Where We Stand Hero

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

2024 - Fifty-sixth Legislature - Second Regular Session

Arizona Senate

SB 1041: Groundwater savings certificate; assured water

In Brief: Create a new type of a certificate that could be used in place of a CAWS when a developer plans to sell or lease subdivided lands in an AMA.

Sponsor(s): Hoffman

Last Action:

Description: SB 1041 would create a new type of a certificate (a Groundwater Savings Certificate) that could be used in place of a Certificate of Assured Water Supply when a developer plans to sell or lease subdivided lands in an active management area (AMA).

Link: https://apps.azleg.gov/BillStatus/BillOverview/79933

SB 1056: Municipalities; counties; fee increases; vote

In Brief: Require a two-thirds vote in favor by a municipal council before any increase of any assessment, tax, or fee.

Sponsor(s): Petersen

Last Action:

Description: This bill would require a two-thirds vote in favor by the common council of a municipality or the board of supervisors of a county before any increase of any assessment, tax, or fee.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80024

SB 1081: Exemption area; assured water supply

In Brief: Allows ADWR to grant a DAWS to a part of city or town that is located in the Phoenix AMA and Buckeye Waterlogged Area if several criteria are met.

Sponsor(s): Kerr

Last Action: This bill passed Senate NREW 4-2 on January 25, 2024.

Description: SB 1081 intends to incentivize development on agricultural land within the Buckeye Water Conservation and Drainage District. Specifically, the bill would allow ADWR to designate part of city or town that is located in the Phoenix AMA and Buckeye Waterlogged Area as having an Assured Water Supply if several criteria are met. The portion designated must be entirely within an irrigation and water conservation district, the city or town must have contracted with the district for water service for at least 100 years, and the city or town will not use “new groundwater” as the basis for an AWS within the portion of its service area designated.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80510

SB 1106: State lands; leases; groundwater use

In Brief: Requires ADWR to levy an annual groundwater withdrawal fee on agricultural lessees of State Land located outside of an AMA or INA.

Sponsor(s): Sundareshan

Last Action:

Description: This bill would require ADWR to establish rules to govern an annual groundwater withdrawal fee that it will levy upon each lessee of State Land for agricultural purposes that is located outside of an AMA or INA. These lessees would be required to submit a report to ADWR each year that details the locations of any wells, the amount of groundwater withdrawn from these wells, and why the groundwater was used.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80550

SB 1107: Long-term storage accounts; credits; percentage

In Brief: Change the amount of recoverable stored water that ADWR will credit to long-term storage accounts from 95% to 70%.

Sponsor(s): Sundareshan

Last Action:

Description: This bill would change the amount of recoverable stored water that ADWR will credit to long-term storage accounts from 95% to 70%. In other words, this bill increases the so-called “cut to the aquifer” for most long-term storage from 5% to 30%.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80551

SB 1109: Water augmentation fund; appropriation; rights

In Brief: Transfers $30 million from WIFA’s to ADWR to be used to purchase and retire irrigation grandfathered rights.

Sponsor(s): Sundareshan

Last Action:

Description: This bill would transfer $30 million from WIFA’s Long-Term Water Augmentation Fund for FY 2024 to ADWR to be used to purchase and retire irrigation grandfathered rights. This bill also requires ADWR to begin purchasing and retiring these rights by the end of 2024.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80553

SB 1153: Regulatory costs; rulemaking; legislative ratification

In Brief: Requires legislative ratification for any proposed rule that will cost the state more than $500,000 within five years.

Sponsor(s): Kern

Last Action:

Description: This bill would prohibit any proposed rule that will cost the state more than $500,000 within five years from going into effect until the Legislature enacts legislation ratifying the proposed rule. An agency would be required to submit the proposed rule to the (newly created?) Administrative Rules Oversight Committee, and the Committee would submit the rule to the Legislature “as soon as practicable”. The agency is prohibited from submitting a finalized rule until the Legislature ratifies the rule, and the agency must terminate the proposed rule if the Legislature fails to ratify it within the same legislative session that it was submitted to the Committee.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80609

SB 1172: Physical availability credits; water supply

In Brief: Allows the holder of an IGR to earn a physical availability credit by permanently retiring their land if certain criteria were met.

Sponsor(s): Shope

Last Action:

Description: This bill incentivizes the retirement of agricultural land so it can be developed for residential use and thereby dramatically reduce the use of water. Specifically, this legislation would allow the holder of an irrigation grandfathered right (IGR) to earn a physical availability credit by permanently retiring their land from irrigation to future non-irrigation use if certain criteria were met. The land to be retired must have been farmed in three of the last seven years, the new non-irrigation use must remain appurtenant to the retired lands, and the groundwater is delivered by a municipal provider, which will withdraw the groundwater from within its service area.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80631

SB 1181: Groundwater replenishment; member lands; areas

In Brief: Allows a provider seeking a designation to decide whether to assume the replenishment obligation for CAGRD Member Lands within its service area.

Sponsor(s): Petersen

Last Action:

Description: As introduced, SB 1181 would allow a municipal provider that is seeking a designation to decide whether to assume the replenishment obligation for any Central Arizona Groundwater Replenishment District (CAGRD) Member Lands within its service area or whether to have the replenishment obligation remain with those Member Lands. If the provider chooses for the replenishment obligation to remain with the Member Land, the Arizona Department of Water Resources (ADWR) would have the authority to require the provider to reduce the replenishment obligations for those Member Lands 10 years after becoming designated. Specifically, the provider would be required to reduce the replenishment obligation in thirds over the next 15 years so that no replenishment obligation would remain by the end of the fifteenth year.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80648

SB 1195: Public monies; prohibited uses

In Brief: Prohibits any public entity from promoting or becoming a part of an association that promotes any of several things, including DPR/AWP.

Sponsor(s): Kern

Last Action:

Description: This bill would prohibit any public entity from promoting or becoming a part of an association that promotes (among other things) “reusing water that has touched human feces as a source of municipal drinking water”. The concurrent resolution versions of this legislation would seek to enact this prohibition through a voter referendum.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80676

SB 1221: Basin management areas; appropriation

In Brief: Establishes a type of rural groundwater management framework called a Basin Management Area.

Sponsor(s): Kerr

Last Action:

Description: This bill would establish a type of rural groundwater management framework called a Basin Management Area. These areas may only be initiated through a petition by voters who live within the groundwater subbasin or basin covered by the area. These areas may be turned into Active Basin Management Areas if there is a unanimous vote by all County Boards of Supervisors that govern land contained within the Management Area. Active Management Areas are managed by a five-person council that works in conjunction with ADWR and the State Legislature to develop a management plan for the Area and provide financial assistance for water conservation.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80711

SB 1241: Tax credit; gray water systems

In Brief: Establishes a tax credit for individuals and corporations that install a graywater system.

