| 1 | 1 | | REFERENCE TITLE: multifamily property; water; certificate State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2487 Introduced by Representative Mathis An Act amending sections 45-576, 48-3701, 48-3772, 48-3774.01 and 48-3779, Arizona Revised Statutes; relating to real estate. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 11 | 11 | | REFERENCE TITLE: multifamily property; water; certificate |
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| 12 | 12 | | State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 |
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| 13 | 13 | | HB 2487 |
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| 14 | 14 | | Introduced by Representative Mathis |
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| 16 | 16 | | REFERENCE TITLE: multifamily property; water; certificate |
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| 26 | 26 | | State of Arizona |
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| 28 | 28 | | House of Representatives |
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| 30 | 30 | | Fifty-seventh Legislature |
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| 32 | 32 | | First Regular Session |
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| 34 | 34 | | 2025 |
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| 42 | 42 | | HB 2487 |
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| 46 | 46 | | Introduced by |
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| 48 | 48 | | Representative Mathis |
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| 66 | 66 | | An Act |
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| 70 | 70 | | amending sections 45-576, 48-3701, 48-3772, 48-3774.01 and 48-3779, Arizona Revised Statutes; relating to real estate. |
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| 76 | 76 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 80 | 80 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 45-576, Arizona Revised Statutes, is amended to read: START_STATUTE45-576. Certificate of assured water supply; designated cities, towns and private water companies; exemptions; definitions A. Except as provided in subsections G and J of this section, a person who proposes to offer subdivided lands, as defined in section 32-2101, for sale or lease in an active management area shall apply for and obtain a certificate of assured water supply from the director before presenting the plat for approval to the city, town or county in which the land is located, where such is required, and before filing with the state real estate commissioner a notice of intention to offer such lands for sale or lease, pursuant to section 32-2181, unless the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply pursuant to this section. B. Except as provided in subsections G and J of this section, a city, town or county may approve a subdivision plat only if the subdivider has obtained a certificate of assured water supply from the director or the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply pursuant to this section. The city, town or county shall note on the face of the approved plat that a certificate of assured water supply has been submitted with the plat or that the subdivider has obtained a written commitment of water service for the proposed subdivision from a city, town or private water company designated as having an assured water supply pursuant to this section. C. Except as provided in subsections G and J of this section, the state real estate commissioner may issue a public report authorizing the sale or lease of subdivided lands only on compliance with either of the following: 1. The subdivider, owner or agent has paid any activation fee required under section 48-3772, subsection A, paragraph 7 and any replenishment reserve fee required under section 48-3774.01, subsection A, paragraph 2 and has obtained a certificate of assured water supply from the director. 2. The subdivider has obtained a written commitment of water service for the lands from a city, town or private water company designated as having an assured water supply pursuant to this section and the subdivider, owner or agent has paid any activation fee required under section 48-3772, subsection A, paragraph 7. D. The director shall designate private water companies in active management areas that have an assured water supply. If a city or town acquires a private water company that has contracted for central Arizona project water, the city or town shall assume the private water company's contract for central Arizona project water. E. The director shall designate cities and towns in active management areas where an assured water supply exists. If a city or town has entered into a contract for central Arizona project water, the city or town is deemed to continue to have an assured water supply until December 31, 1997. Commencing on January 1, 1998, the determination that the city or town has an assured water supply is subject to review by the director and the director may determine that a city or town does not have an assured water supply. F. The director shall notify the mayors of all cities and towns in active management areas and the chairmen of the boards of supervisors of counties in which active management areas are located of the cities, towns and private water companies designated as having an assured water supply and any modification of that designation within thirty days of after the designation or modification. If the service area of the city, town or private water company has qualified as a member service area pursuant to title 48, chapter 22, article 4, the director shall also notify the conservation district of the designation or modification and shall report the projected average annual replenishment obligation for the member service area based on the projected and committed average annual demand for water within the service area during the effective term of the designation or modification subject to any limitation in an agreement between the conservation district and the city, town or private water company. For each city, town or private water company that qualified as a member service area under title 48, chapter 22 and that was designated as having an assured water supply before January 1, 2004, the director shall report to the conservation district on or before January 1, 2005 the projected average annual replenishment obligation based on the projected and committed average annual demand for water within the service area during the effective term of the designation subject to any limitation in an agreement between the conservation district and the city, town or private water company. Persons proposing to offer subdivided lands served by those designated cities, towns and private water companies for sale or lease are exempt from applying for and obtaining a certificate of assured water supply. G. This section does not apply in the case of the sale of lands for developments that are subject to a mineral extraction and metallurgical processing permit or an industrial use permit pursuant to sections 45-514 and 45-515. H. The director shall adopt rules to carry out the purposes of this section. On or before January 1, 2008, The rules shall provide for a reduction in water demand for an application for a designation of assured water supply or a certificate of assured water supply if a gray water reuse system will be installed that meets the requirements of the rules adopted by the department of environmental quality for gray water systems and if the application is for a certificate of assured water supply, the land for which the certificate is sought must qualify as a member land in a conservation district pursuant to title 48, chapter 22, article 4. For the purposes of this subsection, "gray water" has the same meaning prescribed in section 49-201. I. If the director designates a municipal provider as having an assured water supply under this section and the designation lapses or otherwise terminates while the municipal provider's service area is a member service area of a conservation district, the municipal provider or its successor shall continue to comply with the consistency with management goal requirements in the rules adopted by the director under subsection H of this section as if the designation was still in effect with respect to the municipal provider's designation uses. When determining compliance by the municipal provider or its successor with the consistency with management goal requirements in the rules, the director shall consider only water delivered by the municipal provider or its successor to the municipal provider's designation uses. A person is the successor of a municipal provider if the person commences water service to uses that were previously designation uses of the municipal provider. Any groundwater delivered by the municipal provider or its successor to the municipal provider's designation uses in excess of the amount allowed under the consistency with management goal requirements in the rules shall be considered excess groundwater for purposes of title 48, chapter 22. For the purposes of this subsection, "designation uses" means all water uses served by a municipal provider on the date the municipal provider's designation of assured water supply lapses or otherwise terminates and all recorded lots within the municipal provider's service area that were not being served by the municipal provider on that date but that received final plat approval from a city, town or county on or before that date. Designation uses do not include industrial uses served by an irrigation district under section 45-497. J. Subsections A, B and C of this section do not apply to a person who proposes to offer subdivided land for sale or lease in an active management area if all the following apply: 1. The director issued a certificate of assured water supply for the land to a previous owner of the land and the certificate was classified as a type A certificate under rules adopted by the director pursuant to subsection H of this section. 2. The director has not revoked the certificate of assured water supply described in paragraph 1 of this subsection, and proceedings to revoke the certificate are not pending before the department or a court. The department shall post on its website a list of all certificates of assured water supply that have been revoked or for which proceedings are pending before the department or a court. 3. The plat submitted to the department in the application for the certificate of assured water supply described in paragraph 1 of this subsection has not changed. 4. Water service is currently available to each lot within the subdivided land and the water provider listed on the certificate of assured water supply described in paragraph 1 of this subsection has not changed. 5. The subdivided land qualifies as a member land under title 48, chapter 22 and the subdivider has paid any activation fee required under section 48-3772, subsection A, paragraph 7 and any replenishment reserve fee required under section 48-3774.01, subsection A, paragraph 2. 6. The plat is submitted for approval to a city, town or county that is listed on the department's website as a qualified platting authority. K. Subsection J of this section does not affect the assignment of a certificate of assured water supply as prescribed by section 45-579. L. On or before December 31, 2023, the director shall study and submit to the governor, president of the senate and speaker of the house of representatives a report on whether and how a person that seeks a building permit for six or more residences within an active management area, without regard to any proposed lease term for those residences, should apply for and obtain a certificate of assured water supply from the director before presenting the permit application for approval to the county in which the land is located, unless the applicant has obtained a written commitment of water service for the residences from a city, town or private water company designated as having an assured water supply pursuant to this section. M. Except for applications submitted on or before September 30, 2024, before presenting a permit application for approval to the city, town or county in which the land is located, a person that seeks a building permit or building plan for six or more detached single-family residences, a multifamily residential property or a condominium within any active management area, without regard to any proposed lease term for those detached single-family or multifamily residences, shall: 1. Apply for and obtain a certificate of assured water supply from the director unless the applicant has obtained a written commitment of water service for the residences from a city, town or private water company that is designated as having an assured water supply pursuant to this section. 2. Pay all applicable fees pursuant to sections 48-3772 and 48-3774.01 and accompany the permit application with proof that the applicable fees have been paid. N. Except for applications submitted on or before September 30, 2024, a city, town or county may approve a building permit or building plan application that includes six or more detached single-family residences, a multifamily residential property or a condominium within any active management area, without regard to any proposed lease term for those detached single-family or multifamily residences, only if the residences included in the building permit or building plan have obtained a certificate of assured water supply from the director or a written commitment of water service for the residences from a city, town or private water company that is designated as having an assured water supply pursuant to this section. M. O. For the purposes of this section: , 1. "Assured water supply" means all of the following: 1. (a) 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 one hundred years. Beginning January 1 of the calendar year following the year in which a groundwater replenishment district is required to submit its preliminary plan pursuant to section 45-576.02, subsection A, paragraph 1, with respect to an applicant that is a member of the district, "sufficient groundwater" for the purposes of this paragraph means that the proposed groundwater withdrawals that the applicant will cause over a period of one hundred years will be of adequate quality and will not exceed, in combination with other withdrawals from land in the replenishment district, a depth to water of one thousand feet or the depth of the bottom of the aquifer, whichever is less. In determining depth to water for the purposes of this paragraph, the director shall consider the combination of: (a) (i) The existing rate of decline. (b) (ii) The proposed withdrawals. (c) (iii) The expected water requirements of all recorded lots that are not yet served water and that are located in the service area of a municipal provider. 2. (b) The projected groundwater use is consistent with the management plan and achievement of the management goal for the active management area. 3. (c) 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. The director may accept evidence of the construction assurances required by section 9-463.01, 11-823 11-822 or 32-2181 to satisfy this requirement. 2. "Condominium" has the same meaning prescribed in section 33-1202. 3. "Multifamily residential property" has the same meaning prescribed in section 49-746. END_STATUTE Sec. 2. Section 48-3701, Arizona Revised Statutes, is amended to read: START_STATUTE48-3701. Definitions In this chapter, unless the context otherwise requires: 1. "Active management area" means an active management area established under title 45, chapter 2, article 2. 2. "Board" means the board of directors of a multi-county water conservation district. 3. "Condominium" has the same meaning prescribed in section 33-1202. 3. 4. "Contract replenishment obligation" means an amount of groundwater that the district contracts to replenish in a year on behalf of a municipal provider pursuant to a contract authorized under section 48-3772, subsection B, paragraph 9. 4. 5. "Credits" means any groundwater in addition to the amount of groundwater that may be used at a member land or delivered within a member service area for use within the member service area pursuant to the applicable assured water supply rules adopted by the department of water resources. 5. 6. "Declaration" means an instrument recorded against real property and conforming to the requirements prescribed by section 48-3774, subsection A, paragraph 5. 