HB 2204
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: NREW DPA 6-3-0-1
HB 2204: assured water supply; commingling
Sponsor: Representative Griffin, LD 19
Caucus & COW
Overview
Allows, for water availability purposes, the Director of Arizona Department of Water
Resources (ADWR) to consider only the proposed sources of the water supply dedicated to the
proposed use regardless of whether the water is distributed through a water delivery system
that is commingled with other water sources.
History
Someone who plans to sell or lease subdivided lands in an active management area (AMA)
must obtain a certificate of assured water supply from 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 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).
Provisions
1. Allows the ADWR Director to consider only the proposed sources of the water supply
dedicated to the proposed use regardless of whether the water is distributed through a
commingled water delivery system when determining whether sufficient groundwater,
surface water or effluent of adequate quality will be continuously available. (Sec. 1)
2. Prohibits the ADWR Director from requiring a subdivider that applies for an assured
water supply from a water provider with an assured water supply designation to procure
a source of supply that exceeds 100% of the water needed to meet the subdividers
proposed use. (Sec. 1)
3. Makes technical and conforming changes. (Sec. 1)
4. Contains an emergency clause. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☒ Emergency (40 votes) ☐ Fiscal Note HB 2204
Initials CW Page 2 Caucus & COW
Amendments
Committee on Natural Resources, Energy & Water
1. Clarifies that the Director is prohibited from requiring an excess of water needed to meet
the proposed use through direct action, indirect action or by rule of agency.
2. Removes 100 percent and reinserts the proportionate share, regarding the prohibited
volume of water required of a subdivider.