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Water Issues County Supervisors Association

Water Issues County Supervisors Association. Herb Guenther. ADWR. February 15, 2007. Arizona Water Supply Annual Water Budget. 8.1 maf. Consumption. Sources: ADWR, UofA, USGS. Water Rights in Arizona. Arizona water belongs to all the people of Arizona

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Water Issues County Supervisors Association

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  1. Water IssuesCounty Supervisors Association Herb Guenther ADWR February 15, 2007

  2. Arizona Water SupplyAnnual Water Budget 8.1 maf

  3. Consumption Sources: ADWR, UofA, USGS

  4. Water Rights in Arizona • Arizona water belongs to all the people of Arizona • Individuals get a right to use the water (usufructuary) as long as they put it to beneficial use, but they don’t own the water.

  5. Water Rights in Arizona Surface Water • Appropriated You need to apply to ADWR for a right to use the water • If the proposed use does not conflict with existing rights, pose a menace to public safety or violate the public interest or welfare, ADWR will issue a certificate of water right • Priority of the right to use the water is based on the “Doctrine of Prior Appropriation” …….. first in time, first in right • An appropriated right is an exclusive right • Without an appropriation you can not use or impound surface water

  6. Water Rights in Arizona Groundwater • Groundwater is not appropriated in Arizona • Any landowner can establish a small well (pumping less than 35 gpm) on his private property [ limitations apply in Active Management Areas (AMAs)] • The land owner has the right to withdraw a reasonable amount of groundwater from his well to use for beneficial purposes (limitations apply in AMAs) • But the landowner does not enjoy an exclusive right to the groundwater

  7. 1980Groundwater Management Act • Legal Battles Over Rights to Water • Political Efforts to Realize Completion of the CAP • Overdrafting of Groundwater Supplies

  8. Water Management Areas Prescott AMA goal: safe-yield by 2025 Joseph City INA: No new irrigated lands Harquahala INA: No new irrigated lands Phoenix AMA goal: safe-yield by 2025 Pinal AMA goals:- allow development of non-irrigation uses- preserve agriculture as long as feasible Tucson AMA goal: safe-yield by 2025 Santa Cruz AMA goal:- maintain safe-yield- prevent decline of water table Douglas INA: No new irrigated lands

  9. Water Requirement for Developers Must Demonstrate Water Supply Within Active Management Areas: • Assured water supply Outside Active Management Areas: • Adequate water supply

  10. 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

  11. 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

  12. Concerns • Developer with a determination of inadequate water can still develop • An inadequate developer can pump the adequate water from under an adequate developer • Both adequate and inadequate developers can mine groundwater • What happens after 100 years when the groundwater is gone ?

  13. Critical Areas of Concern • Mohave County – extensive development planned - limited capacity GW basins with little recharge – need imported water • Verde Valley – continued growth – limited water availability – significant environmental resources – competing interests – senior surface water rights out of area – need imported water • Upper San Pedro – significant environmental resources – sustainable yield goal – continued growth – Arizona’s largest military installation – need imported water • Mogollon Rim and Coconino Plateau – limited groundwater – significant growth – need imported water – very expensive alternatives

  14. Water Management Areas Prescott AMA goal: safe-yield by 2025 Joseph City INA: No new irrigated lands Harquahala INA: No new irrigated lands Phoenix AMA goal: safe-yield by 2025 Pinal AMA goals:- allow development of non-irrigation uses- preserve agriculture as long as feasible Tucson AMA goal: safe-yield by 2025 Santa Cruz AMA goal:- maintain safe-yield- prevent decline of water table Douglas INA: No new irrigated lands

  15. Rural Water Management Areas - Concept • Special management areas designed by local partnerships • Local partnerships establish goals and select from an array of tools to accomplish goals • Implemented by special districts locally created and administered • Water supply management and augmentation funded by combination of local taxes, bonds and low interest loans or grants • ADWR provides technical support and oversight

  16. Rural Water Management Areas - Concept • Rump group of inclusive stakeholders and water interests (SWAG) design the process and possible legislation. • Input from rural stakeholders and rural citizens on draft proposals

  17. 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

  18. October 2006 Safford Eagar Snowflake Benson Sierra Vista Flagstaff Kingman Prescott Cottonwood Payson February 2007 Phoenix Tucson Window Rock Yuma Public Meetings

  19. Water Adequacy: Local AuthoritySponsors – SB 1575 Sen. M. Arzberger HB 2693 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

  20. Water Supply Development FundSponsors – SB 1577 Sen. M. ArzbergerHB2692 Rep. L. Mason 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 SWAG Legislation

  21. Well Impacts; ContaminationSponsors – SB 1638 Sen. M. ArzbergerHB 2484 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

  22. Working with all the Basin States to minimize the possibility of LowerDivision shortages and a “Compact Call” on the Upper Division by exploring: Augmenting the water in the Colorado River Conjunctively managing Lakes Mead and Powell Reducing the waste of Colorado River water

  23. 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

  24. 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

  25. HJR 2001 and SJR 1001 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

  26. First Time In 84 Years All 7 Basin States Agree On Major Colorado River Issues

  27. Arizona Navy Lower Basin No - Fly Zone ADWR

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