6. 7. "District" means a multi-county water conservation district organized under the authority of this chapter. 7. 8. "Excess groundwater" means an amount of groundwater equal to that amount of groundwater delivered to a member land in a calendar year or delivered within a member service area by the municipal provider for that member service area in a calendar year in excess of the amount of groundwater that may be used at the member land in that calendar year or that may be delivered by the municipal provider for use within the member service area in that calendar year and consistent with the applicable assured water supply rules adopted by the department of water resources for the active management area where the member land or the member service area is located. 8. 9. "Excess groundwater increment" means the amount by which excess groundwater reported for a member service area under section 48-3775, subsection B in any year exceeds the maximum amount of excess groundwater reported for that member service area in any prior year. 9. 10. "Groundwater replenishment obligation" means, for each active management area in which member lands or member service areas are or may be located, the total of the cumulative parcel replenishment obligation of all parcels of member land in that active management area for a particular calendar year plus the cumulative service area replenishment obligation of all member service areas in that active management area for a particular calendar year. 10. 11. "Member land" means any real property that meets the requirements of section 48-3774. 11. 12. "Member service area" means the service area of a municipal provider that qualifies as a member service area under section 48-3780, including any additions to or extensions of the service area. 12. 13. "Multi-county water conservation district" means a district composed of three or more counties that have joined together for the creation of a district. 13. 14. "Municipal provider" means a city, town or private water company or an irrigation district that supplies water for non-irrigation use. 14. 15. "Parcel of member land" means any portion of member land for which the tax assessor for the county in which the member land is located has issued a separate county parcel number. 15. 16. "Parcel replenishment obligation" means, with respect to any particular parcel of member land, an amount of groundwater that is equal to the amount of groundwater delivered to the parcel of member land in a calendar year multiplied by the percentage that the excess groundwater of the applicable member land for that year bears to the total amount of groundwater delivered to the applicable member land during that year. 16. 17. "Population" means the population determined in the most recent United States decennial census. 17. 18. "Private water company" has the same meaning prescribed in section 45-402. 18. 19. "Projected replenishment obligation" means for each active management area, the district's total projected annual groundwater replenishment obligation for each of the one hundred years following submission of the district plan of operation. 19. 20. "Replenish" means to increase the amount of groundwater in an aquifer through water storage pursuant to title 45, chapter 3.1 for the purpose of meeting the obligations of article 4 of this chapter. 20. 21. "Reserve target" means the volume calculated for each active management area as prescribed by section 48-3772, subsection E. 22. "RESIDENTIAL LEASE COMMUNITY": (a) MEANS SIX OR MORE DETACHED RESIDENTIAL DWELLING UNITS that are ON ONE OR MORE LOTS, PARCELS OR FRACTIONAL INTERESTS, WITHOUT REGARD TO THE ZONING CLASSIFICATION OF THE LOTS, PARCELS OR FRACTIONAL INTERESTS, and THAT ARE INTENDED TO BE OFFERED FOR THE PURPOSE OF LEASE, WHETHER IMMEDIATE OR FUTURE, WITHOUT REGARD TO THE LEASE TERM, UNDER A COMMON PROMOTIONAL PLAN AS DEFINED IN SECTION 32-2101. (b) Includes multifamily residential properties as defined in section 49-746. 21. 23. "Resolution" means a resolution adopted by the governing body of a city or town, by the board of directors of a private water company that is a corporation, by the general partners of a private water company that is a partnership or by the individual owners of a private water company that is individually owned. 22. 24. "Secretary" means the secretary of the interior of the United States of America. 23. 25. "Service area" has the same meaning prescribed in section 45-402. 24. 26. "Service area replenishment obligation" means, with respect to any particular member service area, the excess groundwater of that member service area in a particular calendar year reduced by the replenishment credits, if any, applied by the municipal provider with respect to the member service area under section 48-3772, subsection H. 25. 27. "Water storage" has the same meaning prescribed in section 45-802.01. END_STATUTE Sec. 3. Section 48-3772, Arizona Revised Statutes, is amended to read: START_STATUTE48-3772. Duties and powers of district regarding replenishment A. The district shall: 1. Establish annually the costs and expenses to replenish groundwater pursuant to this article with respect to all parcels of member lands and all member service areas located in each active management area, including capital expenses, debt service expenses, the operation, maintenance, replacement and administrative costs and expenses of the district, replenishment reserve costs and expenses as provided in subsection E of this section and reasonable reserves. Separate calculations of costs and expenses shall be made for each active management area in which member lands or member service areas are located and for each membership category. Costs and expenses attributed by the district to contract replenishment obligations shall not be included in these calculations. 2. Provide for the payment of all costs and expenses to replenish groundwater pursuant to this chapter and the payment of operation, maintenance, replacement and administrative costs and expenses and debt service expenses of the district. 3. Levy an annual replenishment assessment against each parcel of member land pursuant to section 48-3778 and an annual replenishment tax against each municipal provider that has a member service area pursuant to section 48-3781 to pay the district's costs and expenses as established pursuant to paragraph 1 of this subsection. 4. Levy a contract replenishment tax against municipal providers that are parties to contracts authorized under subsection B, paragraph 9 of this section to pay the district's costs and expenses to replenish groundwater based on contract replenishment obligations. 5. Establish and maintain reserve accounts in amounts as may be deemed necessary to perform the district's obligations under this article. 6. Fulfill all obligations under resolutions adopted pursuant to subsection B, paragraph 10 of this section. 7. Levy an activation fee as follows: (a) For subdivisions within member lands and member service areas that are enrolled before May 6, 2004 and that had not been issued a public report before August 12, 2005, the district shall levy a onetime activation fee against each housing unit to be constructed within the subdivision. (b) For subdivisions within member lands and member service areas that are enrolled on or after May 6, 2004, the district shall levy a onetime activation fee against each housing unit to be constructed within the subdivision. (c) For residential lease communities and condominiums within member lands and member service areas that are enrolled on or after January 1, 2026, the district shall levy a onetime activation fee against each housing unit to be constructed within the residential lease community or condominium. (c) (d) The activation fee shall be paid to the district according to either one of the following schedules, whichever the subdivider payor elects: (i) Paid in full before issuance of a public report for each real estate subdivision identified in subdivision (a) or (b) of this paragraph. (ii) One-half paid before issuance of a public report for each real estate subdivision identified in subdivision (a) or (b) of this paragraph and the remaining amount paid no later than one year after the issuance of the public report. The total amount of the activation fee must be the amount of the activation fee in effect at the time of the initial payment. Payment of the initial one-half of the activation fee pursuant to this item constitutes sufficient payment of applicable fees for notice of intent to subdivide as prescribed in section 32-2181, subsection C and for issuance of a public report as prescribed in section 32-2183, subsection G and section 45-576, subsection C, except that on failure to pay the remaining amount, the commissioner shall suspend the public report for that subdivision pursuant to section 32-2183. (iii) PAID IN FULL pursuant to section 45-576, subsection M. (d) (e) The activation fee shall be established annually by the district. The amount of the activation fee to be paid to the district under subdivision (c) (d) of this paragraph must be the amount of the activation fee in effect at the time of payment. Revenues from the activation fee together with revenues from other sources that are legally available to the district for those uses shall be used by the district to acquire, lease or exchange water or water rights and develop infrastructure necessary for the district to perform its replenishment obligations. 8. For any year, set all of its rates and charges associated with the acquisition, lease or exchange of water or water rights and development of infrastructure necessary for the district to perform its replenishment obligations, other than the annual membership dues established pursuant to section 48-3779, so that the total projected revenues from revenue sources other than the annual membership dues, that are legally available to the district in that year to pay costs associated with the acquisition, lease or exchange of water or water rights and development of infrastructure necessary for the district to perform its replenishment obligations, shall be at least three times the total projected revenues from the annual membership dues in that year. For the purposes of this paragraph, costs associated with the acquisition, lease or exchange of water or water rights do not include the annual costs associated with delivery of water for replenishment purposes. B. The district may: 1. Acquire, develop, construct, operate, maintain, replace and acquire permits for water storage, storage facilities and recovery wells for replenishment purposes. 2. Acquire, transport, hold, exchange, own, lease, store or replenish water, except groundwater withdrawn from an active management area, subject to the provisions of title 45, for the benefit of member lands and member service areas. 3. Acquire, hold, exchange, own, lease, retire or dispose of water rights for the benefit of member lands and member service areas. 4. Require municipal providers to provide such information, in such form and within the time limits prescribed by the district, as may be necessary to carry out the purpose of this chapter. 5. Levy and collect assessments, fees, charges, taxes and other revenues as are provided in this chapter for the financing of replenishment activities. 6. Contract for or perform feasibility studies of water storage, storage facilities and recovery wells for replenishment purposes. 7. Acquire real and personal property for water storage, storage facilities and recovery wells for replenishment purposes by purchase, lease, donation, dedication, exchange or other lawful means. 8. Use any facilities and any excess storage capacity of any state demonstration projects undertaken pursuant to title 45, chapter 3.1 for water storage for replenishment purposes. 9. Subject to subsection G of this section, contract with any municipal provider having a member service area to replenish groundwater on behalf of the municipal provider and with respect to the member service area in an amount in excess of the sum of the service area replenishment obligations applicable to the member service area for all years in which the district has not completed the replenishment of the groundwater replenishment obligation for the member service area. 10. Adopt resolutions granting water availability status to a member service area of a city, town or private water company and committing to replenish a specified average annual volume of water in a location where the city, town or private water company may physically access the water for service to its customers, if all of the following apply: (a) The district has reviewed its requirements for transportation of central Arizona project water, its contracts, subcontracts, letter agreements, excess water contracts and other contractual obligations and its member service area and member land requirements and has determined that the district can meet those obligations and that capacity remains in the central Arizona project to meet the obligations undertaken through the resolution. (b) The resolution acknowledges that the commitment to replenish the specified average annual volume of water in the location cited in the resolution shall be a permanent obligation of the district, unless one of the following applies: (i) A permanent substitute supply of water is found for the city, town or private water company and the substitution is approved by the director of water resources, thus terminating the water availability status of the member service area. (ii) The requirements of section 45-576.07, subsection A are not met, and thus the director of water resources does not issue an order granting or maintaining the city, town or private water company as having an assured water supply based in whole or in part on section 45-576.07. If no order is issued within two years of the district adopting the resolution, the resolution may be repealed, and the district shall be relieved of all obligations under the resolution. (c) The average annual volume of water specified in the resolution, when added to the average annual volume of water specified in all other resolutions adopted pursuant to this paragraph, does not exceed twenty thousand acre-feet. (d) The district has entered into an agreement with the city, town or private water company under which the city, town or private water company will hold for the district's future use, and provide to the district when needed, sufficient water to meet the obligations undertaken by the district through the resolution. (e) The district determines that the obligations undertaken by the district through the resolution will not increase annual replenishment assessment rates or costs to central Arizona project contract and subcontract holders and its member service areas and member lands. (f) The director of water resources has found, pursuant to section 45-576.07, subsection H, that the district has the capability to grant water availability status to member service areas. 11. Provide in resolutions adopted pursuant to paragraph 10 of this subsection that the district may fulfill its obligations under the resolution in any year by directly delivering to the city, town or private water company the water that otherwise would have been replenished pursuant to the resolution, if all of the following apply: (a) The district has reviewed its requirements for transportation of central Arizona project water, its contracts, subcontracts, letter agreements, excess water contracts and other contractual obligations and its member service area and member land requirements and has determined that the district can meet those obligations and that capacity remains in the central Arizona project to make direct deliveries pursuant to this paragraph. (b) The district determines that the delivery will not increase annual replenishment assessment rates or costs to central Arizona project contract and subcontract holders, its member service area and member lands. 12. Enter into agreements with a city, town or private water company that will have water made available to it through a resolution adopted pursuant to paragraph 10 of this subsection and under which the city, town or private water company compensates the district for the costs and fair value of the water supply provided by the district. 