HB2091

THE CONTEXT: Currently, a person who plans to sell or lease subdivided lands in an active management area (AMA) must apply for and obtain a Certificate from the Director of ADWR 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 require ADWR to review the merits of an application for a certificate of assured water supply (Certificate) and issue a new written determination of action if all of the following apply: a) the application is for a Certificate for land located in the Phoenix AMA; b) the application was submitted between January 26, 2021 and August 31, 2023; c) ADWR has not issued the applicant a Certificate as of the effective date of this act; d) the municipal provider for the land covered b the application has submitted a notice of intent to serve to ADWR that states that certain criteria are met, reduce the minimum amount of excess groundwater that the municipal provider is obligated to report to the Central Arizona Groundwater Replenishment District (CAGRD) in a year by the long-term storage credits transferred to CAGRD by the municipal provider, and exempt the CAGRD's purchase of a municipal provider's long-term storage credits from affecting the annual replenishment assessment charged by the CAGRD against parcels of member land contained within the land covered by a Certificate issued in accordance with this act.

WHY IT MATTERED: The practical reason for this bill was to give the people who rely on the rule clearer information and a defined reporting process. It would require ADWR to review the merits of an application for a certificate of assured water supply (Certificate) and issue a new written determination of action if all of the following apply: a) the application is for a Certificate for land located in the Phoenix AMA; b) the application was submitted between January 26, 2021 and August 31, 2023; c) ADWR has not issued the applicant a Certificate as of the effective date of this act; d) the municipal provider for the land covered b the application has submitted a notice of intent to serve to ADWR that states that certain criteria are met, and would also reduce the minimum amount of excess groundwater that the municipal provider is obligated to report to the Central Arizona Groundwater Replenishment District (CAGRD) in a year by the long-term storage credits transferred to CAGRD by the municipal provider, rather than leave the current rule unchanged.