HB2062

THE CONTEXT: Currently, a person who plans to sell or lease subdivided lands in an AMA must apply for and obtain a Certificate from the ADWR Director before presenting the plat for approval to the city, town or county in which the land is located, where such is required, and before filing with the Arizona Department of Real Estate Commissioner a notice of intention to offer such lands for sale or lease ( A. R.

WHAT THE BILL DID: The final vetoed version would requires, on request of an eligible applicant, ADWR to review the merits of an application for a Certificate and issue a new written determination within 15 days if the application: a) is for a Certificate in the Phoenix AMA; b) was submitted on or after January 26, 2021 and by May 31, 2023; and c) has been denied as of the effective date of this legislation or the applicant has not received a Certificate, instruct ADWR to use either the 2006-2009 Salt River Valley regional model or the 2006 Lower Hassayampa Sub-basin groundwater flow model and any financial information submitted by the applicant to review the determination to grant a Certificate, and require ADWR, within 5 days after the effective date of this legislation, to notify all eligible applicants of the ability to have their determinations of assured water supply reviewed.

WHY IT MATTERED: The practical reason for this bill was to define the water, land, energy, or environmental rule for assured water supply more clearly. It would requires, on request of an eligible applicant, ADWR to review the merits of an application for a Certificate and issue a new written determination within 15 days if the application: a) is for a Certificate in the Phoenix AMA; b) was submitted on or after January 26, 2021 and by May 31, 2023; and c) has been denied as of the effective date of this legislation or the applicant has not received a Certificate, and would also instruct ADWR to use either the 2006-2009 Salt River Valley regional model or the 2006 Lower Hassayampa Sub-basin groundwater flow model and any financial information submitted by the applicant to review the determination to grant a Certificate, rather than leave the current rule unchanged.