13. Issue revenue bonds pursuant to article 3 of this chapter to fund the costs and expenses of the district for the acquisition, lease or exchange of water or water rights and the development of infrastructure necessary for the district to perform its replenishment obligations subject to the following: (a) The principal of, interest and premiums, if any, on revenue bonds issued pursuant to article 3 of this chapter to acquire, lease or exchange water or water rights and develop infrastructure necessary for the district to perform its replenishment obligations are not payable from any revenues of the district other than revenues generated or collected pursuant to this article that are legally available to the district for those purposes and revenues from the investment of the proceeds of the bonds. (b) The district may not use the proceeds of the bonds to acquire or lease: (i) Groundwater, as defined in section 45-101, except as expressly authorized in sections 45-547, 45-553 and 45-554. (ii) Surface water, as defined in section 45-101, that is the subject of a general adjudication pursuant to title 45, chapter 1, article 9. (c) Nothing in Subdivision (b) of this paragraph prohibits does not prohibit the district from acquiring or leasing central Arizona project water. 14. Except as provided in section 48-3780.01, subsection B, in addition to any other assessments, fees, charges or taxes levied and collected under this chapter, or under any declaration, contract or agreement entered into under this chapter, charge annual dues for membership pursuant to section 48-3779 against each parcel of member land and each municipal provider that has a member service area. C. The functions of the district under subsection B, paragraph 1 of this section may be performed on behalf of the district by other persons under contract with the district. D. The capital costs of the facilities of any state demonstration projects used by the district pursuant to subsection B, paragraph 8 of this section shall not be included in the capital costs and expenses established by the district under subsection A, paragraph 1 of this section. E. The district shall establish and maintain a replenishment reserve as follows: 1. The district shall calculate a reserve target for each of the three active management areas within the district and shall identify the reserve target in the plan of operation prepared pursuant to section 45-576.02. The reserve target for each active management area shall be calculated as follows: (a) For each active management area, add together the projected replenishment obligation for each of the one hundred years following submission of the plan of operation. For the purposes of this subdivision, each active management area's projected replenishment obligation does not include replenishment obligations under resolutions adopted pursuant to subsection B, paragraph 10 of this section or replenishment obligations for category 2 member lands. (b) Subtract from the sum of the active management area's projected replenishment obligation over the one hundred-year period the sum of the following volumes of water derived from sources identified in the plan as water that the district plans to use to meet its replenishment obligations for that active management area: (i) The annual volume of each nondeclining, long-term municipal and industrial subcontract for central Arizona project water multiplied by one hundred. (ii) The annual volume of water under leases or contracts that can be made physically and legally available to the district consistent with the rules adopted pursuant to section 45-576, subsection H, multiplied by the number of years, not to exceed one hundred, in which the water is to be made available to the district. The water need not be continuously available to be included in this item. A lease or contract shall not be considered under this item if the water to be made available under the lease or contract is for a term of less than twenty years. (iii) The total volume of groundwater that the district plans to transport to the active management area during the next one hundred years as allowed by title 45, chapter 2, article 8.1. (iv) The total volume of all sources of water not identified in items (i), (ii) or (iii) of this subdivision that will not be held by the district under a lease or contract. Volumes to be included under this item must be consistent with the rules adopted by the director pursuant to section 45-576, subsection H. (c) Multiply the result from subdivision (b) of this paragraph by twenty percent. The result is the reserve target for the active management area. 2. The reserve target for an active management area may be adjusted by the district, subject to the approval of the director of water resources, based on changes in either of the following: (a) The active management area's projected replenishment obligation. (b) The volumes of water identified in the plan of operation prepared pursuant to section 45-576.02 as water that the district plans to use to meet its replenishment obligations for that active management area. 3. The district shall include a replenishment reserve charge in the annual replenishment assessment levied against all parcels of category 1 member land as provided in section 48-3774.01 and in the annual replenishment tax levied against all municipal providers that have member service areas as provided in section 48-3780.01. The replenishment reserve charge for each active management area is established annually by the district based on the reserve target for that active management area. 4. The district shall levy a replenishment reserve fee against category 1 member lands pursuant to section 48-3774.01 and against member service areas pursuant to section 48-3780.01. For category 1 member lands the fee is equal to twice the applicable replenishment reserve charge multiplied by the total projected average annual replenishment obligation for the member lands as reported by the director of water resources pursuant to section 45-578, subsection F. For member service areas the fee is equal to twice the applicable replenishment reserve charge multiplied by the excess groundwater increment. With the approval of the district and the director of water resources, long-term storage credits as defined in section 45-802.01 may be assigned to the district's replenishment reserve subaccount in lieu of paying the replenishment reserve fee. 5. The district shall use replenishment reserve charges and replenishment reserve fees collected within each active management area together with all interest earned on the charges and fees to store water in that active management area in advance of groundwater replenishment obligations for the purpose of developing long-term storage credits as defined in section 45-802.01 that shall be credited to the replenishment reserve subaccount for that active management area as provided in section 45-859.01. 6. Beginning on January 1, 2030 or earlier, on approval of the director of water resources pursuant to section 45-859.01, subsection K, the district may transfer credits from a replenishment reserve subaccount to a conservation district account as provided in section 45-859.01 to satisfy its groundwater replenishment obligations. 7. If the district transfers credits from the replenishment reserve subaccount for an active management area pursuant to section 45-859.01, subsection E, the district shall include in the annual replenishment assessment levied against all parcels of category 1 member land in that active management area and, except as provided in section 48-3780.01, subsection B, in the annual replenishment tax levied against all municipal providers that have member service areas in that active management area a reserve replacement component to fund the replacement of the transferred credits. The district shall use all monies from the reserve replacement component collected within an active management area together with all interest earned on the monies to develop long-term storage credits as defined in section 45-802.01 within that active management area to be credited to the replenishment reserve subaccount for that active management area as provided in section 45-859.01. 8. For the purposes of establishing and maintaining the replenishment reserve, the district shall have access to excess central Arizona project water equivalent to but not more than the access the Arizona water banking authority has for the purposes specified in section 45-2401, subsection H, paragraph 2. F. Groundwater replenished by the district pursuant to a contract to replenish groundwater under subsection B, paragraph 9 of this section shall not be credited to a replenishment reserve subaccount established under section 45-859.01. G. The district shall not enter into a contract authorized under subsection B, paragraph 9 of this section unless the district has determined that the contract will not adversely affect the district's ability to fulfill its obligations under this chapter. For each contract entered into under subsection B, paragraph 9 of this section, the district shall perform its contract replenishment obligations in the active management area in which the service area of the municipal provider that is the party to the contract is located. H. If the district replenishes groundwater on behalf of a municipal provider pursuant to a contract to replenish groundwater under subsection B, paragraph 9 of this section, the amount of groundwater so replenished shall be a replenishment credit to the municipal provider that may be applied by the municipal provider on notice to the district to reduce the service area replenishment obligations applicable to the municipal provider. I. In the Phoenix active management area, the district, to the extent reasonably feasible, shall replenish groundwater in the east portion of the active management area and in the west portion of the active management area in the approximate proportion that the groundwater replenishment obligation attributable in a particular year to member lands and member service areas located in the east portion of the active management area bears to the groundwater replenishment obligation attributable in that year to member lands and member service areas located in the west portion of the active management area. For the purposes of this subsection, the boundary between the east Salt river valley subbasin and the west Salt river valley subbasin is the boundary between the east and west portions of the active management area. J. The costs and expenses charged by the district to an active management area water district established under chapter 28 of this title for delivery of surplus central Arizona project water to such active management area water district for replenishment purposes shall not exceed the costs and expenses for delivery of such water that are or would be included by the district in the costs and expenses of replenishment for member lands and member service areas within the active management area in which such active management area water district is situated. END_STATUTE Sec. 4. Section 48-3774.01, Arizona Revised Statutes, is amended to read: START_STATUTE48-3774.01. Category 1 member lands; category 2 member lands; fees A. Except as provided in subsection B of this section, all real property that qualifies under section 48-3774 shall be category 1 member land. The district shall levy annual replenishment reserve charges and one-time onetime replenishment reserve fees for category 1 member lands as provided in section 48-3772, subsection E and as follows: 1. For category 1 member lands that qualified before January 1, 2004, the district shall levy annual replenishment reserve charges for twenty-five years beginning in 2004. 2. For category 1 member land that qualifies on or after January 1, 2004, a replenishment reserve fee shall be paid before issuance of a public report for each final plat within the member land as provided in section 45-576, subsection C or PAID in full PURSUANT to section 45-576, subsection M and the district shall levy annual replenishment reserve charges against the land included within the final plat for twenty-three years beginning in the year after payment of the corresponding replenishment reserve fee. B. A parcel of member land shall be a category 2 member land if all of the following apply: 1. The parcel of member land is or will be used as a golf course. 2. The parcel of member land is not served by a water provider that has been designated by the director of water resources as having an assured water supply pursuant to section 45-576. 3. The owner of the parcel notifies the district in writing at the time of qualification that the parcel is to be category 2 member land. For member land that qualified under section 48-3774 before January 1, 2004, such the notification must be made no not later than January 30, 2004. C. The district shall not levy replenishment reserve fees, replenishment reserve charges or a reserve replacement component against category 2 member lands. D. The district shall not use credits from a replenishment reserve subaccount established under section 45-859.01 to satisfy its groundwater replenishment obligations for category 2 member lands. If as a result the district incurs additional costs and expenses in meeting its replenishment obligations for category 2 member lands, those additional costs and expenses are attributed solely to category 2 member lands for the purposes of section 48-3772, subsection A, paragraph 1.END_STATUTE Sec. 5. Section 48-3779, Arizona Revised Statutes, is amended to read: START_STATUTE48-3779. Annual membership dues A. On or before the third Monday of August of each year beginning in 2011, the district may charge annual membership dues on all parcels of member lands, on each residence WITHIN a RESIDENTIAL lease community or unit within a condominium and on all municipal providers having a member service area. B. The annual membership dues shall be established annually by the district. The district shall use revenues from the annual membership dues, together with revenues from other revenue sources that are legally available to the district for those uses, solely to pay costs associated with the acquisition, lease or exchange of water or water rights and development of infrastructure necessary for the district to perform its replenishment obligations, including the payment of debt service expenses, and necessary reserves and coverage requirements, on bonds issued for replenishment purposes. C. For any year in which the district has, or expects to have, any revenue bonds outstanding that were issued for replenishment purposes pursuant to section 48-3772, subsection B, paragraph 13, the annual membership dues shall be established in an amount determined by the district to be sufficient to provide, with other revenues legally available to the district for those purposes, and taking into account the requirements of section 48-3772, subsection A, paragraph 8, for the payment of all debt service expenses, including necessary reserves and coverage requirements with respect to the bonds. D. When the district has determined the amount of revenues to be raised through the annual membership dues, the district shall allocate the amount to be raised between member lands, RESIDENCES WITHIN RESIDENTIAL lease communities, units within condominiums and member service areas prorated on the basis of the following two volumes: 1. Total current and projected annual replenishment obligation of all member lands as identified in the most recent plan of operation determined by the director of water resources to be consistent with achieving the management goal for the active management areas pursuant to section 45-576.03, subsection M, O or R. 2. Total planned annual service area replenishment obligations for all member service areas. The planned annual service area replenishment obligation for a member service area is the lesser of: (a) The annual service area replenishment obligation, as determined by the district, associated with the current and committed water demands projected within the member service area as of December 31 of the year following the year in which the district is required to submit its next plan under section 45-576.02, subsection C. (b) The maximum amount of excess groundwater that may be reported to the district as delivered by the municipal provider within the member service area in any year as established in an agreement executed between the municipal provider and the district. E. The total amount allocated to member lands in any year, as calculated pursuant to subsection D of this section, shall