Herb Herb GuentherGuentherADWRADWR

February 15, 2007February 15, 2007

Water IssuesWater IssuesCounty Supervisors County Supervisors AssociationAssociation

Arizona Water SupplyArizona Water SupplyAnnual Water BudgetAnnual Water Budget

Water SourceWater Source Million Acre-Feet Million Acre-Feet (maf)(maf)

% of Total% of Total

SURFACE SURFACE WATERWATER

Colorado RiverColorado River 2.82.8 35.6 %35.6 %CAPCAP 1.61.6 20%20%

On-RiverOn-River 1.21.2 16%16%

In-State RiversIn-State Rivers 1.41.4 17.8%17.8% Salt-VerdeSalt-Verde 1.01.0 13%13%

Gila & othersGila & others 0.40.4 5%5%

GROUNDWATEGROUNDWATERR

2.92.9 36.8%36.8%

RECLAIMED WATERRECLAIMED WATER 1.01.0 9.8%9.8%

TotalTotal

8.18.1 maf maf

Sources: ADWR, UofA, USGS

Industrial6%

(0.49 maf)

Municipal20%

(1.62 maf)

Agriculture74%

(5.99 maf)

ConsumptionConsumption

Water Rights in Water Rights in ArizonaArizona

•Arizona water belongs to all Arizona water belongs to all the people of Arizonathe people of Arizona

• Individuals get a right to use Individuals get a right to use the water (usufructuary) as the water (usufructuary) as long as they put it to beneficial long as they put it to beneficial use, but they use, but they don’t owndon’t own the the water.water.

Water Rights in Water Rights in ArizonaArizonaSurface WaterSurface Water

• AppropriatedAppropriated You need to apply to ADWR for a You need to apply to ADWR for a right to use the waterright to use the water

• If the proposed use If the proposed use does notdoes not conflict with conflict with existing rights, pose a menace to public safety existing rights, pose a menace to public safety or violate the public interest or welfare, ADWR or violate the public interest or welfare, ADWR will issue a certificate of water rightwill issue a certificate of water right

• Priority of the right to use the water is based Priority of the right to use the water is based on the “on the “Doctrine of Prior AppropriationDoctrine of Prior Appropriation” ……..” ……..first in time, first in rightfirst 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 Without an appropriation you can not use or

impound surface water impound surface water

Water Rights in Water Rights in ArizonaArizona

GroundwaterGroundwater• Groundwater is not appropriated in ArizonaGroundwater is not appropriated in Arizona• Any landowner can establish a small well Any landowner can establish a small well

(pumping less than 35 gpm) on his private (pumping less than 35 gpm) on his private property [ limitations apply in Active property [ limitations apply in Active Management Areas (AMAs)]Management Areas (AMAs)]

• The land owner has the right to withdraw a The land owner has the right to withdraw a reasonable amount of groundwater from his reasonable amount of groundwater from his well to use for beneficial purposes (limitations well to use for beneficial purposes (limitations apply in AMAs)apply in AMAs)

• But the landowner But the landowner does not does not enjoy an exclusive enjoy an exclusive right to the groundwaterright to the groundwater

19801980Groundwater Management Groundwater Management

ActAct

• Legal Battles Over Rights to WaterLegal Battles Over Rights to Water

• Political Efforts to Realize Completion Political Efforts to Realize Completion

of the CAPof the CAP

• Overdrafting of Groundwater SuppliesOverdrafting of Groundwater Supplies

Water Management Water Management AreasAreas

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 feasibleSanta Cruz AMA goal:- maintain safe-yield- prevent decline of water table

Water Requirement for Water Requirement for DevelopersDevelopers

Within Active Management Within Active Management Areas:Areas:

•AssuredAssured water water supplysupply

Outside Active Management Outside Active Management Areas:Areas:

•AdequateAdequate water water supplysupply

Must Demonstrate Water Must Demonstrate Water SupplySupply

AssuredAssured Supply – Supply – within AMAswithin AMAs