Sponsor(s): Shope

Last Action:

Description: This bill would establish a tax credit of up to $5,000 for both individuals and corporations that install a graywater system that complies with ADEQ regulations established in ARS § 49-204(C). This tax credit would be available for tax years 2025 through 2035.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80739

SB 1243: Groundwater sales; online exchange

In Brief: Allows those with a grandfathered right in the Phoenix, Pinal and Tucson AMAs to sell a portion of their right to anyone in these three AMAs.

Sponsor(s): Wadsack

Last Action:

Description: SB 1243, along with HB 2150, proposes to allow those with a grandfathered groundwater right in the Phoenix, Pinal and Tucson Active Management Areas (AMAs) to sell or lease a portion of their right or the groundwater itself to anyone in these three AMAs. Any groundwater right or groundwater sold leased may not be withdrawn in another sub-basin but may be transported to that basin. When a transaction occurs, the buyer lessee is entitled to receive the right to receive or withdraw 65% of the total amount of groundwater that was part of the transaction. The remaining 35% will remain with the land and cannot be pumped, used, or otherwise conveyed.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80741

SB 1245: Drinking water standards; pollutants

In Brief: Requires ADEQ to establish Aquifer Water Quality Standards for several chemicals including PFAS.

Sponsor(s): Sundareshan

Last Action:

Description: This bill would require ADEQ to establish Aquifer Water Quality Standards (AWQS) for chromium-6 (hexavalent chromium), 1,4-dioxin, and all PFAS chemicals. This bill would also remove a requirement that state regulations established by ADEQ are no more stringent than federal regulations about the same subject matter.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80743

SB 1246: Reporting; groundwater pumping; measuring

In Brief: Requires measurement and reporting by almost anyone who owns a non-exempt well outside of an AMA or INA.

Sponsor(s): Sundareshan

Last Action:

Description: This bill, along with HB 2399, would require measurement and reporting by anyone who owns a non-exempt well outside of an AMA or INA if the well withdraws more than 10 acre-feet per year for a non-irrigation use or is used to irrigate 10 or fewer acres for an irrigation use. This bill also lists the reporting requirements for the well owner.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80744

SB 1264: Colorado River; pumping; notice; objection

In Brief: Requires, as part of a notice of intent to drill an exempt well, a statement indicating that there is no objection from a public entity.

Sponsor(s): Borrelli

Last Action:

Description: SB 1264 requires, as part of a notice of intent to drill filed with the Arizona Department of Water Resources (ADWR), a statement indicating that there is no objection from a municipality, county, irrigation district, or the Mohave County Water Authority with a Colorado River entitlement when the well is an exempt well and meets several other requirements.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80766

SB 1289: DWR; hydrology reports

In Brief: Requires ADWR to provide the House and Senate NREW Committees with a copy of any hydrologic report 30 days before that report is issued.

Sponsor(s): Hoffman

Last Action:

Description: SB 1289 would require the Arizona Department of Water Resources (ADWR) and Governor to provide the House and Senate Committees on Natural Resources, Energy & Water with a copy of any report on the hydrologic conditions of an active management area (AMA) 30 days before that report is issued.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80785

SB 1325: Aquifer management; conservation; priority

In Brief: Requires ADWR to prioritize the “conservation and maintenance” of Arizona’s aquifers above all else.

Sponsor(s): Sundareshan

Last Action:

Description: This bill would require ADWR to prioritize the “conservation and maintenance” of Arizona’s aquifers above all else, followed in priority by the protection of Arizona’s “consumers” and then finally the protection of “all other users”.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80836

SB 1326: Subdivisions; assured water supply; lots

In Brief: Requires anyone who proposes to offer one or more lots for sale within an AMA to obtain a CAWS or a commitment from a Designated Provider.

Sponsor(s): Sundareshan

Last Action:

Description: This bill would require anyone who proposes to offer one or more lots, parcels, or fractional interests for sale or lease (regardless of the lease term) within an AMA to obtain a Certificate of Assured Water Supply (CAWS) or a commitment of service from a Designated Provider. In cases where approval of the plat is not required, this bill would require a CAWS or commitment of water service before a building permit may be issued. This bill would also require the plat to obtain a CAWS or commitment before it was approved for development, even in areas where approval is not required, which seems redundant. This bill would separate the existing requirement to obtain a CAWS or a commitment of service from the definition of a subdivision.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80837

SB 1327: Assured water supply; building permits

In Brief: Requires anyone who proposes to offer one or more lots for sale AMA to obtain a CAWS or a commitment of service from a Designated Provider.

Sponsor(s): Sundareshan

Last Action:

Description: This bill would require anyone who proposes to offer one or more lots, parcels, or fractional interests for sale or lease within an AMA to obtain a Certificate of Assured Water Supply (CAWS) or a commitment of service from a Designated Provider. In cases where approval of the plat is not required, this bill would require a CAWS or commitment before a building permit may be issued. This bill would separate the existing requirement to obtain a CAWS or a commitment of service from the definition of a subdivision.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80838

SB 1328: Subsequent irrigation; non-expansion areas; procedures

In Brief: Makes multiple changes to the process of initiating the designation of a subsequent INA.

Sponsor(s): Sundareshan

Last Action:

Description: This bill, along with HB 2356, would allow ADWR to consider “reasonable projections” of future irrigation groundwater use when considering whether to designate an area as a subsequent INA, rather than only considering current irrigation groundwater use. This bill also defines the acceptable amount of groundwater available for irrigation as a 100-year supply. This bill also specifies who may sign a petition to designate a subsequent INA, including someone who is the owner of irrigated land, has irrigated two or more acres in the basin in the past five years, or “is capable of irrigating the land in the future”. This bill requires these petitions to be submitted along with a numeric groundwater model and hydrologic report prepared by a professional geologist or hydrologist. Lastly, this bill states that ADWR’s final decision on the designation of a subsequent INA are not an appealable agency action but are subject to judicial review, and that after a refusal another petition to designate the area may not be submitted for three years.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80839

SB 1329: Watershed health; use; survey

In Brief: Among other things, requires ADWR to complete a survey of the status of the waters of Arizona by December 31, 2026.

