Arizona 2025 2025 Regular Session

Arizona House Bill HB2692 Introduced / Bill

Filed 01/27/2025

                    REFERENCE TITLE: appropriation; department of water resources             State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025           HB 2692           Introduced by  Representative Diaz                    AN ACT   appropriating monies to the department of WATER resources.     (TEXT OF BILL BEGINS ON NEXT PAGE)   

 

 

 

 

REFERENCE TITLE: appropriation; department of water resources
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HB 2692
Introduced by  Representative Diaz

REFERENCE TITLE: appropriation; department of water resources

 

 

 

 

State of Arizona

House of Representatives

Fifty-seventh Legislature

First Regular Session

2025

 

 

 

HB 2692

 

Introduced by 

Representative Diaz

 

 

 

 

 

 

 

 

AN ACT

 

appropriating monies to the department of WATER resources.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

 Be it enacted by the Legislature of the State of Arizona: Section 1. Appropriation; department of water resources; maintenance and operation The sum of $13,318,250 is appropriated from the state general fund in fiscal year 2025-2026 to the department of water resources for the maintenance and operation of the department. Sec. 2. Findings and intent A. The legislature finds that: 1. Since June 1, 2023, the department of water resources has not processed a single application for a certificate of assured water supply, despite numerous applications currently pending in the queue, leaving an entire division of the department sitting idle, collecting paychecks and not fulfilling the basic duties of the department. 2. While an entire division of the department sits idle, housing scarcity and prices continue to rise in the Phoenix and Pinal active management areas, as for-sale residential housing developments, which replenish one hundred percent of their respective groundwater use, are demonized while commercial and industrial water users outside of designated providers are encouraged to continue relocating to this state, growing, and pumping groundwater without replenishing the aquifer. 3. Since June 1, 2023, the director of the department of water resources, at the direction of the governor, has diverted considerable time, full-time equivalent positions and resources to overt political activities, such as: (a) The establishment and administration of frivolous policymaking councils, focus groups and brainstorming sessions. (b) Threatening the establishment of active management areas in rural groundwater basins where the establishment of such areas is not supported by local hydrology. (c) The development and adoption of rules that are blatantly illegal, inconsistent with legislative intent and beyond the department's statutory authority to adopt. (d) The administration of the "Governor's Water Policy Council" and related sub-committees and working groups. (e) The threatened establishment of an active management area in the Gila Bend groundwater basin. (f) The establishment of an active management area in the Willcox groundwater basin against the will of the people. (g) The development and adoption of "Alternative Path to Designation of Assured Water Supply" rules, which the department has no authority to adopt. (h) The proposed development of "Ag-to-Urban" rules, which would require specific enabling legislation. 4. The department's participation in these extra-statutory and extracurricular political activities and pet projects has diverted hundreds of hours away from completing the department's core functions, rendering the department lacking in key areas such as:  (a) Adequately and timely processing of applications related to ongoing general stream adjudications. (b) Gathering and including all relevant information in the department's five-year supply and demand assessments for rural groundwater basins. (c) Updating the department's comprehensive groundwater flow models with the latest information in the Phoenix and Pinal active management areas. (d) Defending this state's interests on the Colorado River. 5. The department's continued participation in these extra-statutory activities has not only undermined the integrity and credibility of the department as the state's primary authority on matters pertaining to rural and urban surface water and groundwater, but has also cost this state's taxpayers substantial sums in the form of government deadweight that has been commandeered for the purpose of satisfying the governor's political ends rather than faithfully executing the law as written. B. It is the intent of the legislature to ensure that the reduction of the department's fiscal year 2025-2026 state general fund appropriation be allocated to the reduction of non-essential sections, programs and divisions, thereby compelling the department to refocus its internal time and resources on only those functions and duties that fall clearly within the department's statutorily defined responsibilities. 

Be it enacted by the Legislature of the State of Arizona:

Section 1. Appropriation; department of water resources; maintenance and operation

The sum of $13,318,250 is appropriated from the state general fund in fiscal year 2025-2026 to the department of water resources for the maintenance and operation of the department.

Sec. 2. Findings and intent

A. The legislature finds that:

1. Since June 1, 2023, the department of water resources has not processed a single application for a certificate of assured water supply, despite numerous applications currently pending in the queue, leaving an entire division of the department sitting idle, collecting paychecks and not fulfilling the basic duties of the department.

2. While an entire division of the department sits idle, housing scarcity and prices continue to rise in the Phoenix and Pinal active management areas, as for-sale residential housing developments, which replenish one hundred percent of their respective groundwater use, are demonized while commercial and industrial water users outside of designated providers are encouraged to continue relocating to this state, growing, and pumping groundwater without replenishing the aquifer.

3. Since June 1, 2023, the director of the department of water resources, at the direction of the governor, has diverted considerable time, full-time equivalent positions and resources to overt political activities, such as:

(a) The establishment and administration of frivolous policymaking councils, focus groups and brainstorming sessions.

(b) Threatening the establishment of active management areas in rural groundwater basins where the establishment of such areas is not supported by local hydrology.

(c) The development and adoption of rules that are blatantly illegal, inconsistent with legislative intent and beyond the department's statutory authority to adopt.

(d) The administration of the "Governor's Water Policy Council" and related sub-committees and working groups.

(e) The threatened establishment of an active management area in the Gila Bend groundwater basin.

(f) The establishment of an active management area in the Willcox groundwater basin against the will of the people.

(g) The development and adoption of "Alternative Path to Designation of Assured Water Supply" rules, which the department has no authority to adopt.

(h) The proposed development of "Ag-to-Urban" rules, which would require specific enabling legislation.

4. The department's participation in these extra-statutory and extracurricular political activities and pet projects has diverted hundreds of hours away from completing the department's core functions, rendering the department lacking in key areas such as: 

(a) Adequately and timely processing of applications related to ongoing general stream adjudications.

(b) Gathering and including all relevant information in the department's five-year supply and demand assessments for rural groundwater basins.

(c) Updating the department's comprehensive groundwater flow models with the latest information in the Phoenix and Pinal active management areas.

(d) Defending this state's interests on the Colorado River.

5. The department's continued participation in these extra-statutory activities has not only undermined the integrity and credibility of the department as the state's primary authority on matters pertaining to rural and urban surface water and groundwater, but has also cost this state's taxpayers substantial sums in the form of government deadweight that has been commandeered for the purpose of satisfying the governor's political ends rather than faithfully executing the law as written.

B. It is the intent of the legislature to ensure that the reduction of the department's fiscal year 2025-2026 state general fund appropriation be allocated to the reduction of non-essential sections, programs and divisions, thereby compelling the department to refocus its internal time and resources on only those functions and duties that fall clearly within the department's statutorily defined responsibilities.