be prorated among the Phoenix, Pinal and Tucson active management areas based on the current and projected annual replenishment obligation of all member lands in that active management area as identified in the most recent plan of operation determined by the director of water resources to be consistent with achieving the management goal for the active management area pursuant to section 45-576.03, subsection M, O or R. The prorated amount within each active management area shall be further prorated among all parcels of member land, all RESIDENCES WITHIN RESIDENTIAL lease communities and all units within condominiums located within that active management area based on a uniform fee per lot levied against the total number of residential, commercial and common area lots, all RESIDENCES WITHIN RESIDENTIAL lease communities and all units within condominiums included, or intended to be included, in each parcel of member land. These dues are a lien on each parcel of member land and shall be certified, collected and enforced with respect to member land in the same manner as the annual assessment pursuant to section 48-3778. However, any parcel of member land that is included in the service area of a municipal provider that has been designated as having an assured water supply under section 45-576 is not subject to the annual membership dues. F. The total amount allocated to member service areas in any year, as calculated pursuant to subsection D of this section, shall be prorated among all member service areas based on a uniform fee per acre-foot levied against the member service area's dues volume. The dues volume for a member service area is the greater of: 1. The planned annual service area replenishment obligation as established pursuant to subsection D, paragraph 2 of this section for the member service area. 2. Five per cent percent of the service area's annual estimated water demand to be satisfied with excess groundwater as identified in the service area's most recent designation order issued by the director of water resources. If the service area's most recent designation order issued by the director of water resources does not identify the annual estimated water demand to be satisfied with excess groundwater, the service area's annual estimated water demand to be satisfied with excess groundwater shall be calculated consistent with the rules adopted by the director pursuant to section 45-576, subsection H. G. Except in the first full year following the year in which the director makes a determination that the district's most recent plan of operation is consistent with achieving the management goals of the active management areas pursuant to section 45-576.03, subsection M, for any year in which the dues volume for a member service area, as determined pursuant to subsection F of this section, exceeds the previous year's dues volume for the member service area, a makeup charge shall be added to the annual membership dues allocated under subsection F of this section to the member service area. The makeup charge shall become part of the member service area's annual membership dues for that year and is the sum of: 1. The difference between the current year's dues volume and the previous year's dues volume, in acre-feet, multiplied by the sum of the uniform fees per acre-foot established pursuant to subsection F of this section for each year since the later of: (a) The first full year following the year of the director's determination that the district's most recent plan of operation is consistent with achieving the management goals of the active management areas pursuant to section 45-576.03, subsection M. (b) The year in which the service area qualified as a member service area pursuant to section 48-3780. 2. Interest on the amount established in paragraph 1 of this subsection calculated at an interest rate determined by the district. 3. The amounts established in paragraphs 1 and 2 of this subsection multiplied by ten per cent percent. H. The annual membership dues become an obligation of each municipal provider that has a member service area and shall be stated, collected and enforced with respect to the municipal provider in the same manner as the annual replenishment tax pursuant to sections 48-3781 and 48-3782. I. Annual membership dues collected by the district shall be deposited in a special fund established by the state to be spent by the district only for the purposes authorized by this article, including: 1. The payment of debt service expenses and funding reserves for bonds issued for replenishment purposes. 2. The payment of the costs of acquiring, leasing or exchanging water or water rights and development of infrastructure necessary for the district to perform its replenishment obligations. J. Amounts collected may be transferred to a bank or trust company to be held in trust and spent with respect to bonds issued for replenishment purposes. END_STATUTE |
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| 81 | 81 | | |
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| 82 | 82 | | Be it enacted by the Legislature of the State of Arizona: |
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| 83 | 83 | | |
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| 84 | 84 | | Section 1. Section 45-576, Arizona Revised Statutes, is amended to read: |
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| 85 | 85 | | |
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| 86 | 86 | | START_STATUTE45-576. Certificate of assured water supply; designated cities, towns and private water companies; exemptions; definitions |
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| 87 | 87 | | |
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| 88 | 88 | | A. Except as provided in subsections G and J of this section, a person who proposes to offer subdivided lands, as defined in section 32-2101, for sale or lease in an active management area shall apply for and obtain a certificate of assured water supply from the director before presenting the plat for approval to the city, town or county in which the land is located, where such is required, and before filing with the state real estate commissioner a notice of intention to offer such lands for sale or lease, pursuant to section 32-2181, unless the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply pursuant to this section. |
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| 89 | 89 | | |
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| 90 | 90 | | B. Except as provided in subsections G and J of this section, a city, town or county may approve a subdivision plat only if the subdivider has obtained a certificate of assured water supply from the director or the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply pursuant to this section. The city, town or county shall note on the face of the approved plat that a certificate of assured water supply has been submitted with the plat or that the subdivider has obtained a written commitment of water service for the proposed subdivision from a city, town or private water company designated as having an assured water supply pursuant to this section. |
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| 91 | 91 | | |
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| 92 | 92 | | C. Except as provided in subsections G and J of this section, the state real estate commissioner may issue a public report authorizing the sale or lease of subdivided lands only on compliance with either of the following: |
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| 93 | 93 | | |
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| 94 | 94 | | 1. The subdivider, owner or agent has paid any activation fee required under section 48-3772, subsection A, paragraph 7 and any replenishment reserve fee required under section 48-3774.01, subsection A, paragraph 2 and has obtained a certificate of assured water supply from the director. |
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| 95 | 95 | | |
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| 96 | 96 | | 2. The subdivider has obtained a written commitment of water service for the lands from a city, town or private water company designated as having an assured water supply pursuant to this section and the subdivider, owner or agent has paid any activation fee required under section 48-3772, subsection A, paragraph 7. |
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| 97 | 97 | | |
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| 98 | 98 | | D. The director shall designate private water companies in active management areas that have an assured water supply. If a city or town acquires a private water company that has contracted for central Arizona project water, the city or town shall assume the private water company's contract for central Arizona project water. |
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| 99 | 99 | | |
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| 100 | 100 | | E. The director shall designate cities and towns in active management areas where an assured water supply exists. If a city or town has entered into a contract for central Arizona project water, the city or town is deemed to continue to have an assured water supply until December 31, 1997. Commencing on January 1, 1998, the determination that the city or town has an assured water supply is subject to review by the director and the director may determine that a city or town does not have an assured water supply. |
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| 101 | 101 | | |
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| 102 | 102 | | F. The director shall notify the mayors of all cities and towns in active management areas and the chairmen of the boards of supervisors of counties in which active management areas are located of the cities, towns and private water companies designated as having an assured water supply and any modification of that designation within thirty days of after the designation or modification. If the service area of the city, town or private water company has qualified as a member service area pursuant to title 48, chapter 22, article 4, the director shall also notify the conservation district of the designation or modification and shall report the projected average annual replenishment obligation for the member service area based on the projected and committed average annual demand for water within the service area during the effective term of the designation or modification subject to any limitation in an agreement between the conservation district and the city, town or private water company. For each city, town or private water company that qualified as a member service area under title 48, chapter 22 and that was designated as having an assured water supply before January 1, 2004, the director shall report to the conservation district on or before January 1, 2005 the projected average annual replenishment obligation based on the projected and committed average annual demand for water within the service area during the effective term of the designation subject to any limitation in an agreement between the conservation district and the city, town or private water company. Persons proposing to offer subdivided lands served by those designated cities, towns and private water companies for sale or lease are exempt from applying for and obtaining a certificate of assured water supply. |
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| 103 | 103 | | |
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| 104 | 104 | | G. This section does not apply in the case of the sale of lands for developments that are subject to a mineral extraction and metallurgical processing permit or an industrial use permit pursuant to sections 45-514 and 45-515. |
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| 105 | 105 | | |
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| 106 | 106 | | H. The director shall adopt rules to carry out the purposes of this section. On or before January 1, 2008, The rules shall provide for a reduction in water demand for an application for a designation of assured water supply or a certificate of assured water supply if a gray water reuse system will be installed that meets the requirements of the rules adopted by the department of environmental quality for gray water systems and if the application is for a certificate of assured water supply, the land for which the certificate is sought must qualify as a member land in a conservation district pursuant to title 48, chapter 22, article 4. For the purposes of this subsection, "gray water" has the same meaning prescribed in section 49-201. |
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| 107 | 107 | | |
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| 108 | 108 | | I. If the director designates a municipal provider as having an assured water supply under this section and the designation lapses or otherwise terminates while the municipal provider's service area is a member service area of a conservation district, the municipal provider or its successor shall continue to comply with the consistency with management goal requirements in the rules adopted by the director under subsection H of this section as if the designation was still in effect with respect to the municipal provider's designation uses. When determining compliance by the municipal provider or its successor with the consistency with management goal requirements in the rules, the director shall consider only water delivered by the municipal provider or its successor to the municipal provider's designation uses. A person is the successor of a municipal provider if the person commences water service to uses that were previously designation uses of the municipal provider. Any groundwater delivered by the municipal provider or its successor to the municipal provider's designation uses in excess of the amount allowed under the consistency with management goal requirements in the rules shall be considered excess groundwater for purposes of title 48, chapter 22. For the purposes of this subsection, "designation uses" means all water uses served by a municipal provider on the date the municipal provider's designation of assured water supply lapses or otherwise terminates and all recorded lots within the municipal provider's service area that were not being served by the municipal provider on that date but that received final plat approval from a city, town or county on or before that date. Designation uses do not include industrial uses served by an irrigation district under section 45-497. |
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| 109 | 109 | | |
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| 110 | 110 | | J. Subsections A, B and C of this section do not apply to a person who proposes to offer subdivided land for sale or lease in an active management area if all the following apply: |
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| 111 | 111 | | |
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| 112 | 112 | | 1. The director issued a certificate of assured water supply for the land to a previous owner of the land and the certificate was classified as a type A certificate under rules adopted by the director pursuant to subsection H of this section. |
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| 113 | 113 | | |
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| 114 | 114 | | 2. The director has not revoked the certificate of assured water supply described in paragraph 1 of this subsection, and proceedings to revoke the certificate are not pending before the department or a court. The department shall post on its website a list of all certificates of assured water supply that have been revoked or for which proceedings are pending before the department or a court. |
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| 115 | 115 | | |
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| 116 | 116 | | 3. The plat submitted to the department in the application for the certificate of assured water supply described in paragraph 1 of this subsection has not changed. |
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| 117 | 117 | | |
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| 118 | 118 | | 4. Water service is currently available to each lot within the subdivided land and the water provider listed on the certificate of assured water supply described in paragraph 1 of this subsection has not changed. |
