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

2. Arizona Water Supply Annual Water Budget Water Source Million Acre-Feet (maf) % of Total SURFACE WATER Colorado River 2.8 35.6 % CAP1.620% On-River1.216% In-State Rivers 1.417.8% Salt-Verde Salt-Verde1.013% Gila & others Gila & others0.45% GROUNDWATER2.936.8% RECLAIMED WATER 1.0 9.8% 9.8% Total 8.1 maf 8.1 maf

3. Sources: ADWR, UofA, USGSConsumption

4. Water Rights in Arizona Arizona water belongs to all the people of ArizonaArizona 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.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 waterAppropriated 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 rightIf 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” ……..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 rightAn appropriated right is an exclusive right Without an appropriation you can not use or impound surface waterWithout an appropriation you can not use or impound surface water

6. Water Rights in Arizona Groundwater Groundwater is not appropriated in ArizonaGroundwater 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)]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)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 groundwaterBut the landowner does not enjoy an exclusive right to the groundwater

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

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

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

10. Assured Supply – within AMAs Developer must show 100 year supply before recording plats or selling parcelsDeveloper must show 100 year supply before recording plats or selling parcels 100 year supply must be physically, legally and continuously available100 year supply must be physically, legally and continuously available Without a 100 year supply, no subdivision is authorizedWithout a 100 year supply, no subdivision is authorized How to prove 100 year supply:How to prove 100 year supply: Obtain Certificate of Assured Water SupplyObtain Certificate of Assured Water Supply Commitment of service from Designated ProviderCommitment of service from Designated Provider Assured Water Supply

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 availabilityADWR must receive a hydrology report describing availability Water must be of adequate quantity and quality that is: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, orWater availability concurrence from ADWR, or Commitment of service by a Designated ProviderCommitment of service by a Designated Provider –If not adequate: Developer must disclose inadequacy only to initial buyersDeveloper must disclose inadequacy only to initial buyers

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

14. Critical Areas of Concern Mohave County – extensive development planned - limited capacity GW basins with little recharge – need imported waterMohave 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 waterVerde 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 waterUpper 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 alternativesMogollon Rim and Coconino Plateau – limited groundwater – significant growth – need imported water – very expensive alternatives

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

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

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

18. Statewide Water Advisory Group SWAG PurposePurpose −Define rural water issues −Gather input from stakeholders Cities, towns, counties, large industries, advocacy groups, legislators & the publicCities, towns, counties, large industries, advocacy groups, legislators & the public −Propose solutions ProcessProcess −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 ProductProduct −List of issues −Straw proposal −Potential legislation

19. Public Meetings October 2006 SaffordEagarSnowflakeBenson Sierra Vista FlagstaffKingmanPrescottCottonwoodPayson February 2007 PhoenixTucson Window Rock Yuma

20. Water Adequacy: Local Authority Sponsors – SB 1575 Sen. M. Arzberger HB 2693 Rep. L. Mason Counties may adopt authority to deny development applications that do not have an adequate water supply determination from ADWRCounties 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 ordinancesIf county does not adopt adequacy provision, municipalities may adopt adequacy ordinances If county adopts adequacy provision, municipalities within that county must adopt adequacy ordinancesIf county adopts adequacy provision, municipalities within that county must adopt adequacy ordinances Requires adequacy notice:Requires adequacy notice: –On each plat –At closing SWAG Legislation

21. Water Supply Development Fund Sponsors – SB 1577 Sen. M. Arzberger HB2692 Rep. L. Mason Creates: Fund to provide low interest loans and/or small grants to help develop new water suppliesFund 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 applicantsCommittee 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

22. Well Impacts; Contamination Sponsors – SB 1638 Sen. M. Arzberger HB 2484 Rep. L. Mason 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 wellsExtends 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:Includes: –All wells outside AMAs –Exempt wells ( <35 gpm) within AMAs SWAG Legislation

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

24. Final 7 States Agreement Conjunctive management of Lakes Mead and PowellConjunctive management of Lakes Mead and Powell Intentionally Created Surplus (ICS)Intentionally Created Surplus (ICS) Wheeling other water in Colorado River SystemWheeling other water in Colorado River System System AugmentationSystem Augmentation Staged shortages for the Lower Division StatesStaged shortages for the Lower Division States

25. 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 waterBecause 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 circumstancesADWR will need to get legislative authorization for the Director to forbear under these special circumstances

26. 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 circumstancesForbearance: Authorizes ADWR Director to forbear ordering these special types of water created & owned by other Basin states under specific circumstances NeedNeed –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

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

28. Lower Basin No - Fly Zone ADWR Arizona Navy