Official Summary Text
SB1288 - 572R - Senate Fact Sheet
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ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
S.B. 1288
assured water supply;
analysis; availability
Purpose
An emergency measure that allows an applicant for a Certificate of
Assured Water Supply (Certificate) that holds an analysis to submit a sworn
statement to the Arizona Department of Water Resources (ADWR) in which the
applicant agrees to reduce the remaining volume of groundwater reserved by the
analysis by 15 percent after the Director of ADWR grants a Certificate and
requires the Director of ADWR, after receipt of a sworn statement, to grant the
applicant a Certificate.
Background
A person who proposes to offer subdivided lands for sale or lease in an
active management area (AMA) must apply for and obtain a Certificate from the
Director of ADWR before presenting the plat for approval to the city, town or
county in which the land is located and before filing with the State Real
Estate Commissioner a notice of intention to offer such land for sale or lease.
An assured water supply means that: 1) sufficient groundwater, surface water or
effluent of adequate quality will be continuously available to satisfy the
water needs of the proposed use for at least 100 years; 2) the projected
groundwater use is consistent with the management plan and achievement of the
management goal for the active management area (AMA); and 3) the financial capability
has been demonstrated to construct the water facilities necessary to make the
supply of water available for the proposed use, including a delivery system and
any storage facilities or treatment works (
A.R.S.
� 45-576
).
A person proposing to develop land that will not be served by a
designated provider may submit an application to ADWR for an analysis of
assured water supply before applying for a Certificate. For 10 years after the
Director of ADWR issues an analysis: 1) if groundwater is a source of supply in
the analysis and the applicant demonstrates that groundwater is physically
available, the Director must consider that supply of groundwater reserved for
the use of the proposed development in subsequent determinations of physical
availability; and 2) if an analysis holder applies for a Certificate for a
subdivision located on land included in the analysis, the Director of ADWR must
presume that a criterion demonstrated in the analysis remains satisfied with
respect to the subdivision, unless the Director has received contradictory
evidence (
A.A.C.
R12-15-703
).
Any person applying for a Determination of Assured Water Supply or a
Determination of Adequate Water Supply may use an existing physical
availability determination for the purpose of demonstrating that a proposed
water source is physically available. An applicant for a physical availability
determination must demonstrate: 1) that the volume of water is physically
available for 100 years in the area that is the subject of the application; and
2) that the proposed sources of water will be of adequate quality (
A.A.C.
R12-15-702
).
There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1.
Requires
the Director of ADWR, for the purposes of issuing a Certificate, to accept an
analysis or physical availability determination as a valid demonstration of
physical availability for the volume of groundwater stated in the analysis or
physical availability determination, after reducing the volume of groundwater
stated in the analysis or physical availability determination by the amount of
groundwater represented by all Certificates issued in reliance on the analysis
or physical availability determination, if:
a)
the Director of ADWR issued the analysis or physical availability
determination by May 31, 2023; and
b)
the
analysis or physical availability determination includes a determination of physical
availability of groundwater.
2.
Allows an applicant for a Certificate that holds an outlined analysis,
after the effective date of this legislation, to submit a sworn statement to
ADWR in which the applicant agrees to reduce the remaining volume of
groundwater reserved by the analysis by 15 percent after the Director of ADWR
grants a Certificate.
3.
Requires the Director of ADWR, if the Director receives an outlined
sworn statement, to grant the applicant a Certificate.
4.
Requires the Director of ADWR, for each new Certificate issued in
reliance on an outlined analysis of assured water supply, to issue the
Certificate using the water demand assumption in use by the Director of ADWR
when the application for a Certificate was submitted.
5.
Requires the analysis, when a Certificate is issued, to be reduced by
the volume of groundwater using the same water demand assumption the Director
of ADWR used when the analysis was originally issued.
6.
Requires the difference in volume between the water demand assumption
the Director of ADWR used when the application for a Certificate is first
submitted and the water demand assumptions used to issue the original analysis
to remain physically available for further subdivision development in the
service area of the designated provider serving the analysis land.
7.
Defines
analysis
as a determination by the Director of ADWR that
one or more criteria required for a Certificate have been demonstrated for a
development.
8.
Becomes effective on signature of the Governor, if the emergency clause
is enacted.
Prepared by Senate Research
January 29, 2026
SB/NRG/hk
Current Bill Text
Read the full stored bill text
SB1288 - 572R - I Ver
REFERENCE TITLE:
assured water supply; analysis; availability
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1288
Introduced by
Senator
Dunn
AN
ACT
amending
title 45, chapter 2, article 9, Arizona Revised Statutes, by adding section 45-576.11;
relating to the groundwater code.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 45, chapter 2, article 9,
Arizona Revised Statutes, is amended by adding section 45-576.11, to read:
START_STATUTE
45-576.11.
Assured water supply; analysis; physical availability; definition
A. For the purposes of issuing a
certificate of assured water supply under rules adopted by the director
pursuant to section 45-576, subsection H, the director shall accept an
analysis
or physical AVAILABILITY determination
as a valid demonstration of physical
availability for the volume of groundwater stated in the analysis
or physical availability determination, after reducing the volume of
groundwater stated in the analysis
OR PHYSICAL
AVAILABILITY DETERMINATION
by
the amount of groundwater represented by all certificates of assured water
supply issued in reliance on the analysis
OR PHYSICAL
AVAILABILITY DETERMINATION, if all of the following apply:
1. The director issued the analysis
OR PHYSICAL AVAILABILITY DETERMINATION on or before May 31, 2023.
2. The analysis
OR PHYSICAL AVAILABILITY DETERMINATION includes a determination of
physical availability of groundwater.
B. After the effective date of this
section, an applicant for a certificate of assured water supply that holds an
analysis as prescribed by subsection A of this section may submit a sworn
statement to the department in which the applicant agrees to reduce the
remaining volume of groundwater reserved by the analysis by fifteen percent
after the director grants a certificate of assured water supply. If
the director receives a sworn statement pursuant to this subsection, the
director shall grant the applicant a certificate of assured water supply.
C. For each new certificate of
assured water supply issued in reliance on an analysis as provided in
subsection A of this section, the director shall issue the certificate using
the water demand assumption in use by the director when the application for a
certificate was submitted.� When a certificate is issued, the analysis shall be
reduced by the volume of groundwater using the same water demand assumption the
director used when the analysis was originally issued. The
difference in volume between the water demand assumption the director used when
the application for a certificate is first submitted and the water demand
assumptions used to issue the original analysis shall remain physically
available for further subdivision development in the service area of the
designated provider serving the analysis land.
D. For
the purposes of this section, "analysis" means a determination by the
director pursuant to rules adopted by the director that one or more criteria
required for a certificate of assured water supply have been demonstrated for a
development.
END_STATUTE
Sec. 2.
Emergency
This
act is an emergency measure that is necessary to preserve the public peace,
health or safety and is operative immediately as provided by law.