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| 119 | 119 | | |
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| 120 | 120 | | 5. The subdivided land qualifies as a member land under title 48, chapter 22 and the subdivider has paid any activation fee required under section 48-3772, subsection A, paragraph 7 and any replenishment reserve fee required under section 48-3774.01, subsection A, paragraph 2. |
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| 121 | 121 | | |
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| 122 | 122 | | 6. The plat is submitted for approval to a city, town or county that is listed on the department's website as a qualified platting authority. |
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| 123 | 123 | | |
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| 124 | 124 | | K. Subsection J of this section does not affect the assignment of a certificate of assured water supply as prescribed by section 45-579. |
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| 125 | 125 | | |
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| 126 | 126 | | L. On or before December 31, 2023, the director shall study and submit to the governor, president of the senate and speaker of the house of representatives a report on whether and how a person that seeks a building permit for six or more residences within an active management area, without regard to any proposed lease term for those residences, should apply for and obtain a certificate of assured water supply from the director before presenting the permit application for approval to the county in which the land is located, unless the applicant has obtained a written commitment of water service for the residences from a city, town or private water company designated as having an assured water supply pursuant to this section. |
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| 127 | 127 | | |
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| 128 | 128 | | M. Except for applications submitted on or before September 30, 2024, before presenting a permit application for approval to the city, town or county in which the land is located, a person that seeks a building permit or building plan for six or more detached single-family residences, a multifamily residential property or a condominium within any active management area, without regard to any proposed lease term for those detached single-family or multifamily residences, shall: |
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| 129 | 129 | | |
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| 130 | 130 | | 1. Apply for and obtain a certificate of assured water supply from the director unless the applicant has obtained a written commitment of water service for the residences from a city, town or private water company that is designated as having an assured water supply pursuant to this section. |
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| 131 | 131 | | |
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| 132 | 132 | | 2. Pay all applicable fees pursuant to sections 48-3772 and 48-3774.01 and accompany the permit application with proof that the applicable fees have been paid. |
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| 133 | 133 | | |
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| 134 | 134 | | N. Except for applications submitted on or before September 30, 2024, a city, town or county may approve a building permit or building plan application that includes six or more detached single-family residences, a multifamily residential property or a condominium within any active management area, without regard to any proposed lease term for those detached single-family or multifamily residences, only if the residences included in the building permit or building plan have obtained a certificate of assured water supply from the director or a written commitment of water service for the residences from a city, town or private water company that is designated as having an assured water supply pursuant to this section. |
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| 135 | 135 | | |
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| 136 | 136 | | M. O. For the purposes of this section: , |
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| 137 | 137 | | |
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| 138 | 138 | | 1. "Assured water supply" means all of the following: |
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| 139 | 139 | | |
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| 140 | 140 | | 1. (a) 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 one hundred years. Beginning January 1 of the calendar year following the year in which a groundwater replenishment district is required to submit its preliminary plan pursuant to section 45-576.02, subsection A, paragraph 1, with respect to an applicant that is a member of the district, "sufficient groundwater" for the purposes of this paragraph means that the proposed groundwater withdrawals that the applicant will cause over a period of one hundred years will be of adequate quality and will not exceed, in combination with other withdrawals from land in the replenishment district, a depth to water of one thousand feet or the depth of the bottom of the aquifer, whichever is less. In determining depth to water for the purposes of this paragraph, the director shall consider the combination of: |
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| 141 | 141 | | |
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| 142 | 142 | | (a) (i) The existing rate of decline. |
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| 143 | 143 | | |
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| 144 | 144 | | (b) (ii) The proposed withdrawals. |
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| 145 | 145 | | |
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| 146 | 146 | | (c) (iii) The expected water requirements of all recorded lots that are not yet served water and that are located in the service area of a municipal provider. |
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| 147 | 147 | | |
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| 148 | 148 | | 2. (b) The projected groundwater use is consistent with the management plan and achievement of the management goal for the active management area. |
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| 149 | 149 | | |
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| 150 | 150 | | 3. (c) 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. The director may accept evidence of the construction assurances required by section 9-463.01, 11-823 11-822 or 32-2181 to satisfy this requirement. |
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| 151 | 151 | | |
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| 152 | 152 | | 2. "Condominium" has the same meaning prescribed in section 33-1202. |
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| 153 | 153 | | |
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| 154 | 154 | | 3. "Multifamily residential property" has the same meaning prescribed in section 49-746. END_STATUTE |
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| 155 | 155 | | |
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| 156 | 156 | | Sec. 2. Section 48-3701, Arizona Revised Statutes, is amended to read: |
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| 157 | 157 | | |
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| 158 | 158 | | START_STATUTE48-3701. Definitions |
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| 159 | 159 | | |
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| 160 | 160 | | In this chapter, unless the context otherwise requires: |
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| 161 | 161 | | |
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| 162 | 162 | | 1. "Active management area" means an active management area established under title 45, chapter 2, article 2. |
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| 163 | 163 | | |
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| 164 | 164 | | 2. "Board" means the board of directors of a multi-county water conservation district. |
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| 165 | 165 | | |
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| 166 | 166 | | 3. "Condominium" has the same meaning prescribed in section 33-1202. |
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| 167 | 167 | | |
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| 168 | 168 | | 3. 4. "Contract replenishment obligation" means an amount of groundwater that the district contracts to replenish in a year on behalf of a municipal provider pursuant to a contract authorized under section 48-3772, subsection B, paragraph 9. |
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| 169 | 169 | | |
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| 170 | 170 | | 4. 5. "Credits" means any groundwater in addition to the amount of groundwater that may be used at a member land or delivered within a member service area for use within the member service area pursuant to the applicable assured water supply rules adopted by the department of water resources. |
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| 171 | 171 | | |
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| 172 | 172 | | 5. 6. "Declaration" means an instrument recorded against real property and conforming to the requirements prescribed by section 48-3774, subsection A, paragraph 5. |
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| 173 | 173 | | |
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| 174 | 174 | | 6. 7. "District" means a multi-county water conservation district organized under the authority of this chapter. |
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| 175 | 175 | | |
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| 176 | 176 | | 7. 8. "Excess groundwater" means an amount of groundwater equal to that amount of groundwater delivered to a member land in a calendar year or delivered within a member service area by the municipal provider for that member service area in a calendar year in excess of the amount of groundwater that may be used at the member land in that calendar year or that may be delivered by the municipal provider for use within the member service area in that calendar year and consistent with the applicable assured water supply rules adopted by the department of water resources for the active management area where the member land or the member service area is located. |
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| 177 | 177 | | |
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| 178 | 178 | | 8. 9. "Excess groundwater increment" means the amount by which excess groundwater reported for a member service area under section 48-3775, subsection B in any year exceeds the maximum amount of excess groundwater reported for that member service area in any prior year. |
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| 179 | 179 | | |
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| 180 | 180 | | 9. 10. "Groundwater replenishment obligation" means, for each active management area in which member lands or member service areas are or may be located, the total of the cumulative parcel replenishment obligation of all parcels of member land in that active management area for a particular calendar year plus the cumulative service area replenishment obligation of all member service areas in that active management area for a particular calendar year. |
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| 181 | 181 | | |
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| 182 | 182 | | 10. 11. "Member land" means any real property that meets the requirements of section 48-3774. |
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| 183 | 183 | | |
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| 184 | 184 | | 11. 12. "Member service area" means the service area of a municipal provider that qualifies as a member service area under section 48-3780, including any additions to or extensions of the service area. |
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| 185 | 185 | | |
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| 186 | 186 | | 12. 13. "Multi-county water conservation district" means a district composed of three or more counties that have joined together for the creation of a district. |
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| 187 | 187 | | |
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| 188 | 188 | | 13. 14. "Municipal provider" means a city, town or private water company or an irrigation district that supplies water for non-irrigation use. |
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| 189 | 189 | | |
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| 190 | 190 | | 14. 15. "Parcel of member land" means any portion of member land for which the tax assessor for the county in which the member land is located has issued a separate county parcel number. |
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| 191 | 191 | | |
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| 192 | 192 | | 15. 16. "Parcel replenishment obligation" means, with respect to any particular parcel of member land, an amount of groundwater that is equal to the amount of groundwater delivered to the parcel of member land in a calendar year multiplied by the percentage that the excess groundwater of the applicable member land for that year bears to the total amount of groundwater delivered to the applicable member land during that year. |
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| 193 | 193 | | |
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| 194 | 194 | | 16. 17. "Population" means the population determined in the most recent United States decennial census. |
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| 195 | 195 | | |
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| 196 | 196 | | 17. 18. "Private water company" has the same meaning prescribed in section 45-402. |
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| 197 | 197 | | |
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| 198 | 198 | | 18. 19. "Projected replenishment obligation" means for each active management area, the district's total projected annual groundwater replenishment obligation for each of the one hundred years following submission of the district plan of operation. |
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| 199 | 199 | | |
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| 200 | 200 | | 19. 20. "Replenish" means to increase the amount of groundwater in an aquifer through water storage pursuant to title 45, chapter 3.1 for the purpose of meeting the obligations of article 4 of this chapter. |
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| 201 | 201 | | |
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| 202 | 202 | | 20. 21. "Reserve target" means the volume calculated for each active management area as prescribed by section 48-3772, subsection E. |
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| 203 | 203 | | |
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| 204 | 204 | | 22. "RESIDENTIAL LEASE COMMUNITY": |
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| 205 | 205 | | |
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| 206 | 206 | | (a) MEANS SIX OR MORE DETACHED RESIDENTIAL DWELLING UNITS that are ON ONE OR MORE LOTS, PARCELS OR FRACTIONAL INTERESTS, WITHOUT REGARD TO THE ZONING CLASSIFICATION OF THE LOTS, PARCELS OR FRACTIONAL INTERESTS, and THAT ARE INTENDED TO BE OFFERED FOR THE PURPOSE OF LEASE, WHETHER IMMEDIATE OR FUTURE, WITHOUT REGARD TO THE LEASE TERM, UNDER A COMMON PROMOTIONAL PLAN AS DEFINED IN SECTION 32-2101. |
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| 207 | 207 | | |
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| 208 | 208 | | (b) Includes multifamily residential properties as defined in section 49-746. |
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| 209 | 209 | | |
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| 210 | 210 | | 21. 23. "Resolution" means a resolution adopted by the governing body of a city or town, by the board of directors of a private water company that is a corporation, by the general partners of a private water company that is a partnership or by the individual owners of a private water company that is individually owned. |
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| 211 | 211 | | |
