Legislation Archive

Session Summaries

Bill Archive

2023 - Fifty-sixth Legislature - First Regular Session
Appropriation; groundwater; Santa Rosa canal

HB 2448: Appropriation; groundwater; Santa Rosa canal

In Brief: Appropriates $25 million to ADWR to distribute to MSIDD and CAIDD to construct a way to convey groundwater separate from the Santa Rosa canal.

Sponsor(s): Martinez, Cook, Smith

Last Action: This project was included in the budget. However, the monies were appropriated from the Long-Term Water Augmentation Fund instead of the State General Fund.

Description: Appropriates $25 million from the state General Fund to ADWR to distribute to MSIDD and CAIDD to construct a way to convey groundwater separate from the Santa Rosa canal. This bill is related to a pending settlement between the Ak-Chin Indian Community and the two Pinal irrigation districts. The settlement is anticipated to lead to Reclamation approving the water quality standards for moving non-Colorado River water through the CAP canal.

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

2023 - Fifty-sixth Legislature - First Regular Session
Private property; wells; regulation; prohibition

HB 2535: Private property; wells; regulation; prohibition

In Brief: Precludes municipal regulation of private wells after annexation.

Sponsor(s): Smith & 23 others

Last Action: Vetoed by the Governor on April 5th.

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. On March 16, 2023, the Senate Natural Resources Committee voted 4-1 to pass out of Committee. Senator Fernandez offered an amendment that AMWUA assisted with drafting to address our concerns. The sponsor, Rep Smith, said he was supportive of the amendment, had a few word changes, and would work with Senator Fernandez. However, the bill ended up passing without this amendment. When asked, Smith said that he did not like the amendment after all, but that the bill would end up being vetoed anyway, so he would work on it next year.

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

2023 - Fifty-sixth Legislature - First Regular Session
Real estate disclosures; water; solar

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: Passed Senate RULES on March 20th.

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. Specifies that the seller of the property must provide contact information for any applicable water hauling company, as well as the leasing company for any leased solar panels on the property.

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

2023 - Fifty-sixth Legislature - First Regular Session
Subdivisions; leased properties

HB 2616: Subdivisions; leased properties

In Brief: Expands the applicability of Assured Water Supply requirements to leasehold offerings of one year or less (i.e., build-to-rent properties).

Sponsor(s): Bliss

Last Action: Held in House NREW on February 14th.

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

2023 - Fifty-sixth Legislature - First Regular Session
Prohibition, biosolids, land application

HB 2669: Prohibition, biosolids, land application

In Brief: Limits the application of biosolids to agricultural land near residential areas and fields producing a crop meant for human consumption.

Sponsor(s): Dunn

Last Action: Passed Senate RULES on April 10th.

Description: Biosolids are used a soil amendment, conditioner or fertilizer. This bill prohibits the application of Class B biosolids within three miles of a population center, within one mile of a crop produced for human consumption, or within one mile of any property zoned residential.The prohibition will drastically reduce the number of acres available for land application and significantly increase costs for larger municipal utilities and their customers statewide without correcting any identified safety or health risk. This bill passed Senate NREW on March 30, 2023 with an amendment that removed the distance limitations for land applications and shifted the focus away from biosolids to the land application of sewage and septage.

Link: https://apps.azleg.gov/BillStatus/BillOverview/79523

2023 - Fifty-sixth Legislature - First Regular Session
Groundwater pumping; foreign ownership; prohibition

SB 1090: Groundwater pumping; foreign ownership; prohibition

In Brief: Prohibits foreign entities from being eligible to pump groundwater

Sponsor(s): Kern

Last Action: Was never heard in committee.

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

2023 - Fifty-sixth Legislature - First Regular Session
Water infrastructure; commerce grant fund

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: Failed to pass House NREW on March 28th.

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

2023 - Fifty-sixth Legislature - First Regular Session
Water resources; assistant director

SB 1257: Water resources; assistant director

In Brief: Requires ADWR to appoint an Assistant Director for coordination with WIFA

Sponsor(s): Peterson

Last Action: Passed House RULES on March 20th.

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

2023 - Fifty-sixth Legislature - First Regular Session
S/e state preemption; utilities; appliances; restrictions; prohibition; limitation; definitions

SB 1278: S/e state preemption; utilities; appliances; restrictions; prohibition; limitation; definitions

In Brief: Prohibits municipalities from imposing further regulation to limit what types of appliances utility customers can use.

Sponsor(s): Montenegro

Last Action: Passed House RULES on April 4th.

Description: This bill would prohibit municipalities from imposing further regulation to limit what types of appliances utility customers can use. AMWUA is concerned that this bill could impact municipal water conservation initiatives because the bill as written applies to dishwashers "or other appliance that is designed to use the services of a utility provider".

Link: https://apps.azleg.gov/BillStatus/BillOverview/78914

2023 - Fifty-sixth Legislature - First Regular Session
Local groundwater stewardship areas

SB 1306: Local groundwater stewardship areas

In Brief: Creates a new rural water management framework.

Sponsor(s): Borelli & Biasiucci

Last Action: Was never heard in committee.

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