AMWUA vigorously protects our members’ ability to provide assured, safe, and sustainable water supplies and advocates for Arizona’s continued water security.
Where We Stand On The Issues
Smart water policy and careful planning, investment, and management have enabled AMWUA’s members to build robust, reliable water supplies that support our communities and economy. It is imperative that we continue to address the issues in front of us to ensure the future viability of those supplies. Learn more about some of the issues we are working on:
Where We Stand on Legislation
2023 - Fifty-sixth Legislature - First Regular Session
Arizona Senate
SB 1079: Water treatment facilities; loan repayment
In Brief: Removes the statutory requirement that cities and towns larger than 150,000 are required to hold an election to receive approval for a WIFA loan.
Sponsor(s): Shope
Last Action: Assigned to Senate Gov 1/19
Description: Removes the statutory requirement that cities and towns larger than 150,000 are required to hold an election to receive approval for a WIFA loan. The election requirement is an unnecessary stipulation as municipal loan agreements go before publicly elected city councils. The requirement causes additional delays and expenses for cities that seek federal infrastructure funds, and only impacts municipalities above the 150,000-person threshold. AMWUA ran this legislation in 2022, and SB 1079 has been introduced on AMWUA’s behalf by Senator Shope.
SB 1257: Water resources; assistant director
In Brief: Requires ADWR to appoint an Assistant Director for coordination with WIFA
Sponsor(s): Peterson
Last Action: Held in Senate NREW 2/2
Description: Requires the Director of ADWR to appoint an Assistant Director whose exclusive duties are coordinating with WIFA and water users on water importation projects for augmentation, and projects to increase water storage.
SB 1306: Local groundwater stewardship areas
In Brief: Creates a new rural water management framework: "Local Groundwater Stewardship Areas"
Sponsor(s): Borelli & Biasiucci
Last Action: Assigned to Senate Gov 1/30
Description: SB 1306 and HB 2731 creates a new water management framework titled “Local Groundwater Stewardship Areas” (LGSA) that can be established via designation by a County Board of Supervisors, the Director of ADWR, or petition of residents within a groundwater basin if certain conditions related to groundwater depletion are met. For any LGSA that is formed, the Governor shall appoint persons to an LGSA Council that represents water users in the area. The Council is charged with establishing a Management Plan and Goal(s) for the LGSA and recommending best management practices designed to reduce groundwater withdrawals in the area. SB 1306 also establishes the Department of Water Resources Local Groundwater Stewardship Fund consisting of monies deposited from State Lottery, to support ADWR’s administration of the LGSA.
SB 1358: Homeowners’ associations; solar, water devices
In Brief: Disallows an HOA from prohibiting homeowner water conservation practices
Sponsor(s): Mendez & 5 others
Last Action: Assigned to Senate Gov 2/2
Description: Homeowners Associations (HOA) cannot prohibit the installation of a water saving device or indoor or outdoor water conservation practice. The HOA may adopt reasonable rules governing proposed water conservation practices. This bill could empower individual homeowners to convert their landscapes to desert-appropriate landscapes and make positive reductions in outdoor water use. AMWUA supported this legislation in 2022.
SB 1390: Water infrastructure finance authority; amendments
In Brief: Technical amendments to the WIFA statutes
Sponsor(s): Kerr
Last Action: Held in Senate NREW 2/9
Description: This bill makes various technical and conforming changes to the WIFA legislation that was passed in 2022. Clean up amendments include clarification that WIFA is not a public service corporation, the WIFA Board is authorized to adopt policies and guidelines regarding employee compensation, and conforming changes to align the definition of “eligible entity” for the Conservation Grant Fund with existing WIFA statutes.
SB 1439: State lands; leases; groundwater use
In Brief: Requires ASLD to collect groundwater withdrawal fees and pumping data from lessees.
Sponsor(s): Sundareshan & 2 others
Last Action: Assigned to Senate NREW 2/2
Description: Requires the Arizona State Land Department to collect annual withdrawal fees and groundwater pumping data from any lessees of ASLD agricultural lands located outside of an AMA or INA.
SB 1448: Subsequent active management area; designation
In Brief: Requires ADWR to designate groundwater basins as AMAs if certain conditions are met.
