HB 2535
Initials PAB Page 1 Natural Resources, Energy & Water
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
HB 2535: private property; wells; regulation; prohibition
Sponsor: Representative Smith, LD 29
Committee on Natural Resources, Energy & Water
Overview
Prohibits a well in an unincorporated area and any buildings or structures supplied by that well
from being subject to municipal regulation if a municipality annexes the area containing the well.
History
Annexation Process
To annex adjoining lands, a municipality must file a blank petition with the appropriate county
recorder that contains a description and map of the proposed annexation. After this petition is
filed, a municipal governing body will hold a public hearing to discuss the proposed annexation.
Within a year, a completed petition signed by both of the following groups who would be subject
to the annexation must be filed with the county recorder:
1) Owners of at least 50% of the value of real and personal property; and
2) At least 50% of those owning real and personal property.
The annexation becomes final 30 days after the municipal governing body adopts an ordinance
annexing the land (A.R.S. § 9-471). Once annexed, the lands become subject to the municipality's
ordinances, which may include building requirements, fire codes, or requirements for a subdivider
to install certain water facilities when a public water main is accessible (A.R.S. §§ 9-276, 9-463.01
and 9-808).
Additionally, an exempt well (one with a pumping capacity of less than 35 gallons per minute for
a non-irrigation use) may not be drilled in an active management area if it is within 100 feet of the
water distribution system for a municipal water provider with a designation of assured water
supply. However, a landowner may apply for an exemption to this requirement if one of the
following criteria apply:
1) The applicant requested water service from the municipal provider and received no reply;
2) The cost of connecting to the distribution system exceeds the cost of drilling an exempt
well;
3) The applicant received no reply from a landowner if the applicant needed to obtain an
easement across other land to connect to the distribution system; or
4) None of the above criteria apply and the municipal provider confirms that the landowner
will not receive water service while the well is operational (A.R.S. §§ 45-402 and 45-454).
Provisions
1. States, notwithstanding any other law, that:
a) A well drilled on private property in an unincorporated area is not subject to municipal
regulation if the area containing the well is annexed by a municipality after the well has
been drilled; and
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2535
Initials PAB Page 2 Natural Resources, Energy & Water
b) Any building or structure that requires water from this well is not subject to municipal
regulation if the unincorporated area containing the well is annexed by a municipality after
the well has been drilled. (Sec. 1)