Sponsor(s): Engel

Last Action: Awaiting committee assignment

Description: This bill would mandate that counties outside of the Active Management Areas (AMA) adopt an adequate water requirement for subdivided lands within the county. Currently counties outside of an AMA have an option to adopt the mandatory adequacy provisions upon unanimous vote of the county Board of Supervisors.

Link: https://apps.azleg.gov/BillStatus/BillOverview/72772

Sponsor(s): Blanc, Chavez, Peten

Last Action: Awaiting committee assignment

Description: The Groundwater Code defines exempt wells as those with a maximum pumping capacity of less than 35 gallons-per-minute (gpm) used to withdraw groundwater for non-irrigation uses. These wells are exempt from most of the provisions of the Groundwater Code. This bill alters that criterion, changing the threshold for exemption to a maximum capacity of 20 gpm of pumping capacity.

Link: https://apps.azleg.gov/BillStatus/BillOverview/72797

Sponsor(s): Gabaldón

Last Action: Awaiting committee assignment

Description: Appropriates $500,000 for ADEQ to test public water systems for PFAS and assist systems that exceed the health advisory level determined by the U.S. EPA.

Link: https://apps.azleg.gov/BillStatus/BillOverview/72836?SessionId=122

Sponsor(s): Cobb & Biasiucci

Last Action: Awaiting committee assignment

Description: This bill would add statutory language prohibiting the transfer of any Priority 4 (P4) Colorado River water to non-“Colorado river communities.” Similar legislation was introduced in 2019 prohibiting transfers of P4 water out of Mohave and La Paz Counties. ADWR is currently reviewing an application to transfer P4 water from La Paz County to Queen Creek and is expected to make its recommendation to the Bureau of Reclamation in the coming months.

Link: https://apps.azleg.gov/BillStatus/BillOverview/73067?SessionId=122

Sponsor(s): Rep. Pierce, Bowers, Griffin, Dunn, Finchem; Sen. Fann, Allen

Last Action: Awaiting committee assignment

Description: This bill would prohibit the State of Arizona from negotiating or executing any Tribal-State gaming compacts with tribes who are involved in water rights litigation. Many if not all tribal nations are involved in the General Stream Adjudications. Negotiation of tribal gaming contracts has been underway for the past few years, as many are set to expire in 2023.

Link: https://apps.azleg.gov/BillStatus/BillOverview/73111?SessionId=122

Sponsor(s): Engel & 7 others

Last Action: Awaiting committee assignment

Description: Appropriates $100,000 for ADEQ to conduct water quality testing for lead in charter schools. ADEQ conducted a voluntary, statewide lead screening program in 2017 but did not include charter schools.

Link: https://apps.azleg.gov/BillStatus/BillOverview/73268?SessionId=122

Sponsor(s): Bowers

Last Action: Passed House NREW Committee 2/11

Description: Originally requiring the Ombudsman-Citizens’ Aide assist claimants in the General Stream Adjudication, this strike-everything amendment narrows the bill’s scope to allow local Arizona universities to represent claimants in the Adjudication with fewer legal resources available to them. Appropriates $500,000 to the University of Arizona to establish a law clinic for this purpose.

Link: https://apps.azleg.gov/BillStatus/BillOverview/73320?SessionId=122

Sponsor(s): Griffin

Last Action: Passed NREW Committee 2/4

Description: This bill modifies statute to prevent an entity with a senior water right from stopping a junior right holder from using water, unless curtailment of the junior user would produce water for the senior right holder. On February 3rd, 2020 an amendment was proposed by the bill Sponsor clarifying that to prevent curtailment, the burden of proof lies with the junior water right holder.

Link: https://apps.azleg.gov/BillStatus/BillOverview/73375?SessionId=122

Sponsor(s): Griffin, Bowers, Dunn, Nutt

Last Action: Passed House NREW Committee 2/4

Description: Adds statutory provisions that would allow an irrigator to retire irrigated acres and apply that water right to new, “substitute” lands. The substitute lands must be contiguous to the retired acres and part of the same farming unit. The irrigator must notify ADWR that the retired acres were damaged by floodwaters or, report that a “condition” (including soil quality or the shape of the farmland) exists that is limiting the efficient irrigation of those original acres and that the substitution of new land will facilitate more efficient water use.

