SB 1432
Initials PAB Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
Senate: NREW DP 7-0-0-0 | 3rd Read 28-1-1-0
House: NREW DP 10-0-0-0
SB 1432: assured water; small residential developments..
Sponsor: Senator Wadsack, LD 17
Caucus & COW
Overview
Requires a person seeking a building permit for six or more residences within an active
management area in an unincorporated area of a county to demonstrate an assured water supply
before presenting the permit application for county approval.
History
Subdivided lands function as the building blocks for residential development in Arizona.
Subdivided lands are improved or unimproved lands that have been or will be divided into six or
more lots, parcels or fractional interests for sale or lease. These lands also include stock
cooperatives, lands that have been or will be divided as part of a common promotional plan and
residential condominiums. However, subdivided lands do not include leasehold offerings of one
year or less (A.R.S. § 32-2101).
In Arizona's six active management areas (AMAs), someone who plans to sell or lease subdivided
lands in an AMA must obtain a certificate of assured water supply from the Arizona Department
of Water Resources (ADWR) or obtain a commitment for water service from a city, town or private
water company with a designation of assured water supply. Otherwise, a municipality or county
cannot approve the subdivision plat, and the State Real Estate Commissioner will not issue a
public report authorizing the sale or lease of the subdivided lands. An assured water
supply means:
1) Sufficient groundwater, surface water or effluent of adequate quality that will be legally,
physically and continuously available to meet proposed water needs for at least 100 years;
2) Any projected groundwater use is consistent with the AMA's management plan and
achieving its management goal; and
3) The applicant has demonstrated the financial capability to build the infrastructure
necessary to make water available for the proposed use (A.R.S. § 45-576).
Provisions
1. Requires a person who seeks a building permit for six or more residences within an AMA in
an unincorporated area of a county, regardless of the residences' lease term, to obtain a
certificate of assured water supply from ADWR before presenting the permit application for
county approval. (Sec. 1)
2. Exempts the applicant from the above requirement if the applicant obtains a written
commitment of water service from a city, town or private water company designated as having
an assured water supply. (Sec. 1)
3. Makes technical and conforming changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note