Arizona Lawmakers Ease Groundwater Restrictions

Environmental Law, Regs, Litigation, State & Federal

Date posted: 02/09/16

Will Stone reports that Arizona State Senate Committee of Water and Energy approved legislation that would roll back a 2007 law that gave counties the power to require developers to get a state certificate proving an adequate 100-year water supply before building. Cities and towns in rural Arizona could have fewer restrictions on how much water is needed before a subdivision is built. The Senate Committee on Water and Energy approved legislation that would roll back groundwater requirements in counties outside the swath of central Arizona where groundwater is regulated. In 2007 state lawmakers passed a bill that gave counties the power, if they chose, to require developers get a state certificate proving an adequate 100-year water supply before building. So far, Cochise and Yuma are the only counties to take advantage of that legislation and adopt such a law. But cities and towns within those counties, like Sierra Vista, Benson and Douglas, want out. The county has usurped our authority, said Sierra Vista Mayor Rick Mueller to lawmakers while testifying in favor of the bill advanced by Republican Senator and Committee Chairwoman Gail Griffin. Mueller said the legislation has removed the city council ability to exercise local control on planning issues. Please restore our authority to develop our environmental and economic future for our community, Mueller said. He added that his city has been proactive on water issues and currently has a 100-year water supply. Ultimately the Senate committee agreed with Mueller and voted in favor of the bill, which lets cities in counties with this groundwater rule opt out. But some worry eliminating this requirement contradicts the AZ current effort to preserve its aquifers, including Democratic Senator Lynne Pancrazi of Yuma. If anything needs to be regulated from the state-down, I think it needs to be water, said Pancrazi as she cast one of the only no votes.