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| 212 | 212 | | 22. 24. "Secretary" means the secretary of the interior of the United States of America. |
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| 213 | 213 | | |
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| 214 | 214 | | 23. 25. "Service area" has the same meaning prescribed in section 45-402. |
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| 215 | 215 | | |
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| 216 | 216 | | 24. 26. "Service area replenishment obligation" means, with respect to any particular member service area, the excess groundwater of that member service area in a particular calendar year reduced by the replenishment credits, if any, applied by the municipal provider with respect to the member service area under section 48-3772, subsection H. |
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| 217 | 217 | | |
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| 218 | 218 | | 25. 27. "Water storage" has the same meaning prescribed in section 45-802.01. END_STATUTE |
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| 219 | 219 | | |
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| 220 | 220 | | Sec. 3. Section 48-3772, Arizona Revised Statutes, is amended to read: |
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| 221 | 221 | | |
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| 222 | 222 | | START_STATUTE48-3772. Duties and powers of district regarding replenishment |
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| 223 | 223 | | |
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| 224 | 224 | | A. The district shall: |
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| 225 | 225 | | |
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| 226 | 226 | | 1. Establish annually the costs and expenses to replenish groundwater pursuant to this article with respect to all parcels of member lands and all member service areas located in each active management area, including capital expenses, debt service expenses, the operation, maintenance, replacement and administrative costs and expenses of the district, replenishment reserve costs and expenses as provided in subsection E of this section and reasonable reserves. Separate calculations of costs and expenses shall be made for each active management area in which member lands or member service areas are located and for each membership category. Costs and expenses attributed by the district to contract replenishment obligations shall not be included in these calculations. |
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| 227 | 227 | | |
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| 228 | 228 | | 2. Provide for the payment of all costs and expenses to replenish groundwater pursuant to this chapter and the payment of operation, maintenance, replacement and administrative costs and expenses and debt service expenses of the district. |
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| 229 | 229 | | |
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| 230 | 230 | | 3. Levy an annual replenishment assessment against each parcel of member land pursuant to section 48-3778 and an annual replenishment tax against each municipal provider that has a member service area pursuant to section 48-3781 to pay the district's costs and expenses as established pursuant to paragraph 1 of this subsection. |
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| 231 | 231 | | |
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| 232 | 232 | | 4. Levy a contract replenishment tax against municipal providers that are parties to contracts authorized under subsection B, paragraph 9 of this section to pay the district's costs and expenses to replenish groundwater based on contract replenishment obligations. |
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| 233 | 233 | | |
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| 234 | 234 | | 5. Establish and maintain reserve accounts in amounts as may be deemed necessary to perform the district's obligations under this article. |
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| 235 | 235 | | |
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| 236 | 236 | | 6. Fulfill all obligations under resolutions adopted pursuant to subsection B, paragraph 10 of this section. |
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| 237 | 237 | | |
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| 238 | 238 | | 7. Levy an activation fee as follows: |
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| 239 | 239 | | |
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| 240 | 240 | | (a) For subdivisions within member lands and member service areas that are enrolled before May 6, 2004 and that had not been issued a public report before August 12, 2005, the district shall levy a onetime activation fee against each housing unit to be constructed within the subdivision. |
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| 241 | 241 | | |
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| 242 | 242 | | (b) For subdivisions within member lands and member service areas that are enrolled on or after May 6, 2004, the district shall levy a onetime activation fee against each housing unit to be constructed within the subdivision. |
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| 243 | 243 | | |
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| 244 | 244 | | (c) For residential lease communities and condominiums within member lands and member service areas that are enrolled on or after January 1, 2026, the district shall levy a onetime activation fee against each housing unit to be constructed within the residential lease community or condominium. |
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| 245 | 245 | | |
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| 246 | 246 | | (c) (d) The activation fee shall be paid to the district according to either one of the following schedules, whichever the subdivider payor elects: |
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| 247 | 247 | | |
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| 248 | 248 | | (i) Paid in full before issuance of a public report for each real estate subdivision identified in subdivision (a) or (b) of this paragraph. |
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| 249 | 249 | | |
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| 250 | 250 | | (ii) One-half paid before issuance of a public report for each real estate subdivision identified in subdivision (a) or (b) of this paragraph and the remaining amount paid no later than one year after the issuance of the public report. The total amount of the activation fee must be the amount of the activation fee in effect at the time of the initial payment. Payment of the initial one-half of the activation fee pursuant to this item constitutes sufficient payment of applicable fees for notice of intent to subdivide as prescribed in section 32-2181, subsection C and for issuance of a public report as prescribed in section 32-2183, subsection G and section 45-576, subsection C, except that on failure to pay the remaining amount, the commissioner shall suspend the public report for that subdivision pursuant to section 32-2183. |
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| 251 | 251 | | |
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| 252 | 252 | | (iii) PAID IN FULL pursuant to section 45-576, subsection M. |
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| 253 | 253 | | |
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| 254 | 254 | | (d) (e) The activation fee shall be established annually by the district. The amount of the activation fee to be paid to the district under subdivision (c) (d) of this paragraph must be the amount of the activation fee in effect at the time of payment. Revenues from the activation fee together with revenues from other sources that are legally available to the district for those uses shall be used by the district to acquire, lease or exchange water or water rights and develop infrastructure necessary for the district to perform its replenishment obligations. |
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| 255 | 255 | | |
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| 256 | 256 | | 8. For any year, set all of its rates and charges associated with the acquisition, lease or exchange of water or water rights and development of infrastructure necessary for the district to perform its replenishment obligations, other than the annual membership dues established pursuant to section 48-3779, so that the total projected revenues from revenue sources other than the annual membership dues, that are legally available to the district in that year to pay costs associated with the acquisition, lease or exchange of water or water rights and development of infrastructure necessary for the district to perform its replenishment obligations, shall be at least three times the total projected revenues from the annual membership dues in that year. For the purposes of this paragraph, costs associated with the acquisition, lease or exchange of water or water rights do not include the annual costs associated with delivery of water for replenishment purposes. |
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| 257 | 257 | | |
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| 258 | 258 | | B. The district may: |
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| 259 | 259 | | |
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| 260 | 260 | | 1. Acquire, develop, construct, operate, maintain, replace and acquire permits for water storage, storage facilities and recovery wells for replenishment purposes. |
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| 261 | 261 | | |
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| 262 | 262 | | 2. Acquire, transport, hold, exchange, own, lease, store or replenish water, except groundwater withdrawn from an active management area, subject to the provisions of title 45, for the benefit of member lands and member service areas. |
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| 263 | 263 | | |
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| 264 | 264 | | 3. Acquire, hold, exchange, own, lease, retire or dispose of water rights for the benefit of member lands and member service areas. |
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| 265 | 265 | | |
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| 266 | 266 | | 4. Require municipal providers to provide such information, in such form and within the time limits prescribed by the district, as may be necessary to carry out the purpose of this chapter. |
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| 267 | 267 | | |
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| 268 | 268 | | 5. Levy and collect assessments, fees, charges, taxes and other revenues as are provided in this chapter for the financing of replenishment activities. |
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| 269 | 269 | | |
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| 270 | 270 | | 6. Contract for or perform feasibility studies of water storage, storage facilities and recovery wells for replenishment purposes. |
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| 271 | 271 | | |
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| 272 | 272 | | 7. Acquire real and personal property for water storage, storage facilities and recovery wells for replenishment purposes by purchase, lease, donation, dedication, exchange or other lawful means. |
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| 273 | 273 | | |
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| 274 | 274 | | 8. Use any facilities and any excess storage capacity of any state demonstration projects undertaken pursuant to title 45, chapter 3.1 for water storage for replenishment purposes. |
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| 275 | 275 | | |
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| 276 | 276 | | 9. Subject to subsection G of this section, contract with any municipal provider having a member service area to replenish groundwater on behalf of the municipal provider and with respect to the member service area in an amount in excess of the sum of the service area replenishment obligations applicable to the member service area for all years in which the district has not completed the replenishment of the groundwater replenishment obligation for the member service area. |
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| 277 | 277 | | |
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| 278 | 278 | | 10. Adopt resolutions granting water availability status to a member service area of a city, town or private water company and committing to replenish a specified average annual volume of water in a location where the city, town or private water company may physically access the water for service to its customers, if all of the following apply: |
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| 279 | 279 | | |
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| 280 | 280 | | (a) The district has reviewed its requirements for transportation of central Arizona project water, its contracts, subcontracts, letter agreements, excess water contracts and other contractual obligations and its member service area and member land requirements and has determined that the district can meet those obligations and that capacity remains in the central Arizona project to meet the obligations undertaken through the resolution. |
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| 281 | 281 | | |
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| 282 | 282 | | (b) The resolution acknowledges that the commitment to replenish the specified average annual volume of water in the location cited in the resolution shall be a permanent obligation of the district, unless one of the following applies: |
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| 283 | 283 | | |
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| 284 | 284 | | (i) A permanent substitute supply of water is found for the city, town or private water company and the substitution is approved by the director of water resources, thus terminating the water availability status of the member service area. |
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| 285 | 285 | | |
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| 286 | 286 | | (ii) The requirements of section 45-576.07, subsection A are not met, and thus the director of water resources does not issue an order granting or maintaining the city, town or private water company as having an assured water supply based in whole or in part on section 45-576.07. If no order is issued within two years of the district adopting the resolution, the resolution may be repealed, and the district shall be relieved of all obligations under the resolution. |
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| 287 | 287 | | |
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| 288 | 288 | | (c) The average annual volume of water specified in the resolution, when added to the average annual volume of water specified in all other resolutions adopted pursuant to this paragraph, does not exceed twenty thousand acre-feet. |
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| 289 | 289 | | |
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| 290 | 290 | | (d) The district has entered into an agreement with the city, town or private water company under which the city, town or private water company will hold for the district's future use, and provide to the district when needed, sufficient water to meet the obligations undertaken by the district through the resolution. |
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| 291 | 291 | | |
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| 292 | 292 | | (e) The district determines that the obligations undertaken by the district through the resolution will not increase annual replenishment assessment rates or costs to central Arizona project contract and subcontract holders and its member service areas and member lands. |
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| 293 | 293 | | |
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| 294 | 294 | | (f) The director of water resources has found, pursuant to section 45-576.07, subsection H, that the district has the capability to grant water availability status to member service areas. |
