SB1114 creates a new statutory rule for Arizona’s assured water supply program, which is part of the state’s groundwater code. The bill requires the director of the Arizona Department of Water Resources to accept certain preexisting “analysis” or physical availability determinations as valid proof of groundwater availability when issuing certificates of assured water supply, so long as the analysis was issued on or before May 31, 2023 and included a physical availability determination. Before the full amount of groundwater in that analysis can be relied on, the director must reduce the credited volume by the amount already tied to certificates issued under that analysis.
The bill also allows an applicant holding one of these qualifying analyses to submit a sworn statement agreeing to reduce the remaining reserved groundwater by 15 percent after receiving a certificate. If the sworn statement is filed, the director must grant the certificate of assured water supply. In addition, the bill directs the director to use the water-demand assumptions in effect when the application was submitted, and to adjust the analysis accordingly when certificates are issued. It defines “analysis” for purposes of the section and makes the act an emergency measure, meaning it takes effect immediately upon enactment.
Impact
SB1114 would affect Arizona water law by changing how the Department of Water Resources counts and reuses older assured water supply analyses for development projects in groundwater-managed areas. It creates a pathway for additional certificates of assured water supply to be issued based on pre-May 31, 2023 analyses, while reducing the remaining groundwater volume reserved by those analyses and preserving some groundwater availability for further subdivision development. The bill primarily affects developers, designated water providers, and applicants seeking assured water supply certificates, and it may influence how much groundwater can be allocated to new projects under existing analyses.
Sentiment
The bill appears to have received mixed but generally workable support, advancing through committee and floor votes despite some opposition. It passed the Senate Natural Resources Committee and House Natural Resources, Energy & Water Committee by 5-3 votes, moved through Rules, and passed the Senate on third reading 17-12, suggesting meaningful support but not broad consensus. The emergency clause indicates proponents viewed the measure as time-sensitive and important to implement quickly.
Contention
The main point of contention is likely the bill’s effect on groundwater accounting and development rights. Supporters appear to favor preserving the usability of older assured water supply analyses and allowing projects to proceed under existing water-demand assumptions, while opponents may view the bill as easing water-supply restrictions or extending the life of older groundwater reservations. The 15 percent reduction requirement and the cutoff date of May 31, 2023 suggest an attempt to balance development interests with conservation concerns, but the vote margins indicate disagreement over whether the bill appropriately protects long-term groundwater supplies.