Assigned to NREW AS VETOED
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
VETOED
FACT SHEET FOR H.B. 2127
assured water supply certificate; effluent
Purpose
Allows an applicant for a certificate of assured water supply (certificate) for a proposed
subdivision in the Tucson, Pinal or Phoenix Active Management Area (AMA) to include effluent
that is projected to be produced by the subdivision for the purposes of demonstrating legal and
physical availability for the purposes of issuance of a certificate if outlined conditions apply.
Background
If a person wishes to offer subdivided lands in an AMA for sale or lease, the person must
first apply for and obtain a certificate of assured water supply from the Director of ADWR or a
written commitment of water service for the subdivision from a municipal or private water
company with a designation of assured water supply. Assured water supply means: 1) sufficient
groundwater, surface water or effluent of adequate quality will be continuously available to satisfy
the water needs of the proposed use for at least 100 years; 2) the projected groundwater use is
consistent with the management plan and achievement of the management goal for the AMA; and
3) the financial capability has been demonstrated to construct the water facilities necessary to make
the supply of water available for the proposed use, including a delivery system and any storage
facilities or treatment works (A.R.S. § 45-576).
Effluent is any water that has been collected in a sanitary sewer for subsequent treatment
in a regulated facility. Such water remains effluent until it acquires the characteristics of
groundwater or surface water (A.R.S. § 45-101).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows an applicant for a certificate for a proposed subdivision in the Tucson, Pinal or Phoenix
AMA to include any effluent that is projected to be produced by the subdivision for the
purposes of demonstrating legal and physical availability of such effluent for purposes of
issuance of a certificate if all such effluent will be, either alone or in combination:
a) used directly to meet water demand of water uses associated with the subdivision; or
b) recharged in the same subbasin where the proposed subdivision is located.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date. FACT SHEET – Vetoed
H.B. 2127
Page 2
Governor's Veto Message
The Governor indicates in her veto message that H.B. 2127 threatens to erode the water
protections Arizonans rely upon, and does not measure up to the real groundwater challenges we
face. H.B. 2127 would weaken and circumvent the Assured Water Supply regulations that provide
consumer protection and promote sustainable water management.
House Action Senate Action
NREW 2/13/24 DPA 5-4-0-1 NREW 3/14/24 DP 3-2-2
3
rd
Read 2/27/24 31-27-1-0-1 3
rd
Read 6/12/24 16-11-3
Vetoed by the Governor 6/19/24
Prepared by Senate Research
June 20, 2024
RA/SDR/slp