Sponsor(s): Sundareshan & 7 others
Last Action: Assigned to Senate NREW 2/2
Description: Requires the ADWR Director to designate a groundwater basin as an AMA if it is determined that AMA practices are needed to preserve the existing supply of groundwater, land subsidence is occurring, or groundwater withdrawals are threatening water quality degradation. Previously the ADWR had the discretion to designate subsequent AMAs for these reasons, not a mandate.
SB 1660: Water; effluent; credits
In Brief: Expands legal definition of effluent to allow industrial facilities to generate LTSC
Sponsor(s): Kerr & 2 others
Last Action: Assigned to Senate NREW 2/1
Description: Expands the legal definition of effluent to include wastewater generated by industrial facilities that is treated at the site of use. SB 1660 allows an industrial facility to treat and recharge its wastewater to earn effluent LTSC. The bill stipulates that LTSC earned by the industrial effluent can only be “used” at the site of storage. The AMWUA cities have serious concerns with the proposed statutory amendments, particularly the potential for this bill to incentivize industrial users to extract fossil groundwater and convert it to LTSC for sale. The bill also sets a precedent of allowing groundwater- dependent industrial users to proliferate and remove themselves from centralized water management, threatening the aquifers that municipal water providers rely upon. AMWUA opposed previous iterations of this legislation in 2022.
Arizona House
HB 2026: Appropriation; on-farm efficiency fund
In Brief: Appropriates $30 million to UofA for agricultural irrigation efficiency grants.
Sponsor(s): Dunn
Last Action: Passed House Approps 2/8
Description: Appropriates $30 million to the “On-farm irrigation efficiency fund” created in the 2022 legislative session. The Fund is administered by University of Arizona and designed to fund improvements in irrigation water efficiency. The Fund is reportedly on track to have spent the entire $30 million appropriation from the 2022 budget, offering $1,500 per AF. For more information: https://extension.arizona.edu/water-irrigation-efficiency-program
HB 2048: Assured water; small residential developments
In Brief: Requires development in unincorporated areas with 6 residences or more to obtain a Certificate of AWS
Sponsor(s): Bliss
Last Action: Assigned to House NREW 1/17. Held in Committee.
Description: The bill would require any developer who seeks a building permit for 6 or more residences in an unincorporated area of an AMA to apply for a Certificate of Assured Water Supply (AWS). This proposed concept differs from the existing AWS regulations by triggering the requirement with a building permit, rather than subdivision plat. It also requires a Certificate for rental properties, which are currently exempted from the AWS Program.
HB 2164: Subsequent irrigation; non-expansion areas; procedures
In Brief: Modifies the procedures for determination of a new Irrigation Non-Expansion Area (INA)
Sponsor(s): Stahl Hamilton
Last Action: Assigned to House NREW 1/18
Description: This measure introduces a number of modifications to the procedures for establishment of new irrigation non-expansion areas (INA). The proposal would allow ADWR to consider projected rates of groundwater withdrawal as part of the determination of a new INA. The bill also clarifies which entities are eligible to petition the State to create a new INA and requires that petitioners submit a groundwater model and hydrologic assessment using methodology approved by the ADWR Director. The language aligns with the suggested statutory changes presented by ADWR in the summer of 2017 during the Governor’s Water Solutions Conversations. The bill has been introduced successively for a number of years, and AMWUA has supported the legislation.
HB 2217: S/e appropriation; brackish groundwater studies
In Brief: Appropriates $50,000 to ADWR in FY24 to review and update studies on brackish groundwater in Arizona.
Sponsor(s): Griffin
Last Action: Passed House NREW 1/31
Description: Appropriates $50,000 to ADWR in FY24 to review and update studies on brackish groundwater in Arizona.
HB 2260: Wells; permits; spacing rules
In Brief: Requires ADWR adopt well spacing rules for wells >35 gpm outside of AMAs
Sponsor(s): Cano
Last Action: Assigned to House NREW 1/18
Description: Requires that ADWR adopt rules governing the location of new and replacement wells >35 gpm located outside of AMAs, within groundwater basins that the Director determines to be experiencing declining groundwater levels. AMWUA has historically supported legislation to this effect.
HB 2266: Groundwater pumping; measuring; reporting
In Brief: Requires measuring, monitoring and annual reporting for nonexempt groundwater wells throughout the state.
Sponsor(s): Cano
Last Action: Assigned to House NREW
Description: Requires measuring, monitoring and annual reporting for nonexempt groundwater wells throughout the state. Water users who irrigate 10 or fewer acres that are not part of a larger farming operation, or water users who pump <10 acre-feet per year for non-irrigation use are exempted from this requirement. AMWUA supported this legislation in the 2020 and 2021 sessions.
