Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1432 Comm Sub / Analysis

Filed 02/14/2023

                    Assigned to NREW 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Sixth Legislature, First Regular Session 
 
FACT SHEET FOR S.B. 1432 
 
assured water; small residential developments.. 
Purpose 
Outlines requirements for a building permit applicant for six or more residences within an 
active management area (AMA) to apply for and obtain a certificate of assured water supply before 
presenting the permit application for approval.  
Background 
The Arizona Groundwater Management Act of 1980 designated AMAs to conserve, protect 
and allocate the use of groundwater resources in Arizona and to provide a framework for the 
comprehensive management and regulation of the withdrawal, transportation, use, conservation 
and conveyance of rights to use the groundwater in Arizona (A.R.S. § 45-401). An AMA is a 
geographical area that has been designated as requiring active management of groundwater, or in 
the case of the Santa Cruz AMA, active management of any water, other than stored water, 
withdrawn from a well (A.R.S. § 45-402).  
The Director of the Arizona Department of Water Resources (ADWR) designates a 
municipality or private water company in an AMA as having an assured water supply if the 
municipality or private water company meets the criteria of an assured water supply. If a person 
proposes to offer subdivided lands for sale or lease in an AMA, the person must first apply for and 
obtain a Certificate of Assured Water Supply from ADWR or a written commitment of water 
service for the subdivision from a city, town or private water company designated as having an 
assured water supply. A city, town or county may only approve a subdivision plat if the subdivider 
has obtained a Certificate of Assured Water Supply from ADWR, or the subdivider has obtained 
written commitment of water service for the subdivision from a city, town or private water 
company designated as having an assured water supply (A.R.S. § 45-576).  
An assured water supply is sufficient groundwater, surface water or effluent of adequate 
quality that will be continuously available to satisfy the water needs of the proposed used for at 
least 100 years that is consistent with the management plan and achievement of the management 
goal for the AMA and that the financial capability has been demonstrated to construct the water 
facilities necessary for the proposed use, including a delivery system and any storage facilities or 
treatment works (A.R.S. § 45-576).  
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
   FACT SHEET 
S.B. 1432 
Page 2 
 
 
Provisions 
1. Requires a person that seeks a building permit for six or more residences within an AMA in an 
unincorporated area of a county, without regard to any proposed lease term for those 
residences, to apply for and obtain a certificate of assured water supply before presenting the 
permit application for approval, unless the applicant has obtained a written commitment of 
water service for the residences from a city, town or private water company designated as 
having an assured water supply.  
2. Becomes effective on the general effective date.  
Prepared by Senate Research 
February 14, 2023 
RA/slp