Sponsor(s): Sundareshan

Last Action:

Description: This bill, along with HB 2357, would require ADWR to establish criteria to evaluate the status of the relationship between “ecological water needs”, groundwater withdrawal, and surface water appropriations in Arizona. This bill also requires ADWR to complete a survey of the status of the waters of Arizona by December 31, 2026. This survey must include an assessment of the overall health of all watersheds in the state, and a lesser assessment of the health of sub-watersheds and the health of the ecosystems they support. ADWR must also determine the appropriate steps to be taken to remedy the problems in these watersheds and recommend legislation through which to take these steps. ADWR is also required to hold public meetings and receive and publish public comments on this survey and make the survey public when it is complete. This bill also includes the same requirements for follow-up surveys and the same definitions that are included in HB 2320.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80840

SB 1339: Regulatory costs; rulemaking; ratification

In Brief: Requires legislative ratification for any proposed rule that will cost the state more than $500,000 within five years.

Sponsor(s): Carroll

Last Action:

Description: This bill, along with SB 1153, would prohibit any proposed rule that will cost the state more than $500,000 within five years from going into effect until the Legislature enacts legislation ratifying the proposed rule. An agency would be required to submit the proposed rule to the (newly created?) Administrative Rules Oversight Committee, and the Committee would submit the rule to the Legislature “as soon as practicable”. The agency is prohibited from submitting a finalized rule until the Legislature ratifies the rule, and the agency must terminate the proposed rule if the Legislature fails to ratify it within the same legislative session that it was submitted to the Committee. The more recently introduced SB 1339 would have the same effect as SB 1153, except that SB 1339 would also apply to the Arizona Corporation Commission, whereas SB 1153 exempts the ACC.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80855

Arizona House

HB 2006: Real estate; acting in concert

In Brief: Clarifies that certain activities and agreements do not constitute

Sponsor(s): Griffin

Last Action:

Description: This bill specifies that familial relationships, well-sharing agreements, road maintenance agreements, and use of the same contractor do not constitute “acting in concert” to illegally subdivide lands.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79759

HB 2007: Subdivided lands; civil penalties

In Brief: Applies the civil penalty for unlawfully selling or leasing subdivided lands to each lot where the violation occurred, rather than to each violation.

Sponsor(s): Griffin

Last Action:

Description: This bill implements a recommendation for addressing “wildcat” subdivisions made by the Governor’s Water Policy Council. This bill would apply the civil penalty for unlawfully selling or leasing subdivided lands to each lot where the violation occurred, rather than to each violation. This means that the aforementioned subdivider would be fined as much as $200,000 for illegally creating 100 lots, rather than $2,000.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79761

HB 2008: Commercial; industrial; conservation requirements; rules

In Brief: Requires ADWR to adopt rules by 2025 for commercial and industrial water users that provide for greater water efficiency, conservation, and recycling.

Sponsor(s): Griffin

Last Action:

Description: This bill requires the Arizona Department of Water Resources (ADWR) to adopt rules by 2025 for commercial and industrial water users within and outside of the service area of designated providers that provide for greater water efficiency, conservation, and on-site water reuse and recycling. This bill prohibits these rules from requiring a commercial or industrial user to obtain a Certificate of Assured Water Supply, enroll as a Member Land, or otherwise meet a replenishment obligation.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79762

HB 2009: Subdivisions; acting in concert

In Brief: Specifies that illegally subdividing lands involves dividing a parcel into six or more lots to sell or lease over a 10-year period.

Sponsor(s): Griffin

Last Action:

Description: This bill would add a time-related criteria to the “acting in concert” statutes by specifying that illegally subdividing lands involves dividing a parcel into six or more lots to sell or lease through a series of owners, conveyances or other methods over a 10-year period. It also requires someone who applies to split a parcel to acknowledge this definition of “acting in concert.” Although this bill was not technically part of the Governor’s Water Policy Council’s recommendations for “wildcat” subdivisions, the concept was discussed in the Assured Water Supply Committee’s meetings.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79757

HB 2010: Cities; towns; water reuse plans

In Brief: Allows a municipality to participate in regional water reuse and recycling programs and related infrastructure.

Sponsor(s): Griffin

Last Action:

Description: This bill would allow a municipality’s common council to participate in water reuse and recycling programs and regional wastewater recharge projects and related infrastructure. We do not currently know the intent or need for this legislation.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79760

HB 2011: Lottery; water infrastructure finance authority

In Brief: Annually appropriates $50 million from the State Lottery Fund to the Water Infrastructure Finance Authority (WIFA).

Sponsor(s): Griffin

Last Action:

Description: This bill would annually appropriate $50 million from the State Lottery Fund to the Water Infrastructure Finance Authority (WIFA). This appropriation would occur after nearly all distributions from the State Lottery Fund are made, but before any remaining fund monies are deposited into the state General Fund. This $50 million appropriation would be evenly divided between the Water Supply Development Revolving Fund and the Water Conservation Grant Fund.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79763

HB 2013: Water improvements program; nonprofit corporations

In Brief: Allows a nonprofit corporation to provide financial assistance to low-income property owners for water infrastructure projects.

Sponsor(s): Griffin

Last Action: This bill passed House NREW 6-3 on January 23, 2024.

Description: This bill would allow a nonprofit corporation to establish a water improvement program to provide finance assistance to low-income or fixed income property owners to either deepen their drinking water well or replumb their residence for a water delivery system. Although counties have the authority to establish this program, some have declined to do so because they lack the funds necessary to implement it.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79765

HB 2014: Wells; intention to drill; appropriation

In Brief: Requires ADWR to audit all notices of an intention to drill a well and report findings by 2026.

Sponsor(s): Griffin

Last Action:

Description: This bill would require the Arizona Department of Water Resources (ADWR) to audit all notices of an intention to drill to determine how many issued notices led to someone drilling a new well or deepening an existing well. The bill also lists additional information that must be collected about these wells and requires ADWR to submit a report of its findings by 2026. Finally, HB 2014 appropriates an unspecified amount of state General Fund monies to ADWR to conduct this audit.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79766

HB 2015: Subsequent water management areas; basins

In Brief: Limits who can sign a petition to ADWR to designate a subsequent INA or to designate an INA as an AMA.

Sponsor(s): Griffin

Last Action:

Description: This bill would limit who can sign a petition to the Arizona Department of Water Resources to designate a subsequent irrigation non-expansion area (INA) or designate an INA as an active management area (AMA). Specifically, this bill would require residents who sign a petition to be receiving their drinking water from the same groundwater basin or sub-basin specified in that petition. HB 2015 would also limit who can sign a petition to hold a local election to designate a subsequent AMA.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79767

HB 2016: Grandfathered right; subsequent AMA; extension

In Brief: Extends the deadline for applying for a grandfathered groundwater right in the Douglas AMA.