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| 295 | 295 | | |
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| 296 | 296 | | 11. Provide in resolutions adopted pursuant to paragraph 10 of this subsection that the district may fulfill its obligations under the resolution in any year by directly delivering to the city, town or private water company the water that otherwise would have been replenished pursuant to the resolution, if all of the following apply: |
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| 297 | 297 | | |
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| 298 | 298 | | (a) The district has reviewed its requirements for transportation of central Arizona project water, its contracts, subcontracts, letter agreements, excess water contracts and other contractual obligations and its member service area and member land requirements and has determined that the district can meet those obligations and that capacity remains in the central Arizona project to make direct deliveries pursuant to this paragraph. |
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| 299 | 299 | | |
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| 300 | 300 | | (b) The district determines that the delivery will not increase annual replenishment assessment rates or costs to central Arizona project contract and subcontract holders, its member service area and member lands. |
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| 301 | 301 | | |
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| 302 | 302 | | 12. Enter into agreements with a city, town or private water company that will have water made available to it through a resolution adopted pursuant to paragraph 10 of this subsection and under which the city, town or private water company compensates the district for the costs and fair value of the water supply provided by the district. |
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| 303 | 303 | | |
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| 304 | 304 | | 13. Issue revenue bonds pursuant to article 3 of this chapter to fund the costs and expenses of the district for the acquisition, lease or exchange of water or water rights and the development of infrastructure necessary for the district to perform its replenishment obligations subject to the following: |
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| 305 | 305 | | |
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| 306 | 306 | | (a) The principal of, interest and premiums, if any, on revenue bonds issued pursuant to article 3 of this chapter to acquire, lease or exchange water or water rights and develop infrastructure necessary for the district to perform its replenishment obligations are not payable from any revenues of the district other than revenues generated or collected pursuant to this article that are legally available to the district for those purposes and revenues from the investment of the proceeds of the bonds. |
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| 307 | 307 | | |
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| 308 | 308 | | (b) The district may not use the proceeds of the bonds to acquire or lease: |
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| 309 | 309 | | |
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| 310 | 310 | | (i) Groundwater, as defined in section 45-101, except as expressly authorized in sections 45-547, 45-553 and 45-554. |
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| 311 | 311 | | |
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| 312 | 312 | | (ii) Surface water, as defined in section 45-101, that is the subject of a general adjudication pursuant to title 45, chapter 1, article 9. |
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| 313 | 313 | | |
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| 314 | 314 | | (c) Nothing in Subdivision (b) of this paragraph prohibits does not prohibit the district from acquiring or leasing central Arizona project water. |
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| 315 | 315 | | |
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| 316 | 316 | | 14. Except as provided in section 48-3780.01, subsection B, in addition to any other assessments, fees, charges or taxes levied and collected under this chapter, or under any declaration, contract or agreement entered into under this chapter, charge annual dues for membership pursuant to section 48-3779 against each parcel of member land and each municipal provider that has a member service area. |
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| 317 | 317 | | |
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| 318 | 318 | | C. The functions of the district under subsection B, paragraph 1 of this section may be performed on behalf of the district by other persons under contract with the district. |
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| 319 | 319 | | |
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| 320 | 320 | | D. The capital costs of the facilities of any state demonstration projects used by the district pursuant to subsection B, paragraph 8 of this section shall not be included in the capital costs and expenses established by the district under subsection A, paragraph 1 of this section. |
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| 321 | 321 | | |
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| 322 | 322 | | E. The district shall establish and maintain a replenishment reserve as follows: |
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| 323 | 323 | | |
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| 324 | 324 | | 1. The district shall calculate a reserve target for each of the three active management areas within the district and shall identify the reserve target in the plan of operation prepared pursuant to section 45-576.02. The reserve target for each active management area shall be calculated as follows: |
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| 325 | 325 | | |
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| 326 | 326 | | (a) For each active management area, add together the projected replenishment obligation for each of the one hundred years following submission of the plan of operation. For the purposes of this subdivision, each active management area's projected replenishment obligation does not include replenishment obligations under resolutions adopted pursuant to subsection B, paragraph 10 of this section or replenishment obligations for category 2 member lands. |
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| 327 | 327 | | |
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| 328 | 328 | | (b) Subtract from the sum of the active management area's projected replenishment obligation over the one hundred-year period the sum of the following volumes of water derived from sources identified in the plan as water that the district plans to use to meet its replenishment obligations for that active management area: |
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| 329 | 329 | | |
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| 330 | 330 | | (i) The annual volume of each nondeclining, long-term municipal and industrial subcontract for central Arizona project water multiplied by one hundred. |
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| 331 | 331 | | |
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| 332 | 332 | | (ii) The annual volume of water under leases or contracts that can be made physically and legally available to the district consistent with the rules adopted pursuant to section 45-576, subsection H, multiplied by the number of years, not to exceed one hundred, in which the water is to be made available to the district. The water need not be continuously available to be included in this item. A lease or contract shall not be considered under this item if the water to be made available under the lease or contract is for a term of less than twenty years. |
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| 333 | 333 | | |
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| 334 | 334 | | (iii) The total volume of groundwater that the district plans to transport to the active management area during the next one hundred years as allowed by title 45, chapter 2, article 8.1. |
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| 335 | 335 | | |
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| 336 | 336 | | (iv) The total volume of all sources of water not identified in items (i), (ii) or (iii) of this subdivision that will not be held by the district under a lease or contract. Volumes to be included under this item must be consistent with the rules adopted by the director pursuant to section 45-576, subsection H. |
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| 337 | 337 | | |
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| 338 | 338 | | (c) Multiply the result from subdivision (b) of this paragraph by twenty percent. The result is the reserve target for the active management area. |
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| 339 | 339 | | |
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| 340 | 340 | | 2. The reserve target for an active management area may be adjusted by the district, subject to the approval of the director of water resources, based on changes in either of the following: |
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| 341 | 341 | | |
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| 342 | 342 | | (a) The active management area's projected replenishment obligation. |
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| 343 | 343 | | |
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| 344 | 344 | | (b) The volumes of water identified in the plan of operation prepared pursuant to section 45-576.02 as water that the district plans to use to meet its replenishment obligations for that active management area. |
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| 345 | 345 | | |
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| 346 | 346 | | 3. The district shall include a replenishment reserve charge in the annual replenishment assessment levied against all parcels of category 1 member land as provided in section 48-3774.01 and in the annual replenishment tax levied against all municipal providers that have member service areas as provided in section 48-3780.01. The replenishment reserve charge for each active management area is established annually by the district based on the reserve target for that active management area. |
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| 347 | 347 | | |
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| 348 | 348 | | 4. The district shall levy a replenishment reserve fee against category 1 member lands pursuant to section 48-3774.01 and against member service areas pursuant to section 48-3780.01. For category 1 member lands the fee is equal to twice the applicable replenishment reserve charge multiplied by the total projected average annual replenishment obligation for the member lands as reported by the director of water resources pursuant to section 45-578, subsection F. For member service areas the fee is equal to twice the applicable replenishment reserve charge multiplied by the excess groundwater increment. With the approval of the district and the director of water resources, long-term storage credits as defined in section 45-802.01 may be assigned to the district's replenishment reserve subaccount in lieu of paying the replenishment reserve fee. |
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| 349 | 349 | | |
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| 350 | 350 | | 5. The district shall use replenishment reserve charges and replenishment reserve fees collected within each active management area together with all interest earned on the charges and fees to store water in that active management area in advance of groundwater replenishment obligations for the purpose of developing long-term storage credits as defined in section 45-802.01 that shall be credited to the replenishment reserve subaccount for that active management area as provided in section 45-859.01. |
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| 351 | 351 | | |
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| 352 | 352 | | 6. Beginning on January 1, 2030 or earlier, on approval of the director of water resources pursuant to section 45-859.01, subsection K, the district may transfer credits from a replenishment reserve subaccount to a conservation district account as provided in section 45-859.01 to satisfy its groundwater replenishment obligations. |
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| 353 | 353 | | |
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| 354 | 354 | | 7. If the district transfers credits from the replenishment reserve subaccount for an active management area pursuant to section 45-859.01, subsection E, the district shall include in the annual replenishment assessment levied against all parcels of category 1 member land in that active management area and, except as provided in section 48-3780.01, subsection B, in the annual replenishment tax levied against all municipal providers that have member service areas in that active management area a reserve replacement component to fund the replacement of the transferred credits. The district shall use all monies from the reserve replacement component collected within an active management area together with all interest earned on the monies to develop long-term storage credits as defined in section 45-802.01 within that active management area to be credited to the replenishment reserve subaccount for that active management area as provided in section 45-859.01. |
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| 355 | 355 | | |
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| 356 | 356 | | 8. For the purposes of establishing and maintaining the replenishment reserve, the district shall have access to excess central Arizona project water equivalent to but not more than the access the Arizona water banking authority has for the purposes specified in section 45-2401, subsection H, paragraph 2. |
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| 357 | 357 | | |
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| 358 | 358 | | F. Groundwater replenished by the district pursuant to a contract to replenish groundwater under subsection B, paragraph 9 of this section shall not be credited to a replenishment reserve subaccount established under section 45-859.01. |
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| 359 | 359 | | |
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| 360 | 360 | | G. The district shall not enter into a contract authorized under subsection B, paragraph 9 of this section unless the district has determined that the contract will not adversely affect the district's ability to fulfill its obligations under this chapter. For each contract entered into under subsection B, paragraph 9 of this section, the district shall perform its contract replenishment obligations in the active management area in which the service area of the municipal provider that is the party to the contract is located. |
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| 361 | 361 | | |
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| 362 | 362 | | H. If the district replenishes groundwater on behalf of a municipal provider pursuant to a contract to replenish groundwater under subsection B, paragraph 9 of this section, the amount of groundwater so replenished shall be a replenishment credit to the municipal provider that may be applied by the municipal provider on notice to the district to reduce the service area replenishment obligations applicable to the municipal provider. |
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| 363 | 363 | | |
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| 364 | 364 | | I. In the Phoenix active management area, the district, to the extent reasonably feasible, shall replenish groundwater in the east portion of the active management area and in the west portion of the active management area in the approximate proportion that the groundwater replenishment obligation attributable in a particular year to member lands and member service areas located in the east portion of the active management area bears to the groundwater replenishment obligation attributable in that year to member lands and member service areas located in the west portion of the active management area. For the purposes of this subsection, the boundary between the east Salt river valley subbasin and the west Salt river valley subbasin is the boundary between the east and west portions of the active management area. |
