House Engrossed assured water supply; legislative intent State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE CONCURRENT RESOLUTION 2039 A CONCURRENT RESOLUTION Opposing any policy that requires a demonstration of more water than necessary for a certificate or designation of an assured water supply. (TEXT OF BILL BEGINS ON NEXT PAGE)
House Engrossed assured water supply; legislative intent
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HOUSE CONCURRENT RESOLUTION 2039
House Engrossed
assured water supply; legislative intent
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HOUSE CONCURRENT RESOLUTION 2039
A CONCURRENT RESOLUTION
Opposing any policy that requires a demonstration of more water than necessary for a certificate or designation of an assured water supply.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Whereas, in 1980, the Arizona House of Representatives and Senate passed the 1980 Groundwater Management Act; and Whereas, section 45-576, Arizona Revised Statutes (A.R.S.), requires an applicant for a certificate or designation of an assured water supply to demonstrate an assured water supply; and Whereas, pursuant to A.R.S. section 45-576, the legislative body of this state defines "assured water supply" as meaning "sufficient groundwater, surface water or effluent of adequate quality [that] will be continuously available to satisfy the water needs of the proposed use for at least one hundred years"; and Whereas, pursuant to A.R.S. section 45-576, the Arizona Legislature does not define "assured water supply" as meaning sufficient water to satisfy the needs of other users who are not the applicant and instead limits the requirement to "the needs of the proposed use"; and Whereas, pursuant to A.R.S. section 45-576, the Arizona Legislature does not define "assured water supply" as requiring more water than needed to satisfy the proposed use for one hundred years; and Whereas, pursuant to A.R.S. section 45-576, the Arizona Legislature does not define "assured water supply" as meaning that each source of water that an applicant plans to use must be a one hundred-year supply, if all proposed sources total one hundred years; and Whereas, in adopting A.R.S. section 45-576, the Arizona Legislature did not authorize the Governor or the Director of the Arizona Department of Water Resources to require an applicant for a certificate or designation of assured water supply to meet, provide or demonstrate more water than is necessary for the applicant to satisfy the water needs of the applicant's proposed use for one hundred years. The Legislature did not authorize making the Department's issuance of a certificate or designation of an assured water supply conditional on the applicant meeting, providing or demonstrating any other condition, offset or requirement that results in the applicant having to meet, provide or demonstrate more water than is necessary for the applicant to satisfy the water needs of the applicant's proposed use for one hundred years; and Whereas, in adopting A.R.S. section 45-576, the Arizona Legislature did not authorize the Governor or the Director of the Arizona Department of Water Resources to deny or withhold a certificate or designation of assured water supply based on a determination that the water supply that the applicant is or would be relying on to meet the water needs of the applicant's proposed use for one hundred years is or would be composed of a combination of groundwater, surface water or effluent or that such a combination is or may be comingled in one or more water districts, systems or service areas that will serve the proposed use; and Whereas, in adopting A.R.S. section 45-576, the Arizona Legislature did not authorize the Governor or the Director of the Arizona Department of Water Resources to deny or withhold a certificate or designation of assured water supply based on well depth or "unmet demand"; and Whereas, in adopting A.R.S. section 45-576, the Arizona Legislature did not authorize the Governor or the Director of the Arizona Department of Water Resources to deny or withhold the issuance of a certificate or designation of assured water supply or the processing of an application for any reason that is not expressly authorized by 1980 Groundwater Management Act or consistent with the legislative intent articulated in this resolution; and Whereas, the legislative intent of the 1980 Groundwater Management Act and of the requirements to obtain a certificate or designation of assured water supply, as set forth in A.R.S. section 45-576, are as described in this resolution. Therefore Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring: 1. That the Members of the Legislature oppose the rule proposed by the Arizona Department of Water Resources on August 23, 2024 (12 Arizona Administrative Code 2623-34), approved by the Governor's Regulatory Review Council and submitted to the Secretary of State on November 25, 2024 and determine that it is contrary to Arizona statutory law and therefore null and void. 2. That the Members of the Legislature oppose any rule, regulation, policy or condition that the Governor or the Director of the Arizona Department of Water Resources proposes or adopts, as follows, and determine that any such rule, regulation, policy or condition is contrary to the text and legislative intent of the 1980 Groundwater Management Act and is accordingly void and unenforceable: (a) Any requirement that 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 applicant's proposed use for one hundred years. (b) Any denial or withholding of 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 nongroundwater 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 water districts, systems or service areas. (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 applicant's proposed use for one hundred years. 3. That the Members of the Legislature determine 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 one hundred-year period, the Director shall ascertain the maximum volume of groundwater, measured in years, that the Director deems is "continuously available." 4. That the Members of the Legislature determine that, if the application meets the requirements of the 1980 Groundwater Management Act and the legislative intent articulated in this resolution, the Director of the Arizona Department of Water Resources has no authority to deny or withhold the issuance of a certificate or designation of assured water supply or the processing of an application.