Sponsor(s): Griffin

Last Action: This bill passed House NREW on January 9, 2024 by a vote of 8-2.

Description: This bill is an emergency measure that would allow someone within the recently created Douglas active management area (AMA) to file an application for a grandfathered groundwater right with the Arizona Department of Water Resources (ADWR) by September 1, 2024. Within AMAs, pumping groundwater requires some to obtain a right or a permit from ADWR. A grandfathered groundwater right refers to a right pump groundwater based on the individual’s historic water usage; this pumping is essentially “grandfathered” into the AMA.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79768

HB 2017: Assured water supply; commingling

In Brief: Directs ADWR to consider any type of waters that are commingled together when making an AWS determination.

Sponsor(s): Griffin

Last Action: This amended bill passed House NREW on January 16, 2024 with a 6-4 vote.

Description: This bill would direct the Arizona Department of Water Resources (ADWR) to consider any type of waters that are commingled together when making an Assured Water Supply (AWS) determination. Since this mandate is consistent with how ADWR already evaluates different water supplies under the AWS Rules, we believe that this is a non-substantive change. However, this bill may be a placeholder for different language that addresses commingled water supplies.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79769

HB 2018: Subsequent irrigation non-expansion area; removal

In Brief: Requires ADWR to periodically review subsequent INAs to determine whether they still meet the criteria to qualify for an INA.

Sponsor(s): Griffin

Last Action:

Description: This bill would require the Arizona Department of Water Resources (ADWR) to periodically review subsequent irrigation non-expansion areas (INAs) to determine whether they still meet the criteria to qualify for an INA. ADWR would also have the authority to rescind an INA’s designation if it no longer meets these criteria. Additionally, the bill would establish a process by which local residents could petition ADWR to rescind a subsequent INA’s designation. Finally, HB 2018 would restrict who can sign a petition requesting that ADWR designate a subsequent INA to registered voters who receive their drinking water from the basin or sub-basin specified in the petition.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79770

HB 2019: Groundwater model; public inspection; challenge

In Brief: Requires ADWR to make publicly available “at no cost” all information related to groundwater models it uses for AWS determinations.

Sponsor(s): Griffin

Last Action: This amended bill passed House NREW on January 16, 2024 with a 6-4 vote.

Description: This bill would require the Arizona Department of Water Resources (ADWR) to make publicly available “at no cost” all information related to groundwater models it uses for Assured Water Supply determinations. This bill received an amendment on January 11, 2024 that requires ADWR to make public and receive public comments on the assumptions of any AMA groundwater model at least 90 days before the release of the model. This bill received a verbal amendment on January 16, 2024 that removed the requirement that ADWR create a process for the public to challenge any hydrologic model released by ADWR.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79771

HB 2020: Long-term storage; stormwater; rainwater; rules

In Brief: Allows someone to earn LTSCs by building any infrastructure that leads to increased recharge of groundwater in an AMA.

Sponsor(s): Griffin

Last Action:

Description: This bill would allow someone to earn long-term storage credits (LTSCs) by building infrastructure—including roadways and sidewalks—that leads to increased natural, incidental, or artificial recharge of groundwater in an active management area. The Arizona Department of Water Resources would be required to develop rules by 2025 that detail the criteria for this infrastructure and formula for determining how much increased recharge the infrastructure will create over its useful life when determining the amount of LTSCs earned.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79772

HB 2024: Lottery; on-farm irrigation efficiency fund

In Brief: Appropriates $50 million from the State Lottery Fund to the On-Farm Irrigation Efficiency Fund in FYs 2025 and 2026.

Sponsor(s): Griffin

Last Action:

Description: This bill would annually appropriate $50 million from the State Lottery Fund to the On-Farm Irrigation Efficiency Fund in FYs 2025 and 2026. This appropriation would occur after nearly all distributions from the State Lottery Fund are made, but before any remaining fund monies are deposited into the state General Fund. The On-Farm Irrigation Efficiency Program was created in 2022 to provide grants for farmers to adopt water-efficient drip and sprinkler systems in place of flood irrigation. It received an initial appropriation of $30 million in ARPA monies in 2022 and received $15 million more from the state General Fund in 2023. To date, this program (which is administered by the University of Arizona Cooperative Extension) has enabled more efficient irrigation on over 18,000 acres of farmlands, resulting in an annual water savings of about 36,000 acre-feet.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79776

HB 2025: Residential lease community; water; requirements

In Brief: Require applications for building permits within a residential lease community in select AMAs to obtain DAWS service or become a Member Land.

Sponsor(s): Griffin

Last Action:

Description: This bill attempts to implement the Governor’s Water Policy Council’s recommendation to fully incorporate build-to-rent developments (which are called “residential lease communities” in the bill) into the Assured Water Supply Program. It would require applications for building permits for six or more detached single-family within a residential lease community in the Prescott, Phoenix, Pinal, Tucson, and Santa Cruz AMAs to either obtain water service from the water provider with a Designation of Assured Water Supply or be located on a parcel of land that already qualifies as Central Arizona Groundwater Replenishment District (CAGRD) Member Lands. The applicant must also pay applicable fees to CAGRD. This requirement would not apply to residential lease communities that are existing or that have applied for or received zoning changes before September 30, 2024.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79777

HB 2026: Residential lease community; water; certificate

In Brief: Require applications for permits for six or more detached residences in select AMAs to either obtain a CAWS or water service from a DAWS provider.

Sponsor(s): Griffin

Last Action:

Description: This bill would require applications for building permits for six or more detached single-family residences in the Phoenix, Pinal, and Tucson AMAs to either obtain a Certificate of Assured Water Supply (CAWS) or water service from the water provider with a Designation of Assured Water Supply (DAWS). The applicant must also pay applicable fees to the Central Arizona Groundwater Replenishment District (CAGRD). This requirement would apply regardless of the proposed lease term for these single-family residences. The bill would be limited to applications submitted after September 30, 2023.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79778

HB 2027: Subsequent AMAs; assured water supply

In Brief: States that any subdivision that has already been shown to have an adequate water supply would be considered to have an assured water supply.

Sponsor(s): Griffin

Last Action: This amended bill passed House NREW on January 9, 2024 with a vote of 6-4.

