SB 1432 — assured water; small residential developments..

6.

WORKING TO IDENTIFY A LONG-TERM SOLUTION FOR THE WATER NEEDS OF THE AREA PRESCRIBED BY THIS SECTION.

C.

THE INTERGOVERNMENTAL AGREEMENT EXECUTED PURSUANT TO THIS SECTION SHALL INDEMNIFY THE CITY OR TOWN WITH RESPECT TO ANY ACTIONS TAKEN OR OCCURRENCES AFTER WATER IS PROVIDED AT THE STANDPIPE.

D.

THE PROVISION OF WATER PURSUANT TO THIS SECTION AND THE INTERGOVERNMENTAL AGREEMENT AUTHORIZED BY THIS SECTION ARE CONTINGENT ON A STANDPIPE DISTRICT OBTAINING A SOURCE OF WATER FROM A THIRD PARTY ABSENT A CITY'S OR TOWN'S CONSENT TO USE THE CITY'S OR TOWN'S OWN SOURCE OF WATER.

E.

NOT MORE THAN SEVEN HUNDRED FIFTY RESIDENCES SHALL BE ALLOWED TO RECEIVE WATER FROM ANY STANDPIPE DISTRICT.

F.

A CITY OR TOWN MAY REDUCE OR SUSPEND THE AMOUNT OF WATER PROVIDED PURSUANT TO THIS SECTION IF WATER BECOMES UNAVAILABLE FROM A THIRD PARTY.

G.

A CITY OR TOWN IS NOT LIABLE TO ANY PERSON OR ENTITY FOR PROVIDING OR FAILING TO PROVIDE WATER PURSUANT TO THIS SECTION.

H.

THIS SECTION DOES NOT PRECLUDE EXECUTION OR IMPLEMENTATION OF A VOLUNTARY AGREEMENT BEFORE THE EFFECTIVE DATE OF THIS SECTION.

THIS SECTION DOES NOT APPLY IF SUCH A VOLUNTARY AGREEMENT RESULTS IN ADEQUATE WATER BEING SUPPLIED TO THE RESIDENCES THAT WOULD OTHERWISE BE SERVED.

I.

PROPERTY OWNERS IN THE IMPACTED AREA MAY JOIN, OR NOT JOIN, THE STANDPIPE DISTRICT.

THE STANDPIPE DISTRICT SHALL ONLY PROVIDE WATER TO THE MEMBERS OF THE STANDPIPE DISTRICT.

J.

THE STANDPIPE DISTRICT SHALL BE GOVERNED BY A FIVE-PERSON BOARD OF DIRECTORS WHO SHALL BE MEMBERS OF THE STANDPIPE DISTRICT ON OR BEFORE TAKING OFFICE.

APPOINTMENTS SHALL BE MADE WITHIN FOURTEEN DAYS OF THE OCCURRENCE OF THE CONDITIONS IN SUBSECTION A OF THIS SECTION, OR IF SUCH CONDITIONS ALREADY EXIST AS OF THE EFFECTIVE DATE OF THIS SECTION, WITHIN FOURTEEN DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.

THE STANDPIPE DISTRICT BOARD SHALL CONSIST OF THE FOLLOWING MEMBERS:

1.

ONE MEMBER WHO IS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

2.

ONE MEMBER WHO IS APPOINTED BY THE PRESIDENT OF THE SENATE.

3.

ONE MEMBER WHO IS APPOINTED BY THE GOVERNOR AND WHO SERVES AT THE PLEASURE OF THE GOVERNOR.

4.

ONE MEMBER WHO IS APPOINTED BY THE COMMISSIONER OF THE STATE REAL ESTATE DEPARTMENT AND WHO SERVES AT THE PLEASURE OF THE COMMISSIONER OF THE STATE REAL ESTATE DEPARTMENT.

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1432 5.

ONE MEMBER WHO IS APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES AND WHO SERVES AT THE PLEASURE OF THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES.

K.

EACH STANDPIPE DISTRICT SHALL HAVE NO POWERS OTHER THAN THOSE EXPRESSLY CONTEMPLATED BY THIS SECTION.

THE STANDPIPE DISTRICT MAY LEVY A REASONABLE AND MINIMAL SURCHARGE ON THE PRICE OF WATER TO REIMBURSE THE STANDPIPE DISTRICT FOR COSTS OF BILLING AND ADMINISTRATION AND OTHER REASONABLE EXPENSES.

THE SURCHARGE SHALL NOT EXCEED TEN PERCENT OF A CUSTOMER'S BILL WITHOUT THE UNANIMOUS APPROVAL OF THE BOARD OF THE STANDPIPE DISTRICT.

