ADWR Legislation and Related Issues Arizona Water Institute External Advisory Board Herb Guenther ADWR January 23, 2007 Adjudications 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 BUDGET • 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 authorized • 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 BUDGET • 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 - SWAG • 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 2006 − Take straw proposal to statewide public meetings for public input − 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 Flagstaff Kingman Prescott Cottonwood Payson 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 Creates: • 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 • System Augmentation • Staged shortages for the Lower Division States 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 Major Colorado River Issues 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 boundaries – 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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