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									ADWR Legislation and
Related Issues

Arizona Water Institute
External Advisory Board

                      Herb Guenther
                   January 23, 2007
                            Definition: “A general stream adjudication is a
                            judicial proceeding in which the nature, extent, and
                            relative priority of water rights is determined.”

                           Gila & Little Colorado cases still in Phase 1 after
                           more than 30 years: Identify, quantify, & prioritize
                           water rights

                                                                   Gila River
 Little Colorado River

Adjudication Court Judge Edward Ballinger :
ADWR needs to help accelerate the
adjudication process

ADWR has requested additional staff and
budget support to meet court‟s needs
     General Stream Adjudication

• ADWR is the technical arm of Adjudication Court
  – Funding & staff have been insufficient to perform
    hydrologic surveys & water rights claim analyses
• FY 2007: Line item for $500,000 & 8 FTEs
• FY 2008: Line item not included in JLBC budget
            SB 1193
          Senator J. Flake

• ADWR support for expanded work on the
  general stream adjudications
• Appropriates additional $ 1 million
• Adds 12 FTEs
         Assured Water Supply
Assured Supply – within AMAs

  • Developer must show 100 year supply before
    recording plats or selling parcels
  • 100 year supply must be physically, legally and
    continuously available
  • Without a 100 year supply, no subdivision is
  • How to prove 100 year supply:
     •Obtain Certificate of Assured Water Supply
     •Commitment of service from Designated Provider
        Adequate Water Supply
Adequate Water Supply – outside AMAs
  – Started 1973 as a consumer advisory program
  – Before Dept of Real Estate authorizes lot sales:
     • ADWR must receive a hydrology report describing availability
     • Water must be of adequate quantity and quality that is:
        – physically, legally, and continuously available for 100 years
  – Proving adequacy:
     • Water availability concurrence from ADWR, or
     • Commitment of service by a Designated Provider
  – If not adequate:
     • Developer must disclose inadequacy only to initial buyers
Assured & Adequate Water Supply

• New rulemaking (including fees) became
  effective in September 2006
• JLBC FY 2008 baseline reduces AAWS by:
  – $1.7 M in General Fund
  – 12 FTEs
• Proposed reduction exceeds 60%
  – Funding & staffing below 2005 levels
Statewide Water Advisory Group -
• Purpose
   − Define rural water issues
   − Gather input from stakeholders
      • Cities, towns, counties, large industries, advocacy groups,
        legislators & the public
   − Propose solutions

• Process
   − More than 50 representatives have met regularly since May
   − Take straw proposal to statewide public meetings for public
   − Bring public input back to SWAG
• Product
   − List of issues
   − Straw proposal
   − Potential legislation
   Public Meetings
October 2006   January 2007

   Safford       Phoenix
    Eagar         Tucson
 Snowflake     Window Rock
   Benson          Yuma
Sierra Vista
                   Going Forward
• Authority to require demonstration of an adequate water
  supply before development can proceed (adoption
  permissive) – drafting legislation for consideration

• Establish a Rural Water Development Fund for low interest
  loans – drafting legislation for consideration

• Pilot augmentation and replenishment district Upper San
  Pedro Sub Basin – working with the Upper San Pedro
  Partnership for potential legislation

• Prohibiting the drilling of a new well that would likely cause
  the migration of a contaminant plume to an existing well –
  drafting legislation for consideration
 Water Adequacy: Local Authority
 Sponsors – Sen. M. Arzberger, Rep. L. Mason
                   SWAG Legislation
• Counties may adopt authority to deny development
  applications that do not have an adequate water
  supply determination from ADWR
• If county does not adopt adequacy provision,
  municipalities may adopt adequacy ordinances
• If county adopts adequacy provision, municipalities
  within that county must adopt adequacy ordinances
• Requires adequacy notice:
  – On each plat
  – At closing
       Water Development Fund
  Sponsors – Sen. M. Arzberger, Rep. L. Mason
                  SWAG Legislation

• Fund to provide low interest loans and/or small
  grants to help develop new water supplies
• Committee within Water Infrastructure Advisory
  Authority (WIFA) will screen & select applicants
  – Applicants to the the Fund must have adopted the
    adequacy requirement for loan or grant eligibility
 Drilling in Contaminated Areas
Sponsors – Sen. M. Arzberger, Rep. L. Mason
                    SWAG Legislation

• Extends existing prohibition against drilling of wells
  within a certain distance of a remedial action site if the
  new well would cause the contaminant plume to
  impact existing wells
• Includes:
   – All wells outside AMAs
   – Exempt wells ( <35 gpm) within AMAs
• Excludes:
   ― Replacement wells and deepening wells which are already
     covered under rule
  Final 7 States Agreement

• Conjunctive management of Lakes Mead
  and Powell
• Intentionally Created Surplus (ICS)
• Wheeling other water in Colorado River
• System Augmentation
• Staged shortages for the Lower Division
  Final 7 States Agreement

• Because the “Law of the River” does not
  provide for non system water or ICS
  water, it will be necessary for the Lower
  Division States to forbear on their use of
  these types of water
• ADWR will need to get legislative
  authorization for the Director to forbear
  under these special circumstances
         Senate Joint Resolution for
         7 Basin States Agreement
• Forbearance: Authorizes ADWR Director to forbear ordering
  these special types of water created & owned by other Basin
  states under specific circumstances
• Need
   – Surplus is intentionally created by another state (Nevada or California)
   – “Law of the River” does not recognize these types of water
   – Augments supply on the River
   – Achieves comity with our neighbors on the Colorado River
   – Reduces interim surplus available to other states under the Interim
     Surplus Guidelines (ISG)
   – Reduces the frequency and magnitude of Arizona‟s shortages
First Time In 84
    Years All 7
   Basin States
     Agree On
 Colorado River
Additional ADWR Legislation
             Municipal Conservation
                  Sponsor – Sen. J. Flake
     Best Management Practices (BMPs) for
         municipal providers within AMAs
Modifies existing „optional‟ program:
   – Municipal providers without an Assured Water Supply
     designation must select & adopt BMPs
      • Optional for providers with a designation
   – Participants must provide ADWR with “Provider Profile”
      • (Describing area, demonstrating how selected BMPs are
        appropriate; provides a more flexible approach)
      • BMPs can include landscaping, product rebates, education, rate
        schedules, conservation initiatives, etc.
      • BMP measures must have proven track record
      • Periodic ADWR review of BMPs & program effectiveness
      Summerhaven Waiver
           Sponsor – Sen. T. Bee

• Extends Summerhaven‟s previous exemption
  from the requirements of the assured and
  adequate water supply program

• Requirement: all home purchasers in the
  waiver area must be notified ADWR has not
  determined there is an assured supply
Emergency Groundwater Transfers
          Sponsor – Rep. L. Mason

• Waiver of A.R.S. 45 - 544
• Allows transfer of groundwater across basin
  – For communities compromised by drought
  – One-year session law
 Well Water; Colorado; Santa Cruz
             Sponsor – Rep. L. Mason

Technical fix :
  – Conforms conditional enactment to existing notice
    of intent to drill a well requirements
  – Addresses unique Santa Cruz AMA management
    goal* and adjusts assured water supply
    requirements to be consistent with that goal

  * …maintain a safe-yield condition and prevent local
    water tables from experiencing long term declines.
    (Santa Cruz AMA management goal)

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