HB 2589 — assured water supply; analysis; availability

Fifty-sixthHouse LegislatureEngrossed Naturalassured Resources,water Energysupply; & Water Second Regular Session H.B.

2589analysis; PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

availability State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session HOUSE BILL 2589 (ReferenceAN toACT printedAMENDING bill)TITLE Page45, 1,CHAPTER between2, linesARTICLE 179, andARIZONA 18,REVISED insert:STATUTES, BY ADDING SECTION 45-576.10;

"B.RELATING TO THE GROUNDWATER CODE.

(TEXT OF BILL BEGINS ON NEXT PAGE) - i - H.B.

2589 Be it enacted by the Legislature of the State of Arizona:

Section 1.

Title 45, chapter 2, article 9, Arizona Revised Statutes, is amended by adding section 45-576.10, to read:

45-576.10.

Assured water supply;

analysis;

physical availability;

definition A.

FOR THE PURPOSES OF ISSUING A CERTIFICATE OF ASSURED WATER SUPPLY UNDER RULES ADOPTED BY THE DIRECTOR PURSUANT TO SECTION 45-576, SUBSECTION H, THE DIRECTOR SHALL ACCEPT AN ANALYSIS AS A VALID DEMONSTRATION OF PHYSICAL AVAILABILITY FOR THE VOLUME OF GROUNDWATER STATED IN THE ANALYSIS, AFTER REDUCING THE VOLUME OF GROUNDWATER STATED IN THE ANALYSIS BY THE AMOUNT OF GROUNDWATER REPRESENTED BY ALL CERTIFICATES OF ASSURED WATER SUPPLY ISSUED IN RELIANCE ON THE ANALYSIS, IF ALL OF THE FOLLOWING APPLY:

1.

THE DIRECTOR ISSUED THE ANALYSIS ON OR BEFORE MAY 31, 2023.

2.

THE ANALYSIS HAS NOT EXPIRED.

3.

THE ANALYSIS INCLUDES A DETERMINATION OF PHYSICAL AVAILABILITY OF GROUNDWATER.

B.

AFTER THE EFFECTIVE DATE OF THIS SECTION, AN APPLICANT FOR A CERTIFICATE OF ASSURED WATER SUPPLY THAT HOLDS AN ANALYSIS AS PRESCRIBED BY SUBSECTION A OF THIS SECTION MAY SUBMIT A SWORN STATEMENT TO THE DEPARTMENT IN WHICH THE APPLICANT AGREES TO REDUCE THE REMAINING VOLUME OF GROUNDWATER RESERVED BY THE ANALYSIS BY FIFTEEN PERCENT AFTER THE DIRECTOR GRANTS A CERTIFICATE OF ASSURED WATER SUPPLY.

IF THE DIRECTOR RECEIVES A SWORN STATEMENT PURSUANT TO THIS SUBSECTION, THE DIRECTOR SHALL GRANT THE APPLICANT A CERTIFICATE OF ASSURED WATER SUPPLY.

C.

THE DIFFERENCE IN VOLUME BETWEEN THE WATER DEMAND ASSUMPTION THE DIRECTOR USED WHEN THE APPLICATION FOR A CERTIFICATE IS FIRST SUBMITTED AND THE WATER DEMAND ASSUMPTIONS USED TO ISSUE THE ORIGINAL ANALYSIS SHALL REMAIN PHYSICALLY AVAILABLE FOR FURTHER SUBDIVISION DEVELOPMENT IN THE SERVICE AREA OF THE DESIGNATED PROVIDER SERVING THE ANALYSIS LAND."LAND. Reletter to conform Amend title to conform TIMOTHY M.

DUNND. 2589DUNN.docx 01/25/2024 04:13 PM C:

CTFOR THE PURPOSES OF THIS SECTION, "ANALYSIS" MEANS A DETERMINATION BY THE DIRECTOR PURSUANT TO RULES ADOPTED BY THE DIRECTOR THAT ONE OR MORE CRITERIA REQUIRED FOR A CERTIFICATE OF ASSURED WATER SUPPLY HAVE BEEN DEMONSTRATED FOR A DEVELOPMENT.

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