| 69 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 45, chapter 2, article 9, Arizona Revised Statutes, is amended by adding section 45-576.11, to read: START_STATUTE45-576.11. Assured water supply; analysis; physical availability; definition A. For the purposes of issuing a certificate of assured water supply under rules adopted by the director pursuant to section 45-576, subsection H, the director shall accept an analysis or physical AVAILABILITY determination as a valid demonstration of physical availability for the volume of groundwater stated in the analysis or physical availability determination, after reducing the volume of groundwater stated in the analysis OR PHYSICAL AVAILABILITY DETERMINATION by the amount of groundwater represented by all certificates of assured water supply issued in reliance on the analysis OR PHYSICAL AVAILABILITY DETERMINATION, if all of the following apply: 1. The director issued the analysis OR PHYSICAL AVAILABILITY DETERMINATION on or before May 31, 2023. 2. The analysis OR PHYSICAL AVAILABILITY DETERMINATION includes a determination of physical availability of groundwater. B. After the effective date of this section, an applicant for a certificate of assured water supply that holds an analysis as prescribed by subsection A of this section may submit a sworn statement to the department in which the applicant agrees to reduce the remaining volume of groundwater reserved by the analysis by fifteen percent after the director grants a certificate of assured water supply. If the director receives a sworn statement pursuant to this subsection, the director shall grant the applicant a certificate of assured water supply. C. For each new certificate of assured water supply issued in reliance on an analysis of assured water supply issued pursuant to subsection A of this section, the director shall issue the certificate using the water demand assumption in use by the director when the application for a certificate was submitted. When a certificate is issued, the analysis shall be reduced by the volume of groundwater using the same water demand assumption the director used when the analysis was originally issued. The difference in volume between the water demand assumption the director used when the application for a certificate is first submitted and the water demand assumptions used to issue the original analysis shall remain physically available for further subdivision development in the service area of the designated provider serving the analysis land. D. For the purposes of this section, "analysis" means a determination by the director pursuant to rules adopted by the director that one or more criteria required for a certificate of assured water supply have been demonstrated for a development.END_STATUTE Sec. 2. Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law. |
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| 78 | + | Be it enacted by the Legislature of the State of Arizona: Section 1.1. Title 45, chapter 2, article 9, Arizona Revised Statutes, is amended by adding section 45-576.11, to read: START_STATUTE45-576.11. Assured water supply; analysis; physical availability; definition A. For the purposes of issuing a certificate of assured water supply under rules adopted by the director pursuant to section 45-576, subsection H, the director shall accept an analysis as a valid demonstration of physical availability for the volume of groundwater stated in the analysis, after reducing the volume of groundwater stated in the analysis by the amount of groundwater represented by all certificates of assured water supply issued in reliance on the analysis, if all of the following apply: 1. The director issued the analysis on or before May 31, 2023. 2. The analysis includes a determination of physical availability of groundwater. B. After the effective date of this section, an applicant for a certificate of assured water supply that holds an analysis as prescribed by subsection A of this section may submit a sworn statement to the department in which the applicant agrees to reduce the remaining volume of groundwater reserved by the analysis by fifteen percent after the director grants a certificate of assured water supply. If the director receives a sworn statement pursuant to this subsection, the director shall grant the applicant a certificate of assured water supply. C. For each new certificate of assured water supply issued in reliance on an analysis of assured water supply issued pursuant to subsection A of this section, the director shall issue the certificate using the water demand assumption in use by the director when the application for a certificate was submitted. When a certificate is issued, the analysis shall be reduced by the volume of groundwater using the same water demand assumption the director used when the analysis was originally issued. The difference in volume between the water demand assumption the director used when the application for a certificate is first submitted and the water demand assumptions used to issue the original analysis shall remain physically available for further subdivision development in the service area of the designated provider serving the analysis land. D. For the purposes of this section, "analysis" means a determination by the director pursuant to rules adopted by the director that one or more criteria required for a certificate of assured water supply have been demonstrated for a development.END_STATUTE Sec. 2. Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law. |
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