HB 2278: Well drilling; groundwater basins
In Brief: Establishes a well drilling moratorium in the Upper San Pedro and Verde Valley sub basins
Sponsor(s): Cano
Last Action: Assigned to House NREW 1/18
Description: Establishes a well drilling moratorium that prevents new wells in the Upper San Pedro and Verde Valley groundwater subbasins until the conclusion of the General Stream Adjudication unless a well is a replacement well or does not pump subflow. AMWUA adopted a “Monitor” position on this legislation in the 2020, 2021, and 2022 sessions.
HB 2323: Water augmentation fund; brackish groundwater
In Brief: Characterizes brackish groundwater desalination as an "importation" project for purposes of WIFA funding
Sponsor(s): Kolodin & 4 others
Last Action: Assigned to House NREW
Description: Currently, WIFA’s Long-Term Water Augmentation (LTWA) Fund carries a stipulation that 75% of the monies must be spent on a water supply development project that imports water from outside of Arizona. HB 2323 modifies the statutes to characterize brackish groundwater desalination as an importation project for the purposes of being eligible for this funding. Brackish groundwater desalination would already be eligible for the other 25% of LTWA Fund monies without this statutory change.
HB 2372: Colorado River water transfers; limit
In Brief: Prohibits transfers of Colorado River P4 entitlements from on-river communities
Sponsor(s): Biasiucci, Gillette, Borrelli
Last Action: Assigned to House NREW 1/18
Description: This bill prohibits transfers of Colorado River P4 entitlements from La Paz County, Mohave County, and Yuma County to other areas of the state. The pending Queen Creek transfer is exempted from this prohibition. This language was introduced in 2022 as a strike-everything amendment that faced lawmaker concerns and opposition from CAP and the development community. Additional legislative intent language has been added that characterizes transfers as an attempt to circumvent “Colorado River water reductions by replacing those reductions with transferred water.”
HB 2376: Agricultural land; foreign ownership; prohibition
In Brief: Prohibits the Arizona State Land Department from leasing agricultural state lands to an entity that is a foreign government
Sponsor(s): Biasiucci & 9 others
Last Action: Held in House LARA
Description: Prohibits the Arizona State Land Department from leasing or subleasing agricultural state lands to an entity that is a foreign government or is a subsidiary of a foreign government. This legislation is a response to the reports of Fondomonte, a Saudi Arabian company, growing alfalfa for export on state lands with no pumping restrictions.
HB 2406: Water treatment facilities; loan repayment
In Brief: Removes the statutory requirement that cities and towns larger than 150,000 are required to hold an election to receive approval for a WIFA loan.
Sponsor(s): Terech
Last Action: Assigned to House NREW 1/19
Description: Removes the statutory requirement that cities and towns larger than 150,000 are required to hold an election to receive approval for a WIFA loan. The election requirement is an unnecessary stipulation as municipal loan agreements go before publicly elected city councils. The requirement causes additional delays and expenses for cities that seek federal infrastructure funds, and only impacts municipalities above the 150,000-person threshold. AMWUA ran this legislation in 2022, and SB 1079 has been introduced on AMWUA’s behalf by Senator Shope.
HB 2438: Board of supervisors; powers; water
In Brief: Expands the authorities of a County Board of Supervisors to participate in water reuse and recharge programs
Sponsor(s): Griffin
Last Action: Passed House NREW 1/24
Description: Expands the authorities of a County Board of Supervisors to allow participation “in water reuse and recycling programs and regional wastewater recharge projects and related infrastructure.” Similar legislation was introduced last session on behalf of the Pinal County Board of Supervisors.
HB 2442: Temporary non-expansion area
In Brief: Establishes procedures for the creation of a “temporary non-expansion area” (TNA) that prohibits irrigation of new acreage for 5 years
Sponsor(s): Griffin
Last Action: Passed House NREW 1/24
Description: This bill establishes procedures for the creation of a “temporary non-expansion area” (TNA) that prohibits irrigation of new acreage for a period of 5 years. To establish a TNA, at least 50% of “irrigation users of groundwater” or 10% of registered voters residing within the groundwater basin must submit a petition to the ADWR Director. After ADWR holds a public hearing on the TNA, the establishment of the TNA will be determined by election of all registered voters within the proposed boundaries. A majority of voters must approve the formation of the TNA for the regulations to take effect.