Whereas, in 1980, the Arizona House of Representatives and Senate passed the 1980 Groundwater Management Act; and
Whereas, section 45-576, Arizona Revised Statutes (A.R.S.), requires an applicant for a certificate or designation of an assured water supply to demonstrate an assured water supply; and
Whereas, pursuant to A.R.S. section 45-576, the legislative body of this state defines "assured water supply" as meaning "sufficient groundwater, surface water or effluent of adequate quality [that] will be continuously available to satisfy the water needs of the proposed use for at least one hundred years"; and
Whereas, pursuant to A.R.S. section 45-576, the Arizona Legislature does not define "assured water supply" as meaning sufficient water to satisfy the needs of other users who are not the applicant and instead limits the requirement to "the needs of the proposed use"; and
Whereas, pursuant to A.R.S. section 45-576, the Arizona Legislature does not define "assured water supply" as requiring more water than needed to satisfy the proposed use for one hundred years; and
Whereas, pursuant to A.R.S. section 45-576, the Arizona Legislature does not define "assured water supply" as meaning that each source of water that an applicant plans to use must be a one hundred-year supply, if all proposed sources total one hundred years; and
Whereas, in adopting A.R.S. section 45-576, the Arizona Legislature did not authorize the Governor or the Director of the Arizona Department of Water Resources to require an applicant for a certificate or designation of assured water supply to meet, provide or demonstrate more water than is necessary for the applicant to satisfy the water needs of the applicant's proposed use for one hundred years. The Legislature did not authorize making the Department's issuance of a certificate or designation of an assured water supply conditional on the applicant meeting, providing or demonstrating any other condition, offset or requirement that results in the applicant having to meet, provide or demonstrate more water than is necessary for the applicant to satisfy the water needs of the applicant's proposed use for one hundred years; and
Whereas, in adopting A.R.S. section 45-576, the Arizona Legislature did not authorize the Governor or the Director of the Arizona Department of Water Resources to deny or withhold a certificate or designation of assured water supply based on a determination that the water supply that the applicant is or would be relying on to meet the water needs of the applicant's proposed use for one hundred years is or would be composed of a combination of groundwater, surface water or effluent or that such a combination is or may be comingled in one or more water districts, systems or service areas that will serve the proposed use; and
Whereas, in adopting A.R.S. section 45-576, the Arizona Legislature did not authorize the Governor or the Director of the Arizona Department of Water Resources to deny or withhold a certificate or designation of assured water supply based on well depth or "unmet demand"; and
Whereas, in adopting A.R.S. section 45-576, the Arizona Legislature did not authorize the Governor or the Director of the Arizona Department of Water Resources to deny or withhold the issuance of a certificate or designation of assured water supply or the processing of an application for any reason that is not expressly authorized by 1980 Groundwater Management Act or consistent with the legislative intent articulated in this resolution; and
Whereas, the legislative intent of the 1980 Groundwater Management Act and of the requirements to obtain a certificate or designation of assured water supply, as set forth in A.R.S. section 45-576, are as described in this resolution.
Therefore
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. That the Members of the Legislature oppose the rule proposed by the Arizona Department of Water Resources on August 23, 2024 (12 Arizona Administrative Code 2623-34), approved by the Governor's Regulatory Review Council and submitted to the Secretary of State on November 25, 2024 and determine that it is contrary to Arizona statutory law and therefore null and void.
2. That the Members of the Legislature oppose any rule, regulation, policy or condition that the Governor or the Director of the Arizona Department of Water Resources proposes or adopts, as follows, and determine that any such rule, regulation, policy or condition is contrary to the text and legislative intent of the 1980 Groundwater Management Act and is accordingly void and unenforceable:
(a) Any requirement that 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 applicant's proposed use for one hundred years.
(b) Any denial or withholding of 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 nongroundwater 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 water districts, systems or service areas.
(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 applicant's proposed use for one hundred years.
3. That the Members of the Legislature determine 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 one hundred-year period, the Director shall ascertain the maximum volume of groundwater, measured in years, that the Director deems is "continuously available."
4. That the Members of the Legislature determine that, if the application meets the requirements of the 1980 Groundwater Management Act and the legislative intent articulated in this resolution, the Director of the Arizona Department of Water Resources has no authority to deny or withhold the issuance of a certificate or designation of assured water supply or the processing of an application.