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Arizona Municipal Water Users Association Legislative Summary






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AMWUA Legislative Tracking Sheet
Printable Version

HOUSE

Bill1 Sponsor Description AMWUA
Position
Last Action
HB2010: ASRS; political subdivision entities Ugenti-Rita This bill would prevent entities such as AMWUA from providing Arizona State Retirement System benefits to employees hired after the bill's effective date. This bill has been introduced in previous sessions and AMWUA has opposed it. The Management Board voted to recommend opposition to this legislation. OpposePassed out of the House Committee of the Whole on 2/23/17
HB2020: boards; directors; conflict of interest Lawrence This bill adds a new clause to the conflict of interest statute that could keep AMWUA Board members from being able to participate in city council votes appropriating money to AMWUA. AMWUA is working with the sponsor since it appears that the sponsor's intent may not be captured appropriately in the current language of the bill. MonitorAssigned to the House Government Committee
HB2036: groundwater permits; technical correction Thorpe This bill makes two minor technical corrections to a statute dealing with permits to withdraw poor quality groundwater. AMWUA staff is monitoring this bill because it could be a possible vehicle for a striker bill. The rules in the House of Representatives for this session require all striker amendments to be germane to the subject matter of the original bill. Monitor
HB2112: multi-county water district; directors; elections Finchem and 8 others This bill changes the requirements for a person to serve on the board of directors for multi-county water districts such as the Central Arizona Project. This bill would essentially prevent a CAP employee or the spouse of a CAP employee from serving on the Board of Directors. On March 13th, this bill was amended in committee to remove a requirement that would have required candidates for the CAP Board to have their party designation denoted on the ballot for elections. MonitorPassed the Senate as amended on 4/26/17. Passed the House on 5/8/17. Signed by the Governor on 5/10/17.
HB2130: water quality; maximum daily load Bowers The Maximum Daily Load program is administered by ADEQ to help impaired lakes and streams meet water quality standards for their intended uses. The program applies to impaired waters listed by the state in accordance with the federal Clean Water Act. Under the program, ADEQ submits to the EPA a list of waters and a schedule to establish the total maximum daily load (i.e. amount of pollutant) every two years. This bill would require ADEQ to submit a report to the Governor, House Speaker, and Senate President detailing progress under the program by September 1st of each year. MonitorPassed out of the House Rules Committee on 2/6/17
HB2143: public contract; procurement Leach and seven others This bill sets new requirements on municipalities for obtaining public bids. These requirements include water and sewer work. The bill would require advertising for bids if the work exceeds $25,000 including materials and equipment. OpposeAssigned to the House Federalism, Property Rights, and Public Policy Committee
HB2179: municipalities; counties; intergovernmental agreements; requirements Ugenti-Rita This bill would require a city, town, or county to limit the duration of intergovernmental agreements to eight years, and to extend agreements by reviewing them in a public hearing. The bill also requires governing bodies to review and as needed reaffirm in a public hearing all agreements that are in place as of the effective date of the bill. Although the bill includes exceptions, none are relevant to water-related agreements. Each AMWUA city holds long-term contracts for CAP water. Many of the AMWUA cities are parties to long-term leases to receive water held by another entity. There is concern that this bill could impact water-related intergovernmental agreements to which AMWUA's members are parties. OpposeRetained on House Committee of the Whole calendar on 2/22/17
HB2193: groundwater resource management; task force Cobb This bill creates a task force comprising members of the Legislature and several representatives of different stakeholder groups. The task force would establish a framework for a property development credit program to encourage the donation, acquisition and use of land for conservation areas that would support the maintenance of groundwater and other ecological resources. Under this concept, a party could receive development credits to offset water use and development impacts on private developable land in exchange for donating or transferring property for conservation areas. These credits could be purchased and sold to different parties. The task force would submit a report to the Governor and Legislature by the end of 2017. AMWUA staff understands that this bill arises out of concerns from some individuals in Mohave County. MonitorAssigned to the House Rules Committee