Description: This bill would not require a subdivision that is within the boundaries of a county or municipality that had adopted a mandatory water adequacy ordinance to show an adequate water supply if that subdivision is included in a subsequent active management area. Any such subdivision that has already been shown to have an adequate water supply would be considered to have an assured water supply. This bill received an amendment that made grammatical changes and added an emergency clause.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79779

HB 2028: Groundwater model; unpledged storage credits

In Brief: Require ADWR, in groundwater models, to assume that any LTSCs not pledged to a current water user or AWS application will be available for use.

Sponsor(s): Griffin

Last Action: This bill was held without discussion in House NREW on January 16, 2024.

Description: This bill would require the Arizona Department of Water Resources (ADWR), when making a groundwater model to help evaluate Assured Water Supply determinations, to assume that any long-term storage credits (LTSCs) not pledged to a current water user or Assured Water Supply application will be available for use.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79780

HB 2029: Groundwater model; unpledged effluent

In Brief: Requires ADWR to assume that any effluent created within the AMA and not pledged to a specific user will be used to replace groundwater demand.

Sponsor(s): Griffin

Last Action: This bill was discussed but ultimately held in House NREW on January 16, 2024.

Description: This bill would require the Arizona Department of Water Resources (ADWR), when making a groundwater model to help evaluate Assured Water Supply determinations, to assume that any effluent created within the active management area (AMA) and not pledged to a specific user will be used to replace groundwater demand. This bill is intended to address a criticism that the Phoenix AMA groundwater model, which projected a 4% overallocation of groundwater over the next 100 years, did not fully consider how future effluent will be used.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79781

HB 2030: Cities; towns; water service; audit

In Brief: Requires cities with more than 240,000 in population to conduct a full audit that focuses on various components of their water and sewer services.

Sponsor(s): Griffin

Last Action:

Description: This bill would require Phoenix, Tucson, Mesa, Chandler, Gilbert, Glendale, and Scottsdale (cities with more than 240,000 in population) to hire an independent auditor to conduct a full rate audit and cost-of-service study that focuses on various components of their water and sewer services.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79782

HB 2055: Underground water storage; permitting

In Brief: Changes the timeframe within which ADWR reviews and issues decisions on underground water storage permits.

Sponsor(s): Dunn

Last Action:

Description: This bill would lengthen the timeframe within which ADWR is required to review applications for underground water storage permits from within 100 days to within 180 days. This bill would also shorten the timeframe within which ADWR is required to issue a decision on the permit application from within 6 months of ADWR publishing a public notice of the application to within 100 days of the public notice.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79811

HB 2056: Appropriation; on-farm efficiency fund

In Brief: Appropriate $30 million from the State General Fund for FY 25 to be used for the On-Farm Irrigation Efficiency Fund.

Sponsor(s): Dunn

Last Action: This bill passed House NREW on January 16, 2024 with a vote of 9-0.

Description: This bill would appropriate $30 million from the State General Fund for FY 225 to be used for the On-Farm Irrigation Efficiency Fund. The On-Farm Irrigation Efficiency Program was established in 2022 and is administered by the University of Arizona’s Cooperative Extension. The program provides grants and collects data for the purpose of reducing on-farm use of Colorado River water, surface water, and groundwater, while also seeking to reduce use of flood irrigation and instances of fallowing. Essentially, the program seeks to reduce water use through efficiency gains rather than reducing farmed acres.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79812

HB 2057: Appropriation; long-term water augmentation fund

In Brief: Appropriates $143.8 million from the State General Fund for FY 2024 to WIFA.

Sponsor(s): Dunn

Last Action:

Description: This bill would appropriate $143.8 million from the State General Fund for FY 2024 for WIFA’s Long-Term Water Augmentation Fund. This appropriation would also be exempt from lapsing at the end of FY 2024.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79813

HB 2058: Yuma water banking; study committee

In Brief: Establishes a committee that will develop legislation to establish a water banking authority for Yuma County.

Sponsor(s): Dunn

Last Action:

Description: This bill would establish the Yuma Area Water Banking Study Committee. This committee would consist of two Yuma-area senators and four Yuma-area representatives from the State Legislature, as well as seven members of the Yuma Area Agricultural Council, each of whom would represent one of the seven irrigation districts in Yuma County. The purpose of the committee would be to develop legislation to establish a water banking authority for the “Yuma County area” that would bank excess Colorado River water. The committee would submit a report of its findings to the Governor and State Legislature by 2025. This bill would also require ADWR to assign staff and provide services to the committee.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79814

HB 2059: Contiguous real estate; definition

In Brief: Amends the definition of “contiguous” in reference to subdivisions to include lots separated by a private road, but not a public road.

Sponsor(s): Griffin

Last Action:

Description: This bill would amend the definition of “contiguous” in reference to subdivisions to include lots, parcels or fractional interests that are separated by a private road or street. This bill also clarifies that lots separated by a public road or street are not considered contiguous.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79831

HB 2060: Irrigation non-expansion area; substitution; acres

In Brief: Allow a person who owns irrigated acres within an INA to transfer the irrigation right to equivalent acreage in the same INA.

Sponsor(s): Griffin

Last Action:

Description: This bill would allow a person who owns irrigated acres within an irrigation non-expansion area (INA) to permanently retire those acres and transfer the irrigation right to a piece of land that is the same acreage in the same INA and use the associated water for any purpose. The person must demonstrate to ADWR that the transfer of the irrigation right will not lead to a net increase in groundwater withdrawal within the INA. However, ADWR may not condition approval of the acreage substitution on groundwater withdrawal being decreased.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79832

HB 2061: Subsequent active management area; removal

In Brief: Requires ADWR to periodically review areas included within subsequent AMAs and determine whether they still meet the criteria for an AMA.

Sponsor(s): Griffin

Last Action:

Description: This bill would require ADWR to periodically review all areas that are included within subsequent Active Management Areas (AMAs) and determine whether the areas still meet the criteria for inclusion within an AMA. This bill would also require voters to obtain their drinking water from within a groundwater basin before they can vote on whether that basin should be designated as a subsequent AMA. This bill would also allow a subsequent AMA designation to be removed if ten percent of voters within the AMA sign a petition calling for the removal and then a majority of voters approve this removal in a general election.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79833

HB 2062: Assured water supply; certificate; model

In Brief: Requires ADWR to review undecided or denied applications for CAWS if the applicant requests such a review.