Link: https://apps.azleg.gov/BillStatus/BillOverview/73351?SessionId=122

Sponsor(s): Griffin, Bowers, Dunn, Nutt

Last Action: Passed House NREW Committee 2/4

Description: Allows a water right holder to file a “Water Conservation Plan” with ADWR. Upon filing a plan that outlines water conservation measures that are planned or will be implemented, the water rights included in that notice would be shielded from a claim of abandonment or forfeiture. The Plan can be extended by 10-years, indefinitely. An amendment to bill on 2/4/20 included a legislative intent clause specifying that the Legislature intends the provisions to only apply prospectively.

Link: https://apps.azleg.gov/BillStatus/BillOverview/73354?SessionId=122

Sponsor(s): Engel, Campbell, Cobb, Gabaldón, Rodriguez

Last Action: Assigned to NREW Committee 2/4

Description: This bill directs ADWR to conduct a biennial assessment of watershed health throughout Arizona and to establish by 2022 a set of recommendations for how much “ecological water” is needed to sustain ecosystems, wildlife habitat, or communities that may rely on a watershed. The bill also provides for the appropriation of water for “watershed health uses,” defined as the conservation of water within a natural watercourse that supports the health of an individual watershed. Current statutes allow for the appropriation and beneficial use of water instream for fish, wildlife, and recreation purposes but not explicitly for the benefit of the watershed or ecosystem as a whole.

Link: https://apps.azleg.gov/BillStatus/BillOverview/73826?SessionId=122

Sponsor(s): Shope

Last Action: Awaiting committee assignment

Description: This measure has been introduced on behalf of the Pinal County Water Augmentation Authority (CWAA). The bill would create a statutory framework for a CWAA to levy an assessment (similar to an ad valorem property tax) on property for the purposes of financing water supply development projects that will ultimately allow that property to be eligible for a Certificate of Assured Water Supply. HB 2787 also adds to the existing statutory authorities of County Improvement Districts the ability to acquire water supplies and develop infrastructure for water conveyance, reuse, or replenishment. Finally, this bill would require ADWR to transfer a minimum of $200,000 per year of groundwater withdrawal fee monies to the Pinal CWAA. Currently, statute specifies that ADWR may transfer up to $200,000 by annual determination.

Link: https://apps.azleg.gov/BillStatus/BillOverview/74070?SessionId=122

Sponsor(s): Griffin

Last Action: Assigned to House NREW Committee 2/11

Description: The General Stream Adjudications affect any entity who uses surface water within the Little Colorado or Gila River watersheds. This includes water users who are pumping groundwater that is hydrologically connected to a river or stream, known as subflow. Many small well owners throughout the State have installed groundwater wells near surface waters and may be unknowingly pumping subflow. This bill would allow a well owner (of any size) determined to be in a subflow zone to apply to the Court to receive a water right with a priority retroactively assigned to the date that water was first withdrawn from the well. Similar proposals in the late 1990s resulted in years of litigation and were ultimately deemed unconstitutional on the basis that retroactive legislation which impacted property rights violates the due process clause of the U.S. Constitution.

Link: https://apps.azleg.gov/BillStatus/BillOverview/74106?SessionId=122

Sponsor(s): Roberts, Finchem, Shope

Last Action: Assigned to NREW Committee 2/12

Description: This measure has been introduced on behalf of the Pinal AMA Stakeholder Group; entities working to address groundwater physical availability issues in the Pinal AMA. HB 2880 would amend statute to allow a water provider in the Pinal AMA retain the volume of groundwater approved in their most recent Designation of Assured Water Supply (AWS) without any future hydrologic review. Currently, Designated water providers in all AMAs must re-demonstrate physical availability of groundwater when renewing their Designations. The bill also changes the AWS statutes to allow developers to increase the number of housing units on a subdivision plat associated with existing Certificates of AWS. Current regulations require developers to apply for a new Certificate if a plat is revised and housing units are increased by 10% or more. AMWUA staff are working with the bill sponsors and ADWR to seek clarification on provisions within the bill.

Link: https://apps.azleg.gov/BillStatus/BillOverview/74175?SessionId=122

Sponsor(s): Cobb & 7 others

Last Action: Assigned to NREW Committee 2/12

Description: This bill would allow a County Board of Supervisors to establish a new type of water management jurisdiction called a Rural Management Area if a particular groundwater basin or subbasin meet certain criteria, generally related to groundwater depletion. Rural Management Areas may develop a Management Goal, Management Plan, and voluntary or mandatory best management practices designed to reduce groundwater withdrawals in the area. The proposed Management Plan must be submitted for approval by ADWR.

Link: https://apps.azleg.gov/BillStatus/BillOverview/74191?SessionId=122