HB 2553 — adequate water supply; county review.

HB2553 - 532R - IH Ver       REFERENCEHouse TITLE:Engrossed       State of Arizona House of Representatives Fifty-third Legislature Second Regular Session     HOUSE BILL 2553       AN ACT   amending section 11-823, Arizona Revised Statutes;

adequate water supply;

county review.

      State of Arizona House of Representatives Fifty-third Legislature Second Regular Session     HB 2553   Introduced by Representative Bowers     AN ACT   amending section 11-823, Arizona Revised Statutes;

4.  For a county that is not in an active management area,area: the board shall review the provision and after review may by unanimous vote readopt the provision not more than five years after the effective date of this amendment to this section AND at least EVERY TEN YEARS THEREAFTER, but not more frequently than every five years thereafter.  The board shall give written notice of any vote not to readopt the provision to the director of water resources, the director of environmental quality and the state real estate commissioner and the vote not to readopt the provision is effective, the provision has no further force and subsection A of this section does not apply IF ALL OF THE FOLLOWING APPLY AT THE TIME of the vote:

(a)  THE(a)  the countyboard orshall review the largestprovision cityand inafter review may by unanimous vote at a public meeting vote not to readopt the countyprovision.  ISThe PARTICIPATINGreview INshall Aoccur PROGRAMnot TOmore rechargethan orfive supplementyears THEafter AQUIFERthe UNDERLYINGeffective THEdate county.of this amendment to this section AND at least EVERY TEN YEARS THEREAFTER, but not more frequently than every five years thereafter.

(b)  THE(b)  If county or the largestboard citydoes innot thevote countyUNANIMOUSLY HASnot ADOPTEDto Areadopt PLANthe FORPROVISION THEor REUSEif OFthe RECLAIMEDboard WATER. after FORreview THEdoes PURPOSESnot OFvote THISon subdivision,the "RECLAIMEDprovision, WATER"the HASprovision THEremains SAMEin MEANINGeffect. PRESCRIBED IN SECTION 49-201.

(c)  THE(c)  If countythe orboard theVOTES largestunanimously citynot into readopt the countyprovision, HASthe ADOPTEDprovision has no further force and subsection A RESIDENTIALof ANDthis NONRESIDENTIALsection WATERdoes CONSERVATIONnot PROGRAMapply FORIF INTERIORALL ANDOF EXTERIORTHE WATERFOLLOWING USE.APPLY AT THE TIME of the vote:

(d)  If(i)  THE county or the largest city in the county isIS aPARTICIPATING communityIN waterA systemPROGRAM asTO definedrecharge inor sectionsupplement 45-341,THE theAQUIFER cityUNDERLYING isTHE incounty. compliance with all applicable planning and reporting requirements under title 45, chapter 1, article 14.

(e)  The(ii)  THE county or the largest city in the county hasHAS adoptedADOPTED anA ordinancePLAN allowingFOR onlyTHE theREUSE useOF ofRECLAIMED xeriscapeWATER.  orFOR otherTHE droughtPURPOSES tolerantOF orTHIS low‑wateritem, use"RECLAIMED vegetationWATER" forHAS landscapingTHE withinSAME anyMEANING publiclyPRESCRIBED ownedIN right‑of-waySECTION of49-201. a highway, street, road, sidewalk, curb or shoulder or any median of a highway, street or road within the county or the city, as applicable, after the effective date of that landscape ordinance.

(f)  THE(iii)  THE COUNTYcounty ORor THEthe LARGESTlargest CITYcity INin THEthe COUNTYcounty ISHAS FUNDINGADOPTED A PROGRAM TO PROVIDE REBATES FOR REPLACING LOW‑EFFICIENCY PLUMBING FIXTURES IN RESIDENTIAL AND NONRESIDENTIAL STRUCTURESWATER WITHINCONSERVATION THEPROGRAM countyFOR orINTERIOR cityAND WITHEXTERIOR HIGHWATER EFFICIENCYUSE. PLUMBING FIXTURES.

(g)  IF(iv)  If the largest city in the county iSis Aa WATERcommunity PROVIDER,water THEsystem cityas ISdefined LIMITINGin THEsection AMOUNT45-341, OFthe LOSTcity ANDis UNACCOUNTEDin FORcompliance WATERwith INall ITSapplicable WATERplanning DISTRIBUTIONand SYSTEMreporting TOrequirements NOTunder MOREtitle THAN45, TENchapter PERCENT1, OFarticle THE14. TOTAL QUANTITY OF WATER THAT ENTERS THE DISTRIBUTION SYSTEM.

(h)  THE(v)  The county or the largest city in the county IShas FUNDINGadopted Aan PUBLICordinance EDUCATIONallowing PROGRAMonly RELATEDthe TOuse WATERof CONSERVATIONxeriscape ANDor HASother IDENTIFIEDdrought ANDtolerant IMPLEMENTEDor OTHERlow‑water PROGRAMSuse TOvegetation REDUCEfor WATERlandscaping USEwithin WITHINany THEpublicly owned right‑of-way of a highway, street, road, sidewalk, curb or shoulder or any median of a highway, street or road within the county or the city, as applicable.applicable, after the effective date of that landscape ordinance.

4.  5.  If(vi)  THE theCOUNTY boardOR approvesTHE aLARGEST subdivisionCITY platIN pursuantTHE toCOUNTY subsectionIS A,FUNDING paragraphA 1PROGRAM orTO 2PROVIDE ofREBATES thisFOR section,REPLACING theLOW‑EFFICIENCY boardPLUMBING shallFIXTURES noteIN onRESIDENTIAL theAND faceNONRESIDENTIAL ofSTRUCTURES theWITHIN platTHE thatcounty the director of water resources has reported that the subdivision has an adequate water supply or thatcity theWITH subdividerHIGH hasEFFICIENCY obtainedPLUMBING aFIXTURES. commitment of water service for the proposed subdivision from a city, town or private water company designated as having an adequate water supply pursuant to section 45‑108.

5.  6.  If(vii)  IF the boardlargest approvescity ain subdivisionthe platcounty pursuantiS toA anWATER exemptionPROVIDER, authorizedTHE bycity paragraphIS 1LIMITING ofTHE thisAMOUNT subsectionOF orLOST grantedAND byUNACCOUNTED theFOR directorWATER ofIN waterITS resourcesWATER pursuantDISTRIBUTION toSYSTEM sectionTO 45‑108.02NOT orMORE 45‑108.03:THAN TEN PERCENT OF THE TOTAL QUANTITY OF WATER THAT ENTERS THE DISTRIBUTION SYSTEM.

(viii)  THE county or the largest city in the county IS FUNDING A PUBLIC EDUCATION PROGRAM RELATED TO WATER CONSERVATION AND HAS IDENTIFIED AND IMPLEMENTED OTHER PROGRAMS TO REDUCE WATER USE WITHIN THE county or city, as applicable.

5.  The board shall give written notice of any vote not to readopt the provision to the director of water resources, the director of environmental quality and the state real estate commissioner if the PROVISION is no longer in effect as prescribed in paragraph 4 of this subsection.

4.  6.  If the board approves a subdivision plat pursuant to subsection A, paragraph 1 or of this section, the board shall note on the face of the plat that the director of water resources has reported that the subdivision has an adequate water supply or that the subdivider has obtained a commitment of water service for the proposed subdivision from a city, town or private water company designated as having an adequate water supply pursuant to section 45‑108.

5.  7.  If the board approves a subdivision plat pursuant to an exemption authorized by paragraph 1 of this subsection or granted by the director of water resources pursuant to section 45‑108.02 or 45‑108.03: