HB 2127
Initials EB/KK Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: NREW DPA 5-4-0-1 | 3
rd
Read 31-27-1-0-1
Senate: NREW DP 3-2-2-0 | 3
rd
Read 16-11-3-0-0
HB 2127: assured water supply certificate; effluent
Sponsor: Representative Griffin, LD 19
Transmitted to the Governor
Overview
Allows effluent produced by a proposed subdivision to be used to demonstrate legal and
physical availability of water for an assured water supply application in the Tucson, Phoenix
and Pinal active management areas (AMA).
History
The Groundwater Management Code (Code) , enacted in 1980, 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
(A.R.S. §§ 45-411, 45-411.03, 45-431 and 45-554).
The Code’s Assured and Adequate Water Supply Program requires a developer who plans to
sell or lease subdivided lands in an AMA to obtain a certificate of assured water supply from
the Arizona Department of Water Resources (ADWR) or obtain a commitment for water
service from a municipality or private water company with an assured water supply
designation. Without a certificate, 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 (ADWR).
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
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).
The Central Arizona Groundwater Replenishment District (CAGRD) is a function of the
Central Arizona Project that replenishes groundwater pumped by its members and provides
a way to comply with requirements of the assured water supply program (CAGRD).
Effluent is water that has been collected in a sanitary sewer for subsequent treatment in a
facility regulated by the Arizona Department of Environmental Quality. Such water remains
effluent until it acquires the characteristics of groundwater or surface water (A.R.S. § 45-
101).
HB 2127
Initials EB/KK Page 2 Transmitted
Provisions
1. Allows effluent, produced by a proposed subdivision in the Phoenix, Pinal and Tucson
AMAs, to be included as part of demonstrating legal and physical availability of water for
an assured water supply application if the effluent will be:
a) used directly to meet water demands associated with the subdivision; or
b) recharged in the subbasin where the subdivision will be located. (Sec. 1)
2. Contains technical and conforming changes. (Sec. 1)