L.

A STANDPIPE DISTRICT IS NOT SUBJECT TO EMINENT DOMAIN PURSUANT TO SECTION 9-516.

M.

IN THE EVENT THAT THE CONDITIONS SET FORTH IN SUBSECTION A OF THIS SECTION APPLY TO AN AREA, A STANDPIPE DISTRICT IN THE IMPACTED AREA BEGINS TO EXIST WHEN A MAJORITY OF MEMBERS OF ITS BOARD ARE APPOINTED.

A STANDPIPE DISTRICT TERMINATES ON THE REPEAL OF THIS SECTION.

Sec.

2.

Delayed repeal Section 9-500.40, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2025.

Sec.

3.

The city, town or county shall note on the face of the approved plat that a certificate of assured water supply has been submitted with the plat or that the subdivider has obtained a written commitment of water service for the proposed- subdivision3 from- aS.B. city, town or private water company designated as having an assured water supply pursuant to this section.

1432 proposed subdivision from a city, town or private water company designated as having an assured water supply pursuant to this section.

If a city or town acquires a private water company that has contracted for central Arizona -project 1water, -the S.B.city or town shall assume the private water company's contract for central Arizona project water.

1432 project water, the city or town shall assume the private water company's contract for central Arizona project water.

For each city, town or private water company that qualified as a member service area under title 48, chapter 22 and was designated as having- an4 assured- waterS.B. supply before January 1, 2004, the director shall report to the conservation district on or before January 1, 2005 the projected average annual replenishment obligation based on the projected and committed average annual demand for water within the service area during the effective term of the designation subject to any limitation in an agreement between the conservation district and the city, town or private water company.

1432 having an assured water supply before January 1, 2004, the director shall report to the conservation district on or before January 1, 2005 the projected average annual replenishment obligation based on the projected and committed average annual demand for water within the service area during the effective term of the designation subject to any limitation in an agreement between the conservation district and the city, town or private water company.

On or before January 1, 2008, the rules shall provide for a reduction in water demand for an application for a designation of assured water supply or a certificate of assured water supply if a gray water reuse system will be installed that meets the requirements of the rules adopted by the department of environmental quality for gray water systems -and 2if -the S.B.application is for a certificate of assured water supply, the land for which the certificate is sought must qualify as a member land in a conservation district pursuant to title 48, chapter 22, article 4.

1432 and if the application is for a certificate of assured water supply, the land for which the certificate is sought must qualify as a member land in a conservation district pursuant to title 48, chapter 22, article 4.

For the purposes of this subsection, "designation uses" means all water uses served by a municipal provider on the date the municipal provider's designation of assured water supply lapses or otherwise terminates and all recorded- lots5 within- theS.B. municipal provider's service area that were not being served by the municipal provider on that date but that received final plat approval from a city, town or county on or before that date.

1432 recorded lots within the municipal provider's service area that were not being served by the municipal provider on that date but that received final plat approval from a city, town or county on or before that date.

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1432 3.

ON OR BEFORE DECEMBER 31, 2023, THE DIRECTOR SHALL STUDY AND SUBMIT TO THE GOVERNOR, PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES A REPORT ON WHETHER AND HOW A PERSON THAT SEEKS A BUILDING PERMIT FOR SIX OR MORE RESIDENCES WITHIN AN ACTIVE MANAGEMENT AREAAREA, IN AN UNINCORPORATED AREA OF A COUNTY, WITHOUT REGARD TO ANY PROPOSED LEASE TERM FOR THOSE RESIDENCES, SHALLSHOULD APPLY FOR AND OBTAIN A CERTIFICATE OF ASSURED WATER SUPPLY FROM THE DIRECTOR BEFORE PRESENTING THE PERMIT APPLICATION FOR APPROVAL TO THE COUNTY IN WHICH THE LAND IS LOCATED, UNLESS THE APPLICANT HAS OBTAINED A WRITTEN COMMITMENT OF WATER SERVICE FOR THE RESIDENCES FROM A CITY, TOWN OR PRIVATE WATER COMPANY DESIGNATED AS HAVING AN ASSURED WATER SUPPLY PURSUANT TO THIS SECTION.

L.- 6 - S.B.

1432 L.

-(c) 4The -expected S.B.water requirements of all recorded lots that are not yet served water and that are located in the service area of a municipal provider.

1432 (c) The expected water requirements of all recorded lots that are not yet served water and that are located in the service area of a municipal provider.

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4.

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.

APPROVED BY THE GOVERNOR JUNE 19, 2023.

FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 19, 2023.

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