HB2020

THE CONTEXT: Long-term storage credits are earned when permitted facilities in an AMA store water underground through direct or indirect recharge. This stored water is eligible for credits when it: 1) is stored underground for at least one year; 2) cannot reasonably be used directly, with certain exceptions for the Pinal AMA related to implementing the Drought Contingency Plan; and 3) would not have been naturally recharged within the AMA.

WHAT THE BILL DID: The final vetoed version would specifies that water that incidentally recharges an aquifer caused by the development of infrastructure in an AMA is qualified as an underground storage facility, entitles a person that develops or plans to develop infrastructure in an AMA that results in increased natural, incidental or artificial recharge to the groundwater basin to earn and hold long-term storage credits in an amount that does not exceed the level of increased recharge or projected increased recharge, and require the ADWR Director by January 1, 2025 to adopt rules that promote new construction of facilities that are eligible to earn long-term storage credits, including: a) stormwater detention basins that increase natural, incidental or artificial recharge; b) roadways and sidewalks that facilitate stormwater recharge; and c) any other public infrastructure that facilitates rainwater or stormwater recharge.

WHY IT MATTERED: The practical reason for this bill was to define the water, land, energy, or environmental rule for long-term storage more clearly. It would specifies that water that incidentally recharges an aquifer caused by the development of infrastructure in an AMA is qualified as an underground storage facility, and would also entitles a person that develops or plans to develop infrastructure in an AMA that results in increased natural, incidental or artificial recharge to the groundwater basin to earn and hold long-term storage credits in an amount that does not exceed the level of increased recharge or projected increased recharge, rather than leave the current rule unchanged.