HB2017

THE CONTEXT: Someone who plans to sell or lease subdivided lands in an active management area (AMA) must obtain a certificate of assured water supply from ADWR or obtain a commitment for water service from a city, town or private water company with a designation of assured water supply. Otherwise, a municipality or county cannot approve the subdivision plat and the State Real Estate Commissioner will not issue a public report authorizing the sale or lease of the subdivided lands.

WHAT THE BILL DID: The final vetoed version would allow the ADWR Director to consider only the proposed sources of the water supply dedicated to the proposed use regardless of whether the water is distributed through a commingled water delivery system when determining whether sufficient groundwater, surface water or effluent of adequate quality will be continuously available and prohibit the ADWR Director from requiring a subdivider that applies for an assured water supply from a water provider with an assured water supply designation to procure a source of supply that exceeds 100% of the water needed to meet the subdividers proposed use.

WHY IT MATTERED: The practical reason for this bill was to give Arizonans and public officials a defined option for assured water supply under state law. It would allow the ADWR Director to consider only the proposed sources of the water supply dedicated to the proposed use regardless of whether the water is distributed through a commingled water delivery system when determining whether sufficient groundwater, surface water or effluent of adequate quality will be continuously available, and would also prohibit the ADWR Director from requiring a subdivider that applies for an assured water supply from a water provider with an assured water supply designation to procure a source of supply that exceeds 100% of the water needed to meet the subdividers proposed use, rather than leave the current rule unchanged.