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| 365 | 365 | | |
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| 366 | 366 | | J. The costs and expenses charged by the district to an active management area water district established under chapter 28 of this title for delivery of surplus central Arizona project water to such active management area water district for replenishment purposes shall not exceed the costs and expenses for delivery of such water that are or would be included by the district in the costs and expenses of replenishment for member lands and member service areas within the active management area in which such active management area water district is situated. END_STATUTE |
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| 367 | 367 | | |
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| 368 | 368 | | Sec. 4. Section 48-3774.01, Arizona Revised Statutes, is amended to read: |
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| 369 | 369 | | |
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| 370 | 370 | | START_STATUTE48-3774.01. Category 1 member lands; category 2 member lands; fees |
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| 371 | 371 | | |
|---|
| 372 | 372 | | A. Except as provided in subsection B of this section, all real property that qualifies under section 48-3774 shall be category 1 member land. The district shall levy annual replenishment reserve charges and one-time onetime replenishment reserve fees for category 1 member lands as provided in section 48-3772, subsection E and as follows: |
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| 373 | 373 | | |
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| 374 | 374 | | 1. For category 1 member lands that qualified before January 1, 2004, the district shall levy annual replenishment reserve charges for twenty-five years beginning in 2004. |
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| 375 | 375 | | |
|---|
| 376 | 376 | | 2. For category 1 member land that qualifies on or after January 1, 2004, a replenishment reserve fee shall be paid before issuance of a public report for each final plat within the member land as provided in section 45-576, subsection C or PAID in full PURSUANT to section 45-576, subsection M and the district shall levy annual replenishment reserve charges against the land included within the final plat for twenty-three years beginning in the year after payment of the corresponding replenishment reserve fee. |
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| 377 | 377 | | |
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| 378 | 378 | | B. A parcel of member land shall be a category 2 member land if all of the following apply: |
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| 379 | 379 | | |
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| 380 | 380 | | 1. The parcel of member land is or will be used as a golf course. |
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| 381 | 381 | | |
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| 382 | 382 | | 2. The parcel of member land is not served by a water provider that has been designated by the director of water resources as having an assured water supply pursuant to section 45-576. |
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| 383 | 383 | | |
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| 384 | 384 | | 3. The owner of the parcel notifies the district in writing at the time of qualification that the parcel is to be category 2 member land. For member land that qualified under section 48-3774 before January 1, 2004, such the notification must be made no not later than January 30, 2004. |
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| 385 | 385 | | |
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| 386 | 386 | | C. The district shall not levy replenishment reserve fees, replenishment reserve charges or a reserve replacement component against category 2 member lands. |
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| 387 | 387 | | |
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| 388 | 388 | | D. The district shall not use credits from a replenishment reserve subaccount established under section 45-859.01 to satisfy its groundwater replenishment obligations for category 2 member lands. If as a result the district incurs additional costs and expenses in meeting its replenishment obligations for category 2 member lands, those additional costs and expenses are attributed solely to category 2 member lands for the purposes of section 48-3772, subsection A, paragraph 1.END_STATUTE |
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| 389 | 389 | | |
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| 390 | 390 | | Sec. 5. Section 48-3779, Arizona Revised Statutes, is amended to read: |
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| 391 | 391 | | |
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| 392 | 392 | | START_STATUTE48-3779. Annual membership dues |
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| 393 | 393 | | |
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| 394 | 394 | | A. On or before the third Monday of August of each year beginning in 2011, the district may charge annual membership dues on all parcels of member lands, on each residence WITHIN a RESIDENTIAL lease community or unit within a condominium and on all municipal providers having a member service area. |
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| 395 | 395 | | |
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| 396 | 396 | | B. The annual membership dues shall be established annually by the district. The district shall use revenues from the annual membership dues, together with revenues from other revenue sources that are legally available to the district for those uses, solely to pay costs associated with the acquisition, lease or exchange of water or water rights and development of infrastructure necessary for the district to perform its replenishment obligations, including the payment of debt service expenses, and necessary reserves and coverage requirements, on bonds issued for replenishment purposes. |
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| 397 | 397 | | |
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| 398 | 398 | | C. For any year in which the district has, or expects to have, any revenue bonds outstanding that were issued for replenishment purposes pursuant to section 48-3772, subsection B, paragraph 13, the annual membership dues shall be established in an amount determined by the district to be sufficient to provide, with other revenues legally available to the district for those purposes, and taking into account the requirements of section 48-3772, subsection A, paragraph 8, for the payment of all debt service expenses, including necessary reserves and coverage requirements with respect to the bonds. |
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| 399 | 399 | | |
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| 400 | 400 | | D. When the district has determined the amount of revenues to be raised through the annual membership dues, the district shall allocate the amount to be raised between member lands, RESIDENCES WITHIN RESIDENTIAL lease communities, units within condominiums and member service areas prorated on the basis of the following two volumes: |
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| 401 | 401 | | |
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| 402 | 402 | | 1. Total current and projected annual replenishment obligation of all member lands as identified in the most recent plan of operation determined by the director of water resources to be consistent with achieving the management goal for the active management areas pursuant to section 45-576.03, subsection M, O or R. |
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| 403 | 403 | | |
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| 404 | 404 | | 2. Total planned annual service area replenishment obligations for all member service areas. The planned annual service area replenishment obligation for a member service area is the lesser of: |
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| 405 | 405 | | |
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| 406 | 406 | | (a) The annual service area replenishment obligation, as determined by the district, associated with the current and committed water demands projected within the member service area as of December 31 of the year following the year in which the district is required to submit its next plan under section 45-576.02, subsection C. |
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| 407 | 407 | | |
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| 408 | 408 | | (b) The maximum amount of excess groundwater that may be reported to the district as delivered by the municipal provider within the member service area in any year as established in an agreement executed between the municipal provider and the district. |
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| 409 | 409 | | |
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| 410 | 410 | | E. The total amount allocated to member lands in any year, as calculated pursuant to subsection D of this section, shall be prorated among the Phoenix, Pinal and Tucson active management areas based on the current and projected annual replenishment obligation of all member lands in that active management area as identified in the most recent plan of operation determined by the director of water resources to be consistent with achieving the management goal for the active management area pursuant to section 45-576.03, subsection M, O or R. The prorated amount within each active management area shall be further prorated among all parcels of member land, all RESIDENCES WITHIN RESIDENTIAL lease communities and all units within condominiums located within that active management area based on a uniform fee per lot levied against the total number of residential, commercial and common area lots, all RESIDENCES WITHIN RESIDENTIAL lease communities and all units within condominiums included, or intended to be included, in each parcel of member land. These dues are a lien on each parcel of member land and shall be certified, collected and enforced with respect to member land in the same manner as the annual assessment pursuant to section 48-3778. However, any parcel of member land that is included in the service area of a municipal provider that has been designated as having an assured water supply under section 45-576 is not subject to the annual membership dues. |
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| 411 | 411 | | |
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| 412 | 412 | | F. The total amount allocated to member service areas in any year, as calculated pursuant to subsection D of this section, shall be prorated among all member service areas based on a uniform fee per acre-foot levied against the member service area's dues volume. The dues volume for a member service area is the greater of: |
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| 413 | 413 | | |
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| 414 | 414 | | 1. The planned annual service area replenishment obligation as established pursuant to subsection D, paragraph 2 of this section for the member service area. |
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| 415 | 415 | | |
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| 416 | 416 | | 2. Five per cent percent of the service area's annual estimated water demand to be satisfied with excess groundwater as identified in the service area's most recent designation order issued by the director of water resources. If the service area's most recent designation order issued by the director of water resources does not identify the annual estimated water demand to be satisfied with excess groundwater, the service area's annual estimated water demand to be satisfied with excess groundwater shall be calculated consistent with the rules adopted by the director pursuant to section 45-576, subsection H. |
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| 417 | 417 | | |
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| 418 | 418 | | G. Except in the first full year following the year in which the director makes a determination that the district's most recent plan of operation is consistent with achieving the management goals of the active management areas pursuant to section 45-576.03, subsection M, for any year in which the dues volume for a member service area, as determined pursuant to subsection F of this section, exceeds the previous year's dues volume for the member service area, a makeup charge shall be added to the annual membership dues allocated under subsection F of this section to the member service area. The makeup charge shall become part of the member service area's annual membership dues for that year and is the sum of: |
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| 419 | 419 | | |
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| 420 | 420 | | 1. The difference between the current year's dues volume and the previous year's dues volume, in acre-feet, multiplied by the sum of the uniform fees per acre-foot established pursuant to subsection F of this section for each year since the later of: |
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| 421 | 421 | | |
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| 422 | 422 | | (a) The first full year following the year of the director's determination that the district's most recent plan of operation is consistent with achieving the management goals of the active management areas pursuant to section 45-576.03, subsection M. |
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| 423 | 423 | | |
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| 424 | 424 | | (b) The year in which the service area qualified as a member service area pursuant to section 48-3780. |
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| 425 | 425 | | |
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| 426 | 426 | | 2. Interest on the amount established in paragraph 1 of this subsection calculated at an interest rate determined by the district. |
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| 427 | 427 | | |
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| 428 | 428 | | 3. The amounts established in paragraphs 1 and 2 of this subsection multiplied by ten per cent percent. |
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| 429 | 429 | | |
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| 430 | 430 | | H. The annual membership dues become an obligation of each municipal provider that has a member service area and shall be stated, collected and enforced with respect to the municipal provider in the same manner as the annual replenishment tax pursuant to sections 48-3781 and 48-3782. |
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| 431 | 431 | | |
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| 432 | 432 | | I. Annual membership dues collected by the district shall be deposited in a special fund established by the state to be spent by the district only for the purposes authorized by this article, including: |
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| 433 | 433 | | |
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| 434 | 434 | | 1. The payment of debt service expenses and funding reserves for bonds issued for replenishment purposes. |
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| 435 | 435 | | |
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| 436 | 436 | | 2. The payment of the costs of acquiring, leasing or exchanging water or water rights and development of infrastructure necessary for the district to perform its replenishment obligations. |
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| 437 | 437 | | |
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| 438 | 438 | | J. Amounts collected may be transferred to a bank or trust company to be held in trust and spent with respect to bonds issued for replenishment purposes. END_STATUTE |
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