SB 1081
Initials EB Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: NREW DP 4-2-1-0 | 3
rd
Read 19-9-2-0-0
House: NREW DP 6-4-0-0 | 3
rd
Read 38-20-2-0-0
SB 1081: exemption area; assured water supply
Sponsor: Senator Kerr, LD 25
Transmitted to the Governor
Overview
Allows the Director of the Arizona Department of Water Resources (ADWR) to designate a
portion of a municipality located both in an area delineated for exemption and in the Phoenix
active management area (AMA) as having an assured water supply if certain criteria are met.
History
Someone who plans to sell or lease subdivided lands in an AMA must obtain a certificate of
assured water supply from ADWR or obtain a commitment for water service from a
municipality or private water company with a designation of assured water supply
(designation). Otherwise, a municipality or county cannot approve the subdivision plat and
the sale or lease of the subdivided lands cannot be authorized. 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 that 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).
Individuals with irrigation grandfathered rights in designated areas are exempt from
irrigation water duties from January 1, 1989 until December 1, 2034, as established in the
management plans for first, second, third, fourth and fifth management periods for the
Phoenix AMA. The boundaries of the exempted area are delineated on a map of the Phoenix
AMA filed in the Arizona Secretary of State's office (A.R.S. § 45-411.01).
Provisions
1. Allows, on application to ADWR by a municipality, the ADWR Director to designate a
portion of a municipality that is located both in the area delineated for exemption and in
the Phoenix AMA as having an assured water supply if:
a) the portion of the municipality seeking a designation is located entirely within an
irrigation and water conservation district;
b) the municipality seeking a designation has contracted with the irrigation and water
conservation district for a term of at least 100 years;
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1081
Initials EB Page 2 Transmitted
c) sufficient surface water or effluent of an adequate quality will be continuously
available to satisfy the portion of a municipality's proposed water needs for at least
100 years; and
d) the municipality demonstrates the financial capability to construct the water facilities
necessary to make the supply of water available for the proposed use. (Sec. 1)
2. Allows the ADWR Director to accept evidence of construction assurances to satisfy the
financial capability requirement. (Sec. 1)
3. Permits the ADWR Director to:
a) review the determination that a portion of a municipality has an assured water
supply; and
b) determine that a portion of a municipality does not have an assured water supply.
(Sec. 1)