Sponsor(s): Griffin

Last Action:

Description: This bill would require ADWR to review undecided or denied applications for Certificates of Assured Water Supply (CAWS) if the applicant requests such a review. Only applications filed within the Phoenix AMA and between January 26, 2021 and May 31, 2023 are eligible for review. ADWR must notify all eligible applicants of the possible review within five days of the effective date of this bill, and the review must be requested within 90 days of the effective date of this bill. ADWR must issue a determination for these reviews within 15 days and must only use the 2006-2009 Salt River Valley Regional Model when conducting these reviews.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79834

HB 2063: Exempt wells; certificate; groundwater use

In Brief: Requires ADWR to issue owners of exempt wells with a “Certificate of Water Rights” that says that they are allowed to pump 35 gallons per minute.

Sponsor(s): Griffin

Last Action:

Description: This bill reiterates that owners of exempt wells are allowed to pump no more than 35 gallons per minute and requires ADWR to issue owners of exempt wells with a “Certificate of Water Rights” that says as much. This bill also clarifies that exempt well owners may not appropriate subflow or surface water out of priority and further specifies that withdrawn water is not exempt from a general stream adjudication.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79835

HB 2096: Tiny homes; construction; requirements; exemptions

In Brief: Requires that counties ensure “maximum ease” when considering the construction of residences on “residential rural land”.

Sponsor(s): Parker B

Last Action:

Description: This bill requires that counties ensure “maximum ease” when considering the construction of residences on “residential rural land”. The bill also states that counties cannot require building permits for single-family home and accessory dwelling units built on residential rural land, they meet some requirements. Counties are allowed to require the owners and/or builders of said buildings to sign an affidavit saying that they will abide by the requirements in the bill, and that they are not constructing the building with the intent of selling or leasing it.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79876

HB 2097: Gray water; definition; residential standards

In Brief: Prohibits additional regulation on graywater systems besides requirements for such systems listed in the bill.

Sponsor(s): Parker B

Last Action: This bill passed House NREW 5-4 on January 23, 2024.

Description: This bill prohibits county supervisors from putting additional regulations or zoning restrictions on use of graywater systems or on land improvements that allow for the use of graywater systems. This bill also adds a definition of a “composting toilet” to Title 49 and clarifies that a kitchen sink that includes a garbage disposal does not produce graywater. This bill also clarifies that a graywater treatment and disposal system does not constitute an on-site wastewater treatment facility. This bill prohibits a city, town or county from requiring notice or permit before a resident can use graywater if the resident meets a series of requirements that are meant to prevent the graywater from contaminating aquifers or food sources. Lastly, this bill prevents a city, town, or county from prohibiting a composting toilet on an unincorporated lot of two acres or more that is not adjacent to a city or town.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79877

HB 2099: Active management area; groundwater right

In Brief: Requires that water duty acres in AMAs that were previously INAs to be at least the highest withdrawal since the basin was designated as an INA.

Sponsor(s): Griffin

Last Action: This bill failed to pass House NREW on January 9, 2024 with a vote of 5-5.

Description: This bill would prohibit ADWR, in an AMA that had previously been an INA, from granting a water duty acre that is less than the highest annual withdrawal of the user since the basin was designated as an INA. This bill also requires ADWR to grant any person who owns legally irrigated land (in an AMA that was previously an INA) an irrigation water duty and a designation of the number of farm units that is consistent with the user’s highest annual withdrawal since the basin was designated as an INA. ADWR would be required to provide groundwater users with notice of their granted water duty and farm units and cannot charge the user any fee or require any application. The user can contest the granted water duty and farm units. Lastly, this bill states that on the effective date of the act ADWR will grant all groundwater users in the Douglas AMA an irrigation water duty consistent with this act. This is an emergency measure.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79881

HB 2100: Administrative completeness review; licensing

In Brief: States that an agency must make available a comprehensive list of items needed for an application to be deemed administratively complete.

Sponsor(s): Griffin

Last Action: This bill passed House GOV on January 17, 2024 with a vote of 7-0.

Description: This bill states that an agency must make available a comprehensive list of items needed for an application to be deemed administratively complete. This bill also states that an agency may issue a notice of deficiencies, but that even if they do so, the application is still considered administratively complete (this portion of the bill seems to conflict with the sentence that is directly before it, and which has not been removed). This bill also states that an agency cannot issue a final decision on an application that is based on items not in the comprehensive list described in the first sentence.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79882

HB 2101: Land division; applicant submissions; review

In Brief: Requires that an applicant for a land division must answer two questions related to illegal subdivision as part of the application process.

Sponsor(s): Griffin

Last Action:

Description: Requires that an applicant for a land division must answer two questions. The first question asks if them or related parties own or represent any property in the same tax parcel map or subdivision as the lots in the application. The second question asks if them or related parties have sold or leased any property within the same tax parcel map or subdivision as the lots in the application.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79883

HB 2123: Wells; water measuring devices; prohibition

In Brief: Prohibits the State from requiring a water measuring device for any well located in a basin located outside of an initial AMA or transport basin.

Sponsor(s): Smith

Last Action: This bill received a clarifying amendment and passed House NREW 5-4 on January 23, 2024.

Description: This bill prohibits the State or any political subdivision of the State from requiring a water measuring device for any well located in a basin or subbasin that is subject to a general adjudication of water rights that has not yet been completed and that is located outside of an initial Active Management Area (AMA) and outside of a basin from which groundwater can be withdrawn and transported to an AMA.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79909

HB 2127: Assured water supply certificate; effluent

In Brief: Allow a CAWS in an initial AMA to consider effluent that will be projected to be produced.

Sponsor(s): Griffin

Last Action:

Description: HB 2127 would allow a Certificate of Assured Water Supply (CAWS) in the Phoenix, Prescott, Tucson, and Santa Cruz AMAs to consider effluent that will be projected to be produced. In particular, if the proposed subdivision will use all effluent it produces, this bill will allow this effluent use to qualify as demonstrating physical availability and consistency with the management plan. ADWR would additionally be required to deem that the applicant has sufficient groundwater, and that the groundwater use is consistent with the AMA’s management plan and goal. If the applicant enrolls as a Member Land and all projected effluent that is produced by the subdivision is recharged

Link: https://apps.azleg.gov/BillStatus/BillOverview/79924

HB 2150: Groundwater sales; online exchange

In Brief: Allows those with a grandfathered right in the Phoenix, Pinal and Tucson AMAs to sell a portion of their right to anyone in these three AMAs.

