Assigned to NR AS PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
FACT SHEET FOR S.B. 1236
government anti-identification procedures; technical correction
(NOW: storm water)
Purpose
Allows a storer in the Phoenix Active Management Area (AMA) 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 AMA water districts may replenish
groundwater with Central Arizona Project water or water from any other lawfully available source
except groundwater withdrawn from within an AMA (A.R.S. §§ 48-3771 and 48-4972).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 AMA 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 in the Phoenix AMA 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. FACT SHEET – Amended
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. Allows the Director of the ADWR to issue a permit to an underground storage facility solely
for the storage of stormwater or for a combination of water sources.
7. Requires the Director of ADWR to treat replenishment credits as groundwater and not as stored
water.
8. 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.
9. Stipulates that the storage of stormwater must not affect, infringe on or interfere with vested
or existing rights to the use of water.
10. Defines stormwater as water that has been collected in a system designed to carry rainfall
runoff from streets, sidewalks, gutters and other impervious surfaces, including those in
subdivisions, to a location where the water is retained.
11. Stipulates that stormwater does not include surface water, effluent, incidental recharge or net
natural recharge.
12. Makes technical changes.
13. Becomes effective on the general effective date.
Amendments Adopted by Committee
• Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole
1. Allows the Director of the ADWR to issue a permit to an underground storage facility solely
for the storage of stormwater or for a combination of water sources.
2. Makes technical changes. FACT SHEET – Amended
S.B. 1236
Page 3
Amendments Adopted by the House of Representatives
1. Specifies that the outlined storer may only be in the Phoenix AMA.
2. Stipulates that the storage of stormwater must not affect, infringe on or interfere with vested
or existing rights to the use of water.
3. Defines stormwater as water that has been collected in a system designed to carry rainfall
runoff from streets, sidewalks, gutters and other impervious surfaces, including those in
subdivisions, to a location where the water is retained.
4. Stipulates that stormwater does not include surface water, effluent, incidental recharge or net
natural recharge.
5. Makes technical changes.
Senate Action House Action
NR 2/18/25 DPA/SE 4-3-1 NREW 3/25/25 DP 6-4-0-0
3
rd
Read 3/6/25 17-10-3 3
rd
Read 4/16/25 33-25-2
Prepared by Senate Research
April 17, 2025
SB/slp