HB 2027
Initials EB/KK Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: NREW DPA 6-4-0-0
HB 2027: subsequent AMAs; assured water supply
Sponsor: Representative Griffin, LD 19
House Engrossed
Overview
An emergency measure that outlines procedures for a proposed subdivision that is included
within the boundaries of a subsequent active management area (AMA) and subject to an
adequate water supply ordinance adopted by a county or municipality.
History
The Groundwater Management Code (Code) was enacted in 1980 and established the
statutory framework to regulate and control the use of groundwater. As part of the
management framework, the Code designated five AMAs (Phoenix, Pinal, Prescott, Tucson
and Santa Cruz) and three Irrigation Non-Expansion Areas (Douglas, Joseph City and
Harquahala where specific regulations regarding withdrawal and use of groundwater apply
(A.R.S. §§ 45-411, 45-411.03, 45-431, 45-554) (SOS).
Based on a petition filed by the residents of Cochise County, the Cochise County Board of
Supervisors called an election to be held on November 8, 2022 on whether to designate the
Douglas Groundwater Basin as an AMA. The ballot measure was approved and the Douglas
AMA was established on December 1, 2022 (ADWR).
The Code’s Assured and Adequate Water Supply Program requires a developer to provide
information on a proposed subdivision’s water supplies to ADWR before the land can be
offered for sale or lease. Specific requirements apply depending on whether the subdivision
is inside or outside an AMA. In some cases, the subdivision may be subject to a local
mandatory adequate water supply ordinance if one has been adopted by a municipality or
county (A.R.S. § 9-463.01, 11-823 and 45-576).
There are currently five initial AMAs (Phoenix, Pinal, Prescott, Tucson and Santa Cruz), one
subsequent AMA (Douglas) and three INAs (Harquahala, Hualapai and Joseph City)
(ADWR).
Provisions
1. Specifies that the requirements of an ordinance adopted by either a municipality or a
county do not apply to any portion of a proposed subdivision that is included within the
boundaries of a subsequent AMA. (Sec. 1)
2. Specifies that the exemption applies to subsequent AMAs, whether they are established
by the ADWR Director or by petition and election. (Sec. 1)
3. States that a proposed subdivision located within a subsequent AMA is exempt from the
requirement to obtain a certificate of assured water supply. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2027
Initials EB/KK Page 2 House Engrossed
4. Provides that if a county adopts an ordinance, the ordinance does not apply to proposed
subdivisions located within a subsequent AMA. (Sec. 2)
5. States that, in a county that adopts an ordinance and becomes a subsequent AMA:
a) any ordinance that references an adequate water supply must be treated as an assured
water supply; and
b) any subdivision for which the ADWR Director has issued an adequate water report
before the effective date of a subsequent AMA is exempt from the requirement to
obtain a certificate of assured water supply. (Sec. 2)
6. Specifies that any existing or proposed subdivision located in a subsequent AMA that has
been issued an adequate water report by ADWR before the effective date of the
subsequent AMA, is exempt from the requirement to obtain a certificate of assured water
supply. (Sec 3)
7. Provides that the exemption applies to adequate water supply ordinances that have been
adopted by a municipality or county.
8. Makes technical and conforming changes. (Sec. 1 and 3)
9. Contains an emergency clause. (Sec. 4)