Mandatory Water Adequacy Program

1
Mandatory Water Adequacy Program

• Coconino County
• City of Flagstaff
• Stakeholder Outreach
• June 10, 2009

2
Purpose

• Overview of Arizona Water Management Programs
• Overview of SB1575
• Application of SB1575
• City of Flagstaff
• Coconino County
• Questions, Comments, Feedback

3
Arizona Water Management Programs

• 1973-Statewide Adequate Water Supply Program
  established. Requires disclosure of inadequate
  water supplies to first buyer of a subdivision
  lot, but lots may still be sold.
• 1980-Groundwater Management Act created first
  Active Management Areas based on groundwater
  basins
• 1995-Assured Water Supply Rules for AMAs

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Arizona Water Management Programs
Assured Water Supply (Active Management
Areas) Water Adequacy (remainder of State)
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Arizona Water Management Programs

• Created as consumer protection programs
• Created to address growing concerns about
  Arizonas limited water supplies
• Intended to protect water supplies for current
  residents from demands of future growth
• Intended to link growth water supply

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Adequacy Criteria

• Continuously available infrastructure
• Legal availability water right or contract
• Physical availability hydrologic study, prove
• 100-years of groundwater lt 1,200 ft depth or
• saturated thickness remaining (per pending
  guidelines)
• Financial Capability to construct water
  system
• Water Quality adequate treatment works, etc.

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SB1575- Water Adequacy

• Authorizes cities, towns and counties (located
  outside of Active Management Areas) to require an
  adequate water supply determination from ADWR for
  approval of new subdivisions
• SB1575 does not apply to lot splits or major
  developments that are not subdivisions

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SB 1575-Water AdequacyCities and Towns

• Cities towns may adopt a Water Adequacy
  Ordinance in a county that does not adopt the
  requirement
• Cities towns may adopt by a majority vote
• Cities towns may repeal Adequacy Program if
  they adopt

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SB 1575-Water AdequacyCounties

• Adoption by counties requires a unanimous vote of
  the Board of Supervisors.
• Adoption by counties applies to all subdivisions
  within the county including those within
  incorporated cities and towns.
• Adoption by counties is irrevocable for all areas
  within the county including those incorporated
  cities and towns.

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SB 1575-Statutory Exemptions

• Subdivisions that receive final plat approval
  before the program is adopted is not impacted
  UNLESS the plat is materially changed.
• Subdividers who have made a substantial capital
  investment toward construction of the proposed
  subdivision.
• Subdivisions to be served by a water project that
  is under construction will be completed within
  20 years.

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SB1575 Local Exemptions

• A city, town, or county may adopt an ordinance
  that exempts subdivisions served with a hauled
  water supply.

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SB1575 Rulemaking

• ADWR required to promulgate rules for the water
  adequacy program
• Coconino County and City of Flagstaff provided
  comments during the rulemaking process
• Rules have not been submitted to the Governors
  Regulatory Review Council (GRRC) for adoption due
  to rulemaking delays invoked by Governor

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SB1575 Rulemaking

• On January 22, 2009, Governor Brewer released an
  order suspending all rulemaking by state agencies
  until April 30, 2009, and has been extended to
  June 30, 2009.
• HB 2240 has been introduced to freeze any rule or
  regulation promulgation until July 2, 2010. The
  bill passed the Arizona House of Representatives
  and is awaiting action in the Senate

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City and County Outreach

• Despite rulemaking moratorium, Coconino County
  and City of Flagstaff are continuing stakeholder
  meetings to get input and feedback to help
  analyze the pros and cons of adopting mandatory
  water adequacy programs.