Sponsor(s): Kolodin

Last Action:

Description: HB 2150 proposes to allow those with a grandfathered groundwater right in the Phoenix, Pinal and Tucson Active Management Areas (AMAs) to sell or lease a portion of their right or the groundwater itself to anyone in these three AMAs. Any groundwater right or groundwater sold leased may not be withdrawn in another sub-basin but may be transported to that basin. When a transaction occurs, the buyer lessee is entitled to receive the right to receive or withdraw 65% of the total amount of groundwater that was part of the transaction. The remaining 35% will remain with the land and cannot be pumped, used, or otherwise conveyed.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79950

HB 2182: Augmentation; Phoenix; Pinal; Tucson; AMA

In Brief: Allows the Long-Term Water Augmentation Fund to fund creation of new water sources within Arizona.

Sponsor(s): Kolodin

Last Action:

Description: This bill would change the allowable uses of WIFA’s Long-Term Water Augmentation Fund to include creating new water sources and purchasing new water or purchasing rights to use new water created within Arizona. The bill also states that the fund cannot be used to purchase water or rights to water from in-state users unless the purchase is related to the creation of new water. The bill also states that the funds can be used to construct infrastructure to convey or deliver new water created in Arizona. Lastly, the bill states that 75% of any money left in the fund for FY22, FY23, or FY24 as of the effective date of the bill must be used to supply imported or new water to users within the Phoenix, Pinal, or Tucson AMAs.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79993

HB 2184: Brackish groundwater pilot program

In Brief: Provides ADWR with more flexibility concerning their mandated brackish groundwater demonstration program.

Sponsor(s): Smith

Last Action:

Description: This bill would amend the 2023 General Appropriations Act to state that $2 million previously appropriated to ADWR for the purpose of a brackish groundwater desalination demonstration program within the AMAs can now be used for such a demonstration program anywhere within Arizona. This bill also states that ADWR may locate this demonstration program within any administrative section of ADWR, rather than within the AMA section. Lastly, this bill states that $9 million previously appropriated towards dollar-for-dollar matches for brackish water desalination projects by CAP subcontractors within AMAs can now be used for such matches anywhere within Arizona. CAP will be provided $3 for every dollar it contributes towards such programs that are within AMAs.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79997

HB 2186: Remedial groundwater incentive; brackish groundwater

In Brief: Amends the definition of a hazardous substance to include brackish groundwater.

Sponsor(s): Kolodin

Last Action:

Description: This bill would amend the definition of a hazardous substance under A.R.S. Title 49 to include groundwater with a total dissolved solids (TDS) content between 1,000 and 10,000 milligrams per liter. This bill also adds desalination of such brackish groundwater as a remedial action to be taken by relevant parties that wish to use such groundwater. This bill also makes conforming changes to include brackish groundwater as a hazardous substance that may be included in a remediation plan. This bill also states that this brackish (remedial) groundwater will be considered consistent with AMA management goals when applying for an AWS Certificate or Designation, without ADWR approval, if the applicant meets metering and reporting requirements for said groundwater. ADWR is required to create rules outlining how it will determine compliance with management goals for remedial groundwater. Applicants who wish to use such a supply in their AWS determination must provide ADWR with notice at least 120 days of notice. Lastly, this bill states that “remedial groundwater” will be metered and reported separately from “groundwater” when reporting to ADWR.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79999

HB 2195: On-site wastewater treatment facilities; permitting

In Brief: Allows small on-site wastewater treatment facilities to operate under a general APP rather than having to obtain an individual permit.

Sponsor(s): Hendrix

Last Action:

Description: This bill would allow an on-site wastewater treatment facility with a design flow between 3,000 and 75,000 gallons per day to operate under a general Aquifer Protection Permit (APP) rather than having to obtain an individual permit. The facility operator must comply with existing general permit rules, and the bill also requires ADEQ to create requirements for maintenance, monitoring, recordkeeping, and reporting that would apply to such facilities operated under a general permit.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80013

HB 2200: Groundwater transportation; Harquahala non-expansion area

In Brief: Allow a public service corporation to transport groundwater away from the Harquahala INA for use within an initial AMA.

Sponsor(s): Dunn

Last Action:

Description: This bill would allow a public service corporation that holds a Certificate of Convenience and Necessity in an initial AMA to transport groundwater away from the Harquahala INA for use within an initial AMA. This bill would also require ADWR to adopt rules to govern such transportation, as well as transportation by the state or political subdivisions of the state. This bill would require such transported groundwater to be used by the transporting entity within five years to serve its own customers and would require a transporting public service corporation to recoup fees for transport from customers of its own distribution system.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80027

HB 2201: Harquahala non-expansion area; groundwater transportation

In Brief: Allows a public service corporation to transport groundwater away from the Harquahala INA for use within an initial AMA or within La Paz County.

Sponsor(s): Dunn

Last Action:

Description: This bill would allow a public service corporation that holds a Certificate of Convenience and Necessity in an initial AMA to transport groundwater away from the Harquahala INA for use within an initial AMA or within La Paz County. This bill would also require ADWR to adopt rules to govern such transportation, as well as transportation by the state or political subdivisions of the state. This bill would require such transported groundwater to be used by the transporting entity within five years to serve its own customers and would require a transporting public service corporation to recoup fees for transport from customers of its own distribution system.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80028

HB 2214: Water treatment facilities; loan repayment

In Brief: Removes a requirement that cities with more than 150,000 people must hold a public vote before using some federal funds through WIFA.

Sponsor(s): Terech

Last Action:

Description: This bill would remove from Title 9 a requirement that cities and towns with a population of more than 150,000 must hold a public vote before the city or town may enter into a federal financial assistance loan repayment program through the Water Infrastructure Finance Authority (WIFA). This bill would also remove a similar requirement that applies to all counties.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80046

HB 2320: Watersheds; beneficial use; instream flows

In Brief: Requires ADWR to conduct watershed health surveys and allows AZGFC to acquire and lease surface water rights.

Sponsor(s): Travers

Last Action:

Description: This bill would allow the Game and Fish Commission to acquire and lease surface water rights for “watershed health uses and instream uses”. This bill also defines “watershed health uses” as water that is conserved in a natural watercourse and not otherwise used and that supports watershed health. This bill also requires ADWR to conduct a watershed health survey every three years after the initial survey (which is not described in this bill). The survey will evaluate the overall health of each watershed in the state based on hydrology, geomorphology, plant and animal biodiversity, landscape condition, and other factors. This bill also adds watershed health as a reason why a water right may be severed and transferred from the land to which it is appurtenant.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80166

HB 2355: Subsequent active management area; designation

In Brief: Requires ADWR to designate as an AMA any area that meets the AMA designation criteria.

