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Water--Supply:
water adequacy provisions
Our Position: monitor
Bill Number: HB2693
Sponsor: Mason, Ableser, Saradnik, et al.
Legislative Session: 2007 Legislative Session
It authorizes cities and counties outside of active management areas to adopt by a unanimous vote an ordinance requiring a determination of water adequacy from the Arizona Department of Water Resources (ADWR) before a subdivision may be approved. It defines “adequate water supply” as sufficient groundwater, surface water or effluent of adequate quality to satisfy the needs of the proposed use for at least 100 years. The water supply must be continuously, legally and physically available. There are numerous exceptions for these water adequacy requirements including for developers who have made a substantial capital investment when the adequacy provisions are adopted. The bill allows a county, city or town to provide an exemption for subdivisions that will be served by projects under construction provided the construction will be completed within a twenty year timeframe, if the current supplies can sustain the subdivision for that time period. It also provides an exemption for subdivisions that will be hauling water by truck or train. It prohibits a city or town that is within a county that has adopted the adequacy provision to approve a subdivision unless ADWR has determined that the subdivision has demonstrated an adequate water supply or has obtained a written commitment of service from a city, town, or private water company that has been designated as having an adequate water supply. While the bill provides additional consumer protection, it does not provide any additional protection for surface water – rivers, streams, springs, etc.
We would love to be able to support these adequacy bills, but considering the lack of recognition for surface water and the likelihood that these measures will have very limited application because of the unanimous consent provision, we are still neutral.
Status
They substituted SB1575 for this and passed it in the House. See SB1575 for more information.
Action Needed
More information
Click on HB2693 to read the bill and see a more detailed status.
Contact
Sandy Bahr at 602-253-8633 or sandy.bahr@sierraclub.org
Background
ADEQUACY BILLS INADEQUATE, BUT COULD BE USED BY SOME COMMUNITIES TO PROTECT CONSUMERS AND GROUNDWATER
Arizona water law does not currently provide adequate protection for riparian areas along our rivers and streams. Riparian areas are some of our most threatened and important ecosystems in our arid state. Water diversions and associated activities with livestock grazing, mining, irrigated agriculture, motorized recreation, and urban/suburban sprawl present ongoing threats to stream flows and water quality.
Existing and proposed groundwater pumping threatens the San Pedro River, the Verde River and the seeps and springs in the Grand Canyon, among other areas. Groundwater pumping has already significantly depleted rivers in agricultural zones. The state's heaviest water users continue to be in the agriculture sector, so it is no surprise that rivers in agricultural zones no longer flow.
Some estimates indicate that less than 10% of Arizona's original riparian acreage remains intact. We can argue over the number, but there is no argument that substantial portions of Arizona's riparian habitat have been degraded significantly. These areas are of immense ecological importance — 60% of Arizona's native wildlife depends on riparian areas and 10-20% use riparian areas for part of their life cycle.
Keeping water in the rivers provides important habitat, but it also helps support tourism and recreation in some parts of our state. Tourism contributes significantly to Arizona's economy and constitutes the state's largest employment sector; it affects one in five jobs in Arizona, directly and indirectly.
Changing water laws in Arizona is a difficult prospect at best. This year there are bills to promote better water planning in rural areas and also to require adequate water supplies for development outside of Active Management Areas (AMAs). We are generally supportive of efforts for better planning and consumer protection, but do not want to see more funding for water development without adequate protections for surface water. At a minimum, modest measures to provide some protection for surface flows and protection of riparian areas should be included in these bills. We recommend that the Legislature take action to protect consumers, limit groundwater pumping, promote conservation, and protect our rivers, streams, and riparian areas.
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