Assigned to NR FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR H.C.R. 2039
assured water supply; legislative intent
Purpose
Expresses the Legislatures opposition to the Arizona Department of Water Resources
(ADWR) rulemaking relating to the alternative path to the designation of assured water supply
(ADAWS) and determines that it is contrary to Arizona statute and therefore null and void.
Expresses the Legislatures opposition to any rule, regulation, policy or condition that the Governor
or the Director of ADWR proposes or adopts that meets outlined conditions.
Background
A person who proposes to offer subdivided lands for sale or lease in an active management
area (AMA) must apply for and obtain a certificate of assured water supply from the Director of
ADWR before presenting the plat for approval to the city, town or county in which the land is
located and before filing with the Arizona Real Estate Commissioner a notice of intention to offer
such lands for sale or lease, unless the subdivider has obtained a written commitment of water
service for the subdivision from a designated provider.
An assured water supply means that: 1) 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 100 years; 2) the projected groundwater use is consistent with the management plan
and achievement of the management goal for the AMA; and 3) 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 (A.R.S.
ยง 45-576).
On August 23, 2024, ADWR issued a notice of proposed rulemaking for ADAWS. On
November 22, 2024, the Governor's Regulator Review Council approved the ADAWS rulemaking
with an immediate effective date upon filing with the Secretary of State and on November 25,
2024, ADWR filed its notice of final rulemaking for ADAWS with the Secretary of State (ADWR).
Provisions
1. Expresses the Legislatures opposition to the rules proposed by ADWR on August 23, 2024,
and approved by Secretary of State on November 25, 2024, and determines that it is contrary
to Arizona statutory law and therefore null and void.
2. Expresses the Legislatures opposition to any rule, regulation, policy or condition that the
Governor or Director of ADWR proposes or adopts that:
a) requires an applicant for a certificate or designation of assured water supply meet, provide
or demonstrate more water than is necessary to satisfy the water needs of the applications
proposed use for one hundred years; or FACT SHEET
H.C.R. 2039
Page 2
b) denies or withholds the approval or timely resolution of an application for a certificate or
designation of assured water supply on the basis:
i. that any portion or all of the groundwater that the applicant is or will be relying on to
satisfy a portion of the water needs of the proposed use will not be continuously available
for one hundred years, if the applicant has otherwise demonstrated that the applicant has
sufficient surface water, effluent or any combination of these non-groundwater supplies
continuously available for the remainder of the one hundred-year period;
ii. that the applicant relies on a combination of groundwater, surface water or effluent that
is or may be comingled in one or more districts, systems or service areas; or
iii. of other users well depth or unmet demand if the applicant has otherwise demonstrated
that the applicant has sufficient groundwater, surface water, effluent or any
combination continuously available to satisfy the water needs of the applicants
proposed use for 100 years.
3. Declares that any rule, regulation, policy or condition, proposed by the Governor or Director
of ADWR as outlined, is contrary to the text and legislative intent of the of the 1980
Groundwater Management Act and is accordingly void and unenforceable.
4. Declares that the Legislature determines that when an applicant submits an application for a
certificate or designation of assured water supply , and the application indicates that the
applicant is or will be relying on groundwater to satisfy any part or all of the water needs of
the proposed use during any part or all of the 100 year period that the Director of ADWR must
ascertain the maximum volume of groundwater, measured in years that the Director of ADWR
deems is continuously available.
5. Declares that the Legislature determines that, if the application meets the requirements of the
1980 Groundwater Management Act and the legislative intent articulated in this resolution, the
Director of ADWR has no authority to deny or withhold the issuance of a certificate or
designation of assured water supply for the processing of an application.
House Action
NREW 2/14/25 DP 6-3-0-1
3
rd
Read 2/26/25 32-26-2
Prepared by Senate Research
March 21, 2025
SB/SN/slp