HB 2443: Navigable stream adjudication commission; extension
In Brief: Extends the legislative authorization for the Arizona Navigable Stream Adjudication Commission (ANSAC) for four years to June 30, 2028
Sponsor(s): Griffin
Last Action: Passed House NREW 1/24
Description: This bill extends the legislative authorization for the Arizona Navigable Stream Adjudication Commission (ANSAC) for four years to June 30, 2028. The ANSAC is charged with determining which of Arizona’s rivers and streams were navigable at time of statehood. If determined to be navigable at time of statehood, the land beneath the watercourse is subject to ownership by the State to be held in public trust. If non-navigable, the watercourse is subject to ownership by the person whose property it crosses. The commission is scheduled to sunset on June 30, 2024.
HB 2448: Appropriation; groundwater; Santa Rosa canal
In Brief: Appropriates $25 million to CAIDD and MSIDD to further a settlement with the Ak-Chin Indian Community
Sponsor(s): Martinez & 2 others
Last Action: Passed House NREW 2/7
Description: Appropriates $25 million to ADWR to “distribute equally between the irrigation districts that are constructing infrastructure in furtherance of the purposes of the settlement between the [MSIDD], the [CAIDD] and the Ak-Chin Indian Community and with respect to the delivery of groundwater by the districts by means other than the Santa Rosa canal.”
HB 2535: Private property; wells; regulation; prohibition
In Brief: Precludes "municipal regulation" of an existing private well or buildings on property annexed by a city or town
Sponsor(s): Smith & 23 others
Last Action: Passed House NREW 2/7
Description: In an unincorporated area, a well drilled on private property and any buildings or structures that rely on that well are not subject to “municipal regulation” if the area is annexed by a city or town. HB 2535 has the potential for broad and significant negative impacts on public health and safety – including preventing a municipality from implementing building safety codes, fire codes, or water quality and sanitation measures in an annexed area.
HB 2590: Real estate disclosures; water; solar
In Brief: Adds requirements for disclosure for water provider information to prospective property buyers
Sponsor(s): Griffin
Last Action: Assigned to House NREW 2/6
Description: The State Real Estate Department shall require each realtor to provide information on water resources to buyers or residential property or vacant land, including if there is water service to the property, if property is served by water that is transported from elsewhere, and details about the water provider serving the property. The bill also requires notification of whether the property has solar panels that are currently under lease.
HB 2616: Subdivisions; leased properties
In Brief: Modifies the statutory definition of "subdivision" to include properties that are leased for a year or less
Sponsor(s): Bliss
Last Action: Assigned to House NREW 2/8
Description: Arizona’s Groundwater Code requires that prior to the sale of subdivided land in AMAs, an assured water supply must be demonstrated. HB 2616 removes an exemption from the definition of “Subdivision” for “leasehold offerings of one year or less.” Removing this exemption would expand the applicability of Assured Water Supply requirements to leasehold offerings of one year or less (i.e., build-to-rent properties). Rental properties such as apartments and mobile home communities would remain excluded from the definition of “subdivision.”
HB 2793: Water efficient plumbing fixtures
In Brief: Updates Arizona’s water-efficiency plumbing standards to align with criteria established by the WaterSense Program
Sponsor(s): Mathis & 6 others
Last Action: Assigned to House Committees 2/9. Did not receive a hearing.
Description: Arizona adopted water-efficiency standards for indoor plumbing fixtures in 1992 which have since been superseded by various federal laws and requirements. This bill would update Arizona’s water-efficiency standards to align with criteria established by the WaterSense Program, a public-private partnership between industry, utilities, and regulators. AMWUA drafted this legislation in 2019 and has supported it in subsequent legislative sessions.
SB 1090: Groundwater pumping; foreign ownership; prohibition
In Brief: Prohibits foreign entities from being eligible to pump groundwater
Sponsor(s): Kern
Last Action: Assigned to House NREW 1/19
Description: “A corporation or other entity in which the government of another country has a controlling interest is not eligible to pump groundwater in this state.” Controlling interest is defined as direct or indirect ownership of at least 80% of the voting shares or interests of the entity.
