Arizona Department of Water Resources
3550 North Central Ave. Phoenix, AZ 85012
Janet Napolitano, Governor Herb Guenther, Director
(602) 771-8500
www.azwater.gov
For immediate release September 7, 2007
NEWS RELEASE
Public Information Office (602) 771 8430


ADWR to hold statewide “water adequacy” workshops


Focus on new laws covering water supply requirements for development

The Arizona Department of Water Resources will hold a series of public workshops during the next four weeks to explain what the Legislature did to provide new authority to local officials seeking to control development in their areas.

"We believe communities should take control of their water futures and determine how and if they will grow," said ADWR Director Herb Guenther. "This law gives them the chance to manage their own destinies. Now it’s up to them to make it happen.

“Securing a community’s future depends on making sure there is enough water to support it.”

Under terms of Senate Bill 1575, county supervisors in rural Arizona may adopt ordinances requiring developers of new subdivisions to obtain a finding of “adequate water supply” from ADWR before receiving approval of their plans. Currently, local governments lack the authority to block a development for lack of sufficient water.

The county board of supervisors must vote unanimously in favor of acquiring this authority. In qualifying counties that do not adopt an adequacy requirement, a city or town may adopt an adequate water supply requirement for new subdivisions.

An “adequate water supply” means a developer has shown he has:

  • • Sufficient groundwater, surface water or effluent of adequate quality that will be continuously, legally and physically available to satisfy water needs of the proposed use for at least 100 years; and
  • • The financial capability to make the supply of water available for the proposed use.

A schedule for the workshops and a summary of the law are attached below.

For additional information, contact:

Jack Lavelle Public Information Officer 602 771-8430 jrlavelle@azwater.gov

Water Adequacy Amendments (S.B. 1575) – Chapter 240

Authorizes a county board of supervisors for counties located outside active management areas to adopt, by unanimous vote, an adequate water supply ordinance to require that any new subdivision have an adequate water supply in order to receive plat approval. In qualifying counties that do not adopt an adequacy requirement, a city or town may adopt an adequate water supply requirement for new subdivisions.

The Director of ADWR is responsible for determining whether the subdivision has an adequate water supply or if any of the following exemptions apply:

  • 1) A developer has already made a substantial capital investment in the subdivision without an adequate water supply designation (this exemption expires after five years, unless a home in the subdivision is sold or the Director extends the exemption.)
  • 2) Projects are not yet completed or Colorado River water rights are not available for the subdivision, but will be within 20 years; and
  • 3) Water has to be hauled to homes in the subdivision by train or vehicle.

Exemptions must be noted on the face of the plat and all promotional material if they apply.

Establishes notice and notification requirements, including a requirement for a deed to state that the water supply is inadequate and is hauled by vehicle or train.

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