ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
NATURAL RESOURCES COMMITTEE
DATE: February 17, 2025
SUBJECT: Strike everything amendment to S.B. 1236, relating to storm water
Purpose
Allows a storer to recharge stormwater within a constructed underground storage facility
pursuant to outlined requirements and permits and receive a replenishment credit. Allows a storer
to use replenishment credits or transfer the replenishment credits to any other eligible entity and
offset an equal amount of the storer's replenishment obligation within the same subbasin for any
year.
Background
Current statute allows a person to apply to the Director of the Arizona Department of Water
Resources (ADWR) for a water storage permit and store water at a storage facility only pursuant
to a water storage permit. The Director of ADWR may issue a water storage permit to store water
at a storage facility if: 1) the applicant has a right to use the proposed source of water; 2) the
applicant has applied for any water quality permit required by the Arizona Department of
Environmental Quality and by federal law; and 3) the water storage will occur at a permitted
storage facility. The Director of ADWR may only issue a water storage permit for up to 50 years
unless statutorily outlined exceptions apply (A.R.S. § 45-831.01).
Multi-county water conservation districts and active management area water districts may
replenish groundwater with Central Arizona Project water or water from any other lawfully
available source except groundwater withdrawn from within an active management area (A.R.S.
§§ 48-3771 and 48-4972). Replenishment is the storage of water or use of long-term storage credits
by a groundwater replenishment district, a multi-county water conservation district or an active
management area water district to fulfill their statutorily outlined duties (A.R.S. § 45-802.01).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows a storer to recharge stormwater within a constructed underground storage facility
pursuant to the operational terms of the water storage and constructed underground storage
facility permits and in compliance with all applicable water quality permits and receive a
replenishment credit.
2. Requires the Director of ADWR to annually determine the quantity of stormwater recharged
by a storer and credit the storer's replenishment credit account with 95 percent of the total
volume of recharged stormwater in the previous calendar year.
SAWYER BESSLER
LEGISLATIVE RESEARCH ANALYST
NATURAL RESOURCES COMMITTEE
Telephone: (602) 926-3171 STRIKER MEMO
S.B.1236
Page 2
3. Requires the Director of ADWR to maintain a record of earned and transferred replenishment
credits for each credit holder and debit credits from the holder's account equal to the amount
of credits used.
4. Allows a storer to use replenishment credits or transfer the replenishment credits to any other
eligible entity and offset an equal amount of the storer's replenishment obligation within the
same subbasin for any year.
5. Allows a storer to use replenishment credits to offset the storer's replenishment if the offset is
for:
a) groundwater withdrawn from a well within two miles of the constructed underground
storage facility where the replenishment occurred; or
b) groundwater withdrawn and served by a water provider within the water provider's service
area and a portion of the service area is located within two miles of the constructed
underground storage facility where the replenishment occurred.
6. Requires the Director of ADWR to treat replenishment credits as groundwater and not as stored
water.
7. Adds to the conditions that allow the Director of ADWR to issue a water storage permit that
the proposed source of water is stormwater that will be recharged for aquifer replenishment in
a constructed underground storage facility.
8. Makes technical changes.
9. Becomes effective on the general effective date.