SB 1223: Water infrastructure; commerce grant fund
In Brief: Appropriates $8 million to the AZ Commerce Authority for a Pinal County employer
Sponsor(s): Shope
Last Action: Assigned to Senate NREW 1/26
Description: Appropriates $8 million to the “Water Infrastructure and Commerce Grant Fund” in FY24. The Fund was created in 2022 for the purpose of providing grants to eligible entities for design and construction of water infrastructure. Eligible entities are Pinal County employers with more than 250 employees, or a private water company acting on the behalf of the Pinal County company.
HB 2731: Local groundwater stewardship areas
In Brief: Creates a new rural water management framework:
Sponsor(s): Biasiucci
Last Action: Assigned to House NREW 2/9
Description: HB 2731 creates a new water management framework titled “Local Groundwater Stewardship Areas” (LGSA) that can be established via designation by a County Board of Supervisors, the Director of ADWR, or petition of residents within a groundwater basin if certain conditions related to groundwater depletion are met. For any LGSA that is formed, the Governor shall appoint persons to an LGSA Council that represents water users in the area. The Council is charged with establishing a Management Plan and Goal(s) for the LGSA and recommending best management practices designed to reduce groundwater withdrawals in the area. SB 1306 also establishes the Department of Water Resources Local Groundwater Stewardship Fund consisting of monies deposited from State Lottery, to support ADWR’s administration of the LGSA.
SB 1391: Department of environmental quality; counsel
In Brief: Modifies statute to allow ADEQ to hire its own internal and external legal representation.
Sponsor(s): Kerr
Last Action: Passed Senate NREW 2/9
Description: Most state agencies, including ADEQ, must receive legal representation from the Attorney General’s Office. This bill would add ADEQ to the list of agencies (including WIFA and ADWR) that can hire their own attorneys and contract for external representation.
SB 1438: Active management; non-expansion area; fees
In Brief: Allows ADWR to reduce fees for certification of grandfathered rights in new AMAs and INAs
Sponsor(s): Sundareshan
Last Action: Assigned to Senate Committees 2/23. Did not receive a hearing.
Description: Allows ADWR to reduce fees for the certification of grandfathered rights in Active Management Areas and Irrigation Non-Expansion Areas established after January 1, 2022 without having to pursue a Rulemaking. This would apply to the newly formed Douglas AMA and Hualapai INA.
The AMWUA Press Room
Media ContactLatest News
Arizona Republic
One state stands in way of fair Colorado River water cuts. (Hint: It isn't Arizona)Opinion: California is pitching priority-based cuts that could force 6 million Arizonans to lose all or most of their Colorado River water supply.
12 News
A 'private dispute' may forever change Arizona water law, experts sayA Nestlé plant in the Valley has an issue: it wants to produce a lot of "high-quality" creamer. But it might not have enough water to do so.
ABC15
What it takes to import Harquahala Valley groundwater during water crisisThe Harquahala Groundwater Basin is one of three in rural Arizona set aside specifically to import water to the Valley once water gets scarce.
KTAR
Sen. Mark Kelly on possible Colorado River crash: ‘It’s not going to happen’U.S. Sen. Mark Kelly said Friday he will not let the Colorado River crash amid water shortages.
Arizona Republic
Feds finalizing $250 million in water-saving measures to help drought-stricken Lake MeadThe U.S. Bureau of Reclamation is finalizing $250 million in water-saving deals that are expected to preserve up to 10 feet of Lake Mead's declining surface levels this...
Scottsdale Independent
City Council considering raising utility ratesThe Scottsdale City Council heard proposals from staff to increase water, sewer and solid waste rates during its regularly scheduled meeting March 7, though it is not scheduled to vote on the...
USA Today
Water crisis in West: Massive reservoir Lake Powell hits historic low water levelLake Powell, the nation's second-largest reservoir and one that provides water and power to millions of people in southern California, has reached its lowest levels since its first filling...
Arizona Republic
Water conservation is main concern among Arizona voters, poll showsArizona voters show an unmoving concern about environmental conservation even as other issues become more pressing, according to a bipartisan poll released Wednesday.
ABC 15
Loophole in law threatens future Arizona water supply, expert and lawmaker saysFrom Yavapai to Maricopa to Pinal counties, freestanding houses in planned communities are going up by the hundreds. But many are not for sale. They are for rent. It's a model that...
ABC 15
Phoenix looks to bolster its existing water supplies with new development policiesThe city of Phoenix wants to implement new water conservation policies for future development as it continues attracting residents, companies and big projects to the Valley.
