HB2512: Water program amendments

In Brief: Omnibus water bill

Sponsor(s): Bowers

Last Action: Held in Senate

Description: The most substantive portions of this omnibus water bill does the following: (1) Requires the Arizona Department of Water Resources (ADWR) Director to prepare a desalination action plan and present it to key state leaders, (2) Requires notification of key legislative leaders when ADWR receives an application to transfer water out of state, whether it be surface water, groundwater, or other water; (3) Allows persons holding a certificate of irrigation grandfathered right to exercise that right to withdraw groundwater for containerized plants; (4) Provides detailed criteria for the ADWR Director to calculate the volume of extinguishment credits for the extinguishment of grandfathered rights in the Pinal AMA; (5) Creates an additional 10-year active management plan—the Sixth Management Plan from 2025 to 2035; (6) Places oversight of the Division of Natural Resource Conservation in the Arizona Department of Forestry and Fire Management; (7) Allows the board of supervisors in a non-AMA county that has adopted a mandatory 100-year adequate water supply requirement to vote unanimously to not readopt the requirement.

Link: https://apps.azleg.gov/BillStatus/BillOverview/70742?SessionId=119

SB1507: Water program amendments

In Brief: Omnibus water bill

Sponsor(s): Griffin

Last Action: Failed in Senate on third read

Description: The most substantive portions of this omnibus water bill does the following: (1) Requires the Arizona Department of Water Resources (ADWR) Director to prepare a desalination action plan and present it to key state leaders, (2) Requires notification of key legislative leaders when ADWR receives an application to transfer water out of state, whether it be surface water, groundwater, or other water; (3) Allows persons holding a certificate of irrigation grandfathered right to exercise that right to withdraw groundwater for containerized plants; (4) Provides detailed criteria for the ADWR Director to calculate the volume of extinguishment credits for the extinguishment of grandfathered rights in the Pinal AMA; (5) Creates an additional 10-year active management plan—the Sixth Management Plan from 2025 to 2035; (6) Places oversight of the Division of Natural Resource Conservation in the Arizona Department of Forestry and Fire Management; (7) Allows the board of supervisors in a non-AMA county that has adopted a mandatory 100-year adequate water supply requirement to vote unanimously to not readopt the requirement.

Link: https://apps.azleg.gov/BillStatus/BillOverview/70718?SessionId=119

SB1508: Water; desalination action plan

In Brief: Requires the ADWR Director to prepare a desalination action plan

Sponsor(s): Griffin

Last Action: Held in House

Description: This bill requires the ADWR Director to prepare a desalination action plan that, among other things, considers costs of brackish water treatment, and identifies areas of the State where brackish groundwater exists and areas that could benefit from treated brackish supplies. The plan may also evaluate potential binational agreements or projects with respect to ocean desalination. The Director must submit a report to designated state leadership by September 30, 2019. As amended, the language requires an evaluation of the sources of brackish water, as well as impacts to water supplies of users in the area if water is withdrawn and treated. Desalination has an important role to play in Arizona's water management. However, this language appears to codify what the State is largely already doing as part of the Governor's Water Augmentation Council.

Link: https://apps.azleg.gov/BillStatus/BillOverview/70719?SessionId=119

SB1509: Water; interstate sales

In Brief: Notification requirements when ADWR Director receives an application to transfer water out of state

Sponsor(s): Griffin

Last Action: Held awaiting third read on reconsideration

Description: As amended, this bill requires the ADWR Director to notify the President of the Senate and the Speaker of the House of Representatives when the ADWR Director receives an application to transport water out of the state.

Link: https://apps.azleg.gov/BillStatus/BillOverview/70720?SessionId=119

SB1510: Irrigation grandfathered right; containerized plants

In Brief: Allows the use of irrigation grandfathered rights for use on containerized plants

Sponsor(s): Griffin

Last Action: Vetoed by Governor on 3/29/18.

Description: This bill states that in an initial Active Management Area, a person who holds a certificate of irrigation grandfathered right may exercise that right to withdraw groundwater to water plants in containers on or above the surface. Among other things, the bill also requires the right holder to separately measure any groundwater used for watering plants in containers and groundwater for irrigation; however, the total amount of water may not exceed the amount allowed by the irrigation water duty for the farm. This proposal was among the issues discussed as part of the Governor's workgroups last year.

Link: https://apps.azleg.gov/BillStatus/BillOverview/70721?SessionId=119

SB1511: Pinal AMA; groundwater; extinguishment credits

In Brief: Requires the ADWR Director to adopt rules to calculate extinguishment credits in the Pinal AMA

Sponsor(s): Griffin

Last Action: Held in House

Description: This bill provides detailed criteria for the ADWR Director to calculate the volume of extinguishment credits for the extinguishment of grandfathered rights in the Pinal AMA. Under the 100-year assured water supply rules, a farmer within an AMA with irrigation rights can choose to extinguish those rights anytime in exchange for what is called an "extinguishment credit" that can be used to demonstrate a 100-year assured water supply for new development. The last two legislative sessions, AMWUA opposed bills that sought to weaken the ADWR Director's authority and would have caused increased groundwater pumping in the Pinal AMA. During the Governor's Water Solutions Conversation, water users in the Pinal AMA came to a compromise with each other and ADWR on the amount of credits received upon extinguishment. AMWUA staff understands that in its current form, the language in this bill is essentially the compromise that was reached.

Link: https://apps.azleg.gov/BillStatus/BillOverview/70722?SessionId=119

SB1512: Active management areas; sixth management period

In Brief: Creates the Sixth Management Plan from 2025 to 2035

Sponsor(s): Griffin

Last Action: Held in House

Description: This bill creates an additional 10-year active management plan-the Sixth Management Plan from 2025 to 2035-under the Groundwater Management Act for each initial Active Management Area. The bill includes language that virtually mirrors the statutory guidance for the previous management plans. The bill also allows the ADWR director to approve administrative variances from irrigation water duties or conservation requirements for the Fifth and Sixth Management Plans, which is similar to provisions found in statute for previous management plans.

Link: https://apps.azleg.gov/BillStatus/BillOverview/70723?SessionId=119

SB 1513: Effluent; recycled water; definition

In Brief: The word “effluent” should be defined as “recycled water” in ADWR informational materials

Sponsor(s): Griffin

Last Action: Amended by unrelated strike everything amendment. Held in House.

Description: As introduced, this bill stated that for the purposes of ADWR's informational materials, the word "effluent" should be defined as "recycled water." This bill has been amended by a “strike everything” amendment on 3/20/18, and no longer deals with the definition of effluent.

Link: https://apps.azleg.gov/BillStatus/BillOverview/70724?SessionId=119