Sponsor(s): Stahl Hamilton

Last Action:

Description: This bill would require ADWR to designate as an AMA any area that meets the AMA designation criteria. The criteria include water quality degradation from groundwater use, land fissures, and active management to preserve groundwater for future use.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80203

HB 2356: Subsequent irrigation; non-expansion areas; procedures

In Brief: Makes multiple changes to the process of initiating the designation of a subsequent INA.

Sponsor(s): Stahl Hamilton

Last Action:

Description: This bill would allow ADWR to consider “reasonable projections” of future irrigation groundwater use when considering whether to designate an area as a subsequent INA, rather than only considering current irrigation groundwater use. This bill also defines the acceptable amount of groundwater available for irrigation as a 100-year supply. This bill also specifies who may sign a petition to designate a subsequent INA, including someone who is the owner of irrigated land, has irrigated two or more acres in the basin in the past five years, or “is capable of irrigating the land in the future”. This bill requires these petitions to be submitted along with a numeric groundwater model and hydrologic report prepared by a professional geologist or hydrologist. Lastly, this bill states that ADWR’s final decision on the designation of a subsequent INA are not an appealable agency action but are subject to judicial review, and that after a refusal another petition to designate the area may not be submitted for three years.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80204

HB 2357: Watershed health; use; survey

In Brief: Among other things, requires ADWR to complete a survey of the status of the waters of Arizona by December 31, 2026.

Sponsor(s): Stahl Hamilton

Last Action:

Description: This bill would require ADWR to establish criteria to evaluate the status of the relationship between “ecological water needs”, groundwater withdrawal, and surface water appropriations in Arizona. This bill also requires ADWR to complete a survey of the status of the waters of Arizona by December 31, 2026. This survey must include an assessment of the overall health of all watersheds in the state, and a lesser assessment of the health of sub-watersheds and the health of the ecosystems they support. ADWR must also determine the appropriate steps to be taken to remedy the problems in these watersheds and recommend legislation through which to take these steps. ADWR is also required to hold public meetings and receive and publish public comments on this survey and make the survey public when it is complete. This bill also includes the same requirements for follow-up surveys and the same definitions that are included in HB 2320.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80205

HB 2358: State lands; leases; groundwater use

In Brief: Requires ADWR to levy a groundwater withdrawal feeupon each lessee of State Land for agricultural purposes that is located outside of an AMA or INA.

Sponsor(s): Stahl Hamilton

Last Action:

Description: This bill would require ADWR to establish rules to govern an annual groundwater withdrawal fee that it will levy upon each lessee of State Land for agricultural purposes that is located outside of an AMA or INA. These lessees would be required to submit a report to ADWR each year that details the locations of any wells, the amount of groundwater withdrawn from these wells, and why the groundwater was used.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80206

HB 2359: Adequate water supply; statewide requirements

In Brief: Requires a city or county to ensure that a subdivision has an adequate water supply before it may be platted.

Sponsor(s): Stahl Hamilton

Last Action:

Description: This bill would require a city, town, or county to ensure that a subdivision has an adequate water supply or will be served by a provider with an adequate water supply before it may be platted. This bill would also require the Department of Real Estate to ensure that a subdivision has an adequate water supply or will be served by a provider with an adequate water supply before it may issue a public report and allow sale or lease of the land. This bill would also repeal provisions that allow capital investment and infrastructure assurances that would allow development to continue despite no adequate water supply existing.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80207

HB 2366: Physical availability; review; designated providers

In Brief: Prohibits ADWR from adopting the Carry-Over Rule in the Phoenix AMA.

Sponsor(s): Griffin

Last Action:

Description: HB 2366 attempts to endanger the designations of all designated municipal providers in the Phoenix AMA. The bill prohibits ADWR from adopting the Carry-Over Rule in the Phoenix AMA, which allows designated municipal water providers to carry over their unused groundwater allowance when applying for redesignation. Since ADWR has already adopted this rule, we do not believe that this provision would have any impact. However, HB 2366 still directs ADWR to review the physical availability of groundwater and stored water for each designated municipal water provider in the Phoenix AMA.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80222

HB 2368: Transportation; groundwater; Douglas AMA

In Brief: Allows a private water company to withdraw groundwater from the Upper San Pedro Groundwater Basin to transport to the Douglas AMA.

Sponsor(s): Griffin

Last Action:

Description: HB 2368 would allow a private water company to withdraw groundwater from the Upper San Pedro Groundwater Basin to transport to the Douglas AMA if the groundwater will be used for municipal service, the private water company or its predecessor had been engaged in this transportation since September 30, 1992, and the company holds a Certificate of Convenience and Necessity to provide water service in the Douglas AMA. HB 2368 limits the amount of groundwater that may be annually transported to the annual amount that was transported before December 1, 2022.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80224

HB 2399: Reporting; groundwater pumping; measuring

In Brief: Requires measurement and reporting by almost anyone who owns a non-exempt well outside of an AMA or INA.

Sponsor(s): Crews

Last Action:

Description: This bill would require measurement and reporting by anyone who owns a non-exempt well outside of an AMA or INA if the well withdraws more than 10 acre-feet per year for a nonirrigation use or is used to irrigate 10 or fewer acres for an irrigation use. This bill also lists the reporting requirements for the well owner.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80262

HB 2589: Assured water supply; analysis; availability

In Brief: Require ADWR to consider certain Analyses of Assured Water Supply as a valid demonstration of physical availability of groundwater.

Sponsor(s): Dunn

Last Action:

Description: This bill would require ADWR to consider an Analysis of Assured Water Supply (that was issued before May 31, 2023, and has not expired) as a valid demonstration of physical availability of groundwater for the amount stated in the Analysis. The analysis must have included a finding of physical availability of groundwater. Additionally, ADWR must subtract the amount of groundwater “represented” by all Certificates that were already issued based on the Analysis from the amount of groundwater considered physically available based on the Analysis.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80450

HB 2647: Physical availability credits; water supply

In Brief: Allows the holder of an IGR to earn a physical availability credit by permanently retiring their land if certain criteria were met.

Sponsor(s): Smith

Last Action:

Description: HB 2647 and SB 1172 are both an effort to incentivize the retirement of agricultural land so it can be developed for residential use and thereby dramatically reduce the use of water. Specifically, this legislation would allow the holder of an irrigation grandfathered right (IGR) to earn a physical availability credit by permanently retiring their land from irrigation to future non-irrigation use if certain criteria were met. The land to be retired must have been farmed in three of the last seven years, the new non-irrigation use must remain appurtenant to the retired lands, and the groundwater is delivered by a municipal provider, which will withdraw the groundwater from within its service area.

Link: https://apps.azleg.gov/BillStatus/BillOverview/80633

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