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

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78496

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78884

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78963

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79002

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79047

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79106

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79111

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79345

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

Link: https://apps.azleg.gov/BillStatus/BillOverview/78103

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78128

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78261

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78315

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78363

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78380

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78385

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78445

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.”

Link: https://apps.azleg.gov/BillStatus/BillOverview/78481

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78485

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78496

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78555

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78559

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78560

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.”

Link: https://apps.azleg.gov/BillStatus/BillOverview/78585

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78881

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79439

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.”

Link: https://apps.azleg.gov/BillStatus/BillOverview/79468

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79641

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78686

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/78843

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79596

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79048

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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79105

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Water is essential for life. It supplies food, generates energy, and creates jobs. The wellbeing of our communities and economies depends on it. In a desert, we are acutely aware that we must continue to plan, invest, and develop forward-thinking policy today to ensure safe, reliable, and sustainable water supplies for the future.