HB2441

THE CONTEXT: In response to a declared shortage on the Colorado River, the City of Scottsdale ceased providing water for hauling to Rio Verde Foothills in 2023. This unincorporated community borders the City of Scottsdale and contains about 2,000 households.

WHAT THE BILL DID: The final vetoed version would require a municipality providing water service in Maricopa County to execute an agreement with at least one third party and, for a maximum of three years, treat and transport water to a standpipe and allow for water hauling to residences outside the municipality's water service area if: a) 750 or fewer residences located in an unincorporated community within the county and adjacent to the municipality will be served; b) the municipality provided standpipe service to water haulers that delivered water to the residences but ceased that service pursuant to an adopted drought management plan; c) the municipality, before ceasing standpipe service, had the opportunity to execute an agreement allowing the municipality to continue providing free standpipe service to water haulers but the agreement was not executed prior to this act's effective date; d) there is no other water source within 10 miles of the residences; e) the municipality is reimbursed for the full reasonable costs of treating and transporting the water and allowing water hauling from the standpipe; and f) treating and transporting the water to and allowing water hauling from the standpipe does not, without the municipality's consent, reduce the amount of water available to residences and businesses in specified areas, direct the municipality providing the water to: a) treat and transport water to the standpipe; b) allow the water to be received at the standpipe and delivered through water haulers with a water hauling account; c) collect from the water haulers the reasonable cost, not to exceed $20 per 1,000 gallons, for treating and transporting the water and allowing water hauling from the standpipe; and d) annually provide at least 150 acre-feet of water at the standpipe, and allow self hauling of water from the standpipe.

WHY IT MATTERED: The practical reason for this bill was to turn the Legislature's standard for standpipe service into an enforceable rule. It would require a municipality providing water service in Maricopa County to execute an agreement with at least one third party and, for a maximum of three years, treat and transport water to a standpipe and allow for water hauling to residences outside the municipality's water service area if: a) 750 or fewer residences located in an unincorporated community within the county and adjacent to the municipality will be served; b) the municipality provided standpipe service to water haulers that delivered water to the residences but ceased that service pursuant to an adopted drought management plan; c) the municipality, before ceasing standpipe service, had the opportunity to execute an agreement allowing the municipality to continue providing free standpipe service to water haulers but the agreement was not executed prior to this act's effective date; d) there is no other water source within 10 miles of the residences; e) the municipality is reimbursed for the full reasonable costs of treating and transporting the water and allowing water hauling from the standpipe; and f) treating and transporting the water to and allowing water hauling from the standpipe does not, without the municipality's consent, reduce the amount of water available to residences and businesses in specified areas, and would also direct the municipality providing the water to: a) treat and transport water to the standpipe; b) allow the water to be received at the standpipe and delivered through water haulers with a water hauling account; c) collect from the water haulers the reasonable cost, not to exceed $20 per 1,000 gallons, for treating and transporting the water and allowing water hauling from the standpipe; and d) annually provide at least 150 acre-feet of water at the standpipe, rather than leave the current rule unchanged.