SB 1274: Assured water supply; subdivisions

In Brief: Modifies assured water supply statutes for Designated Water Providers in the Pinal AMA and material plat changes for Certificates of AWS.

Sponsor(s): Shope

Last Action: Signed by Governor 2/12

Description: This measure has been introduced on behalf of the Pinal AMA Stakeholder Group, entities working to address groundwater physical availability issues in the Pinal AMA that has caused ADWR to hold issuing new Assured Water Supply Certificates and Designations. HB 2336 and SB 1274 would amend statute to allow a water provider only in the Pinal AMA to Modify their most recent Designation of Assured Water Supply (AWS) without having to re-demonstrate the physical availability of groundwater as long as the Provider is not seeking to increase its physical availability volume. This bill codifies ADWR’s existing policies related to determining the “Area of Impact” for water stored underground that will be included in an AWS application. The bill also changes the AWS statutes to allow developers to change the land use type or increase the number of housing units on a subdivision plat associated with existing Certificates of AWS, provided that the overall water use does not increase. Current regulations require developers to apply for a new Certificate if a plat is revised and housing units are increased by 10% or more. AMWUA has worked with the proponents of this bill to incorporate technical amendments related to the AWS Program as well as to secure a provision that would ensure ADWR can revise its Rules across all AMAs to make conforming changes.

Link: https://apps.azleg.gov/BillStatus/BillOverview/75052

HB 2390: Law clinic; stream adjudications; appropriation

In Brief: Provides $500,000 for local universities to assist claimants in the General Stream Adjudication

Sponsor(s): Griffin & Bowers

Last Action: Held in House NREW Committee 1/26

Description: This bill allows local Arizona Universities to represent claimants who meet certain low-income requirements in the General Stream Adjudications. Appropriates $500,000 to the University of Arizona to establish a law clinic for this purpose.

Link: https://apps.azleg.gov/BillStatus/BillOverview/74927?SessionId=123

SB 1370: Environmental quality programs; terminations; repeal

In Brief: Removes statutory termination dates for multiple ADEQ programs.

Sponsor(s): Kerr

Last Action: Signed by Governor 3/18

Description: This bill proposes to remove the statutory termination dates for multiple programs administered by the Arizona Department of Environmental Quality (ADEQ). Current statutes include sunset dates for these individual programs, separate from ADEQ’s sunset review as an entire agency. Removing the termination dates for these programs would align their sunset reviews with the ADEQ sunset review.

Link: https://apps.azleg.gov/BillStatus/BillOverview/75393?SessionId=123

SB 1314: Groundwater pumping; measuring; reporting

In Brief: Mandates water use metering and reporting for nonexempt groundwater wells throughout the state

Sponsor(s): Steele

Last Action: Assigned to Senate NREW Committee 1/25. Did not receive a hearing.

Description: Requires 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.

Link: https://apps.azleg.gov/BillStatus/BillOverview/75187?SessionId=123

HB 2576: Water rights; general adjudications; funding

In Brief: Establishes a fund for the purpose of providing resources to both ADWR and the Superior Court for the General Stream Adjudication

Sponsor(s): Griffin

Last Action: Passed House NREW Committee 2/17

Description: This bill establishes the General Adjudication Personnel and Support Fund. Monies in the Fund can be used to provide additional full-time staff, equipment, or services for the Adjudication proceedings for both the Court and ADWR. Prior to any monies being allocated from the Fund, ADWR or the Supreme Court must prepare an expenditure plan for review by the Joint Legislative Budget Committee. The bill appropriates nearly $400,000 for the Court to immediately utilize and $2 million for the general purposes of the Fund.

Link: https://apps.azleg.gov/BillStatus/BillOverview/75222?Sessionid=123

HB 2595: Subsequent irrigation non-expansion areas; procedures

In Brief: Modifies the procedures for determination of a new Irrigation Non-Expansion Area (INA)

Sponsor(s): Cobb

Last Action: Assigned to House NREW Committee 2/3

Description: This measure introduces a number of modifications to the procedures for establishment of new irrigation non-expansion areas (INA). This bill 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 would mandate that petitioners submit a groundwater model and hydrologic assessment using methodology approved by the ADWR Director. This bill mirrors the suggested statutory changes presented by ADWR in the summer of 2017 during the Governor’s Water Discussions. HB 2595 is identical to HB 2206.

Link: https://apps.azleg.gov/BillStatus/BillOverview/75242?SessionId=123

HB 2614: Remediated water; groundwater; use

In Brief: Extends statutory incentive for remediation of contaminated groundwater

Sponsor(s): Osborne & 5 others

Last Action: Assigned to House NREW 1/28. Did not receive a hearing.

Description: In 1997 the Arizona legislature enacted reform measures to the WQARF Program, including creation of incentives for the use of remediated groundwater to facilitate the cleanup of groundwater contamination. Session Law directs ADWR to consider remediated groundwater pumped pursuant to qualifying projects to be consistent with the Management Goal and Plan of the AMA. HB 2614 incorporates the Session Law provisions into A.R.S. Title 45, extends the exemption from 2025 to 2050, and adds a statutory provision that mandates remediated groundwater be put to beneficial use within the service area of the municipal provider where the groundwater was withdrawn, or pursuant to an existing grandfathered right.

Link: https://apps.azleg.gov/BillStatus/BillOverview/75285?SessionId=123