SB 1236
Initials CW Page 1 Natural Resources, Energy & Water
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
Senate: NR DPA/SE 4-3-1-0 | 3rd Read 17-10-3-0
SB 1236: storm water
Sponsor: Senator Petersen, LD 14
Committee on Natural Resources, Energy & Water
Overview
Authorizes stormwater to be recharged into an underground storage facility and for the storer
to receive a replenishment credit.
History
Underground Storage Facility
A constructed underground storage facility allows for water to be stored in an aquifer through
a constructed device, such as an injection well or percolation basin (ADWR). To operate a
facility a person must hold an Underground Storage Facility Permit issued by the Arizona
Department of Water Resources (ADWR) via statutorily provided criteria (A.R.S. § 45-
811.01).
Water Storage Permit
The Water Storage Permit administered by ADWR authorizes a permit holder to store water
at an underground storage facility or a groundwater savings facility. The permit holder is
required to demonstrate its right to use the stored water, to apply for the Water Quality
Permit from the Arizona Department of Environmental Quality (ADEQ) and additional
requirements (A.R.S. § 45-831.01)
Provisions
1. Includes stormwater, that will be recharged in a constructed underground storage
facility, as an eligible source of water for an applicant to be issued a water storage permit.
(Sec. 1)
2. Authorizes a person with a water storage permit to recharge stormwater within a
constructed underground storage facility and subsequently receive a replenishment
credit. (Sec. 2)
3. Requires the Director to annually determine the quantity of stormwater recharged by a
storer and grant 95% of the total volume of recharged water as replenishment credits.
(Sec. 2)
4. Prescribes required accounting of the replenishment credits. (Sec. 2)
5. Permits the use or transfer of replenishment credits to any other eligible entity and offset
the storer's replenishment obligation within the same subbasin for any year if certain
criteria are met. (Sec. 2)
6. Requires replenishment credits be treated as groundwater and not stored water. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1236
Initials CW Page 2 Natural Resources, Energy & Water
7. Allows the Director to issue a water storage permit that is either solely for the storage of
stormwater or a combination of water sources. (Sec. 2)
8. Makes technical changes. (Sec. 1)