HB2231: desalination; study committee Shooter This bill establishes a nine-member desalination study committee comprising members of the Legislature and subject matter experts. The committee would collect information on desalination within Arizona, review data from desalting plants in operation, and study opportunities for desalination projects in Arizona. Some have expressed the concern that this bill potentially dilutes the efforts and purpose of the Governor's Water Augmentation Council. MonitorAssigned to the House Rules Committee
HB2317: partisan offices; districts; cities; schools Lawrence This bill requires that ballots include party designations listed alongside candidates for several elected offices including elections for the CAP Board. Currently, elections for the CAP Board are non-partisan and take place only in a general election. This bill would require CAP Board elections to take place in both a primary and general election with each candidate's party designation listed on the ballot. AMWUA staff believes CAP elections should remain non-partisan because of the importance of water being a non-partisan issue. OpposeAssigned to the House Government Committee
HB2330: water augmentation systems; tax credit Campbell and two others This bill introduces a tax credit for the installation of a "Residential Water Augmentation System," which is defined as either a rainwater harvesting system or a residential graywater system. The tax credit is equal to 25 percent of the cost of the system up to a maximum of $1,000. The tax credit would be available from through January 1, 2026. The bill limits the annual amount for the tax credit that the state can allow to $250,000. A similar tax credit for graywater systems was effective for tax years 2007 through 2011, although some have questioned how effective it was at incentivizing graywater use. AMWUA staff recommends supporting this bill as a means of encouraging efforts to reuse and conserve water. SupportPassed out of the House Ways and Means Committee on 2/15/17
HB2482: subdivider public reports & certificates of assured water supply Petersen Within the state's Active Management Areas, a subdivider or developer must demonstrate that there is a 100-year supply of water before a developer can build. Unless the water utility that serves the proposed development independently meets this requirement, the individual subdivider must get a certificate of a 100-year assured water supply from ADWR. Under current law, this certificate is specific to the subdivider, not the lands. As amended, this bill would allow a subsequent subdivider to rely on a previously issued certificate if the relevant platting entity determines that certain conditions are met. Among other things, this includes a requirement that there are no changes to the plat, water service is available to each lot, and each lot is enrolled as a CAGRD member land. Since ADWR has agreed to this amendment, the AMWUA Management Board recommended that AMWUA change its position from opposition to monitor. MonitorPassed the Senate as amended on 4/24/17. Passed the House on 5/8/17. Signed by the Governor on 5/10/17.
HB2499: facilities relocation; public utility easements Weninger This bill would require a municipality or county to reimburse a utility if the municipality or county requires movement of facilities constructed within a public utility easement. The affected utility would be entitled to reimbursement unless an existing agreement provides otherwise. The bill contains procedures for how reimbursement of costs would occur. In cases when the move is to a location outside the existing easement, the municipality or county must award the utility with equal land rights in the new location. Furthermore, the bill requires the municipality to assign the utility a permanent land right in the right-of-way that is equal to a public utility easement. The bill prohibits adjustment or relocation except when the municipality or county is the lead government agency for a project. MonitorHeld in the House Rules Committee on 2/23/17
HJR2002: lower Colorado basin; forbearance authority Barton and 14 others Over the past several months, the United States and Mexico have been negotiating a new minute agreement regarding deliveries of Colorado River water to Mexico. This Joint Resolution authorizes the Director of ADWR to enter into forbearance agreements that implement the terms of the minute agreement. The Joint Resolution gives the Director authority to forebear water pursuant to these agreements if the United States and Mexico enter into a minute agreement in which Mexico agrees to reduce its deliveries of Colorado River water in the same years that deliveries of Colorado River water to Arizona are reduced due to shortage. Furthermore, the authorization is conditional on the minute allowing Lower Basin State entitlement holders to form partnerships with Mexico for the purpose of storing additional water supplies in Lake Mead known as Intentionally Created Surplus. The authority to enter into any agreement expires on December 31, 2017. SupportSigned into law on 3/2/17
HJR2003: Colorado River allocation; management Barton and 13 others This resolution recognizes that 2017 is the 95th anniversary of the 1922 Colorado River Compact, which is one of the primary documents that governs the Law of the River. It is understood this resolution is also meant to be a placeholder for approving Arizona's participation in the Drought Contingency Plan (DCP), if agreement is reached for how DCP would be implemented in Arizona. Monitor

