Water--Supply:
water adequacy amendments

SB1575 is supposed to work hand in glove with HB2692, but it seems like what is on the table is a far cry from that.  SB1575 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 bills allow counties, cities or towns 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.  They provide exemptions for subdivisions that will be hauling water by truck or train – these are commonly referred to as “dry lot subdivisions.”  While the bills provide some additional consumer protection, they do not provide any additional protection for surface water – rivers, streams, springs, etc.  We are neutral on the bill as it still has some real deficiencies, but it is possible that these provisions could have some positive impacts in Coconino County and few other counties. 

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