that the applicant has sufficient surface water, effluent or any combination of these non-groundwater supplies continuously available for the remainder of the one hundred-year period;
ii. that the applicant relies on a combination of groundwater, surface water or effluent that is or may be comingled in one or more districts, systems or service areas; or
iii. of other users well depth or unmet demand if the applicant has otherwise demonstrated that the applicant has sufficient groundwater, surface water, effluent or any combination continuously available to satisfy the water needs of the applicants proposed use for 100 years.
3. Declares that any rule, regulation, policy or condition, proposed by the Governor or Director of ADWR as outlined, is contrary to the text and legislative intent of the of the 1980 Groundwater Management Act and is accordingly void and unenforceable.
4. Declares that the Legislature determines that when an applicant submits an application for a certificate or designation of assured water supply, and the application indicates that the applicant is or will be relying on groundwater to satisfy any part or all of the water needs of the proposed use during any part or all of the 100 year period that the Director of ADWR must ascertain the maximum volume of groundwater, measured in years that the Director of ADWR deems is continuously available.
5. Declares that the Legislature determines that, if the application meets the requirements of the 1980 Groundwater Management Act and the legislative intent articulated in this resolution, the Director of ADWR has no authority to deny or withhold the issuance of a certificate or designation of assured water supply for the processing of an application.
House Action
NREW 2/14/25 DP 6-3-0-1
3rd Read 2/26/25 32-26-2
Prepared by Senate Research
March 21, 2025
SB/SN/slp