SENATE

Bill1 Sponsor Description AMWUA
Position
Last Action
SB1124: Arizona water protection fund; appropriation Griffin This bill appropriates $500,000 for fiscal year 2018 from the state general fund for the Arizona Water Protection Fund. The Arizona Water Protection Fund is a state-run program that funds projects to protect and enhance water quality and quantity in Arizona's rivers, streams, and riparian areas. Some of these efforts include revegitation, erosion control, channel stabilization, research, and water conservation. As a result of the benefits of the program to Arizona's water supplies, AMWUA staff recommends supporting the bill. SupportPassed the Senate on 2/22/17. Passed the House Rules Committee on 5/01/17.
SB1165: exempt wells; capital costs Fann and Campbell Under the provisions of the Groundwater Code, a landowner in an Active Management Area may drill a small exempt well for domestic uses. However, under the Code an exempt well may not be drilled if any part of the land is within one hundred feet of a designated municipal provider's system. One exception to this rule is if a landowner shows that it is more economical to drill an exempt well than connect to the municipal drinking water system. This bill would add to this exception the requirement that a landowner provide to ADWR at least three estimates of the total capital costs for the drilling of an exempt well. AMWUA staff understands that this bill arises out of concerns from the City of Prescott where certain well drillers have provided landowners with unrealistically low bids in order to meet the requirements for drilling an exempt well. A few of the AMWUA cities have experienced similar challenges. While this bill may not completely end the practice, it will expose some of the questionable tactics to circumvent the Code's requirements. SupportAssigned to the Senate Natural Resources, Energy, and Water Committee
SB1184: appropriation; Arizona geological survey Griffin This bill appropriates $941,000 from the General Fund to the Arizona Geological Survey (AGS) for fiscal year 2018. The AGS collects, records, maintains and makes available old and new data on the geologic materials and processes in Arizona. This includes data that is vital to understanding groundwater pumping issues, subsidence, and water quality issues in Arizona. Passed the Senate on 2/23/17. Passed the House on 5/4/17. Signed by the Governor on 5/8/17.
SB1280: groundwater; extinguishment credits; Pinal AMA Smith and four others This bill would prevent the Director of ADWR from adopting or implementing any rule in the Pinal AMA that would reduce the amount or quantity of credits for the extinguishment of irrigation grandfathered rights to less than the full amount of the right. The bill would be retroactive. This bill would increase groundwater mining in the Pinal AMA. AMWUA opposed an identical version of this bill last legislative session. OpposeBill failed in Senate Natural Resources, Energy, and Water Committee on 2/13/17
SB1309: groundwater; extinguishment credits; Pinal AMA Barton Under this proposed striker amendment, this bill would prevent the Director of ADWR from adopting or implementing any rule in the Pinal AMA that would reduce the amount or quantity of credits for the extinguishment of irrigation grandfathered rights to less than the full amount of the right. The bill would be retroactive. This bill would increase groundwater mining in the Pinal AMA. AMWUA opposed an identical version of this bill last legislative session. A similar bill, S.B. 1280, failed in the Senate Natural Resources, Energy, and Water Committee on 2/13/17. OpposePassed out of the House Rules Committee on 4/17/17
SB1412: surface water; adjudication sequence Griffin This bill outlines the sequence of claims that the Superior Court over the General Stream Adjudication must address. In its amended form, the bill requires the determination of water rights of all small water use claims in any specific subwatershed to be deferred until all other claims are determined by the Superior Court. The bill furthermore requires the determination of any claimant's small water use claim to be in conjunction with the claimant's other claims in the same subwatershed. The bill states that the Superior Court overseeing the Adjudication is not precluded from approving settlements of small water use claims at any time. MonitorPassed the House as amended on 4/17/17. Passed the Senate on 4/20/17. Signed by the Governor on 4/24/17
SJR1001: Colorado River allocation; management Griffin This Senate Joint Resolution recognizes that 2017 is the 95th anniversary of the 1922 Colorado River Compact, which is one of the primary documents that governs the Law of the River. It is understood that this resolution is also meant to be a placeholder for approving Arizona's participation in the Drought Contingency Plan (DCP), if agreement is reached for how DCP would be implemented in Arizona. Access Resolution here: https://apps.azleg.gov/BillStatus/BillOverview/69113 MonitorAssigned to the Senate Natural Resources, Energy, and Water Committee
SJR1003: lower Colorado basin; forbearance authority Griffin and two others Over the past several months, the United States and Mexico have been negotiating a new minute agreement regarding deliveries of Colorado River water to Mexico. This Joint Resolution authorizes the Director of ADWR to enter into forbearance agreements that implement the terms of the minute agreement. The Joint Resolution gives the Director authority to forebear water pursuant to these agreements if the United States and Mexico enter into a minute agreement in which Mexico agrees to reduce its deliveries of Colorado River water in the same years that deliveries of Colorado River water to Arizona are reduced due to shortage. Furthermore, the authorization is conditional on the minute allowing Lower Basin State entitlement holders to form partnerships with Mexico for the purpose of storing additional water supplies in Lake Mead known as Intentionally Created Surplus. The authority to enter into any agreement expires on December 31, 2017. Access Resolution here: https://apps.azleg.gov/BillStatus/BillOverview/69239 SupportPassed the Senate Committee of the Whole on 2/27/17. A Resolution with the same language was signed into law by the Governor on 3/2/17: see HJR 2002


I Hyperlink connects to the State Legislature's website for the bill where you can find sponsor information, bill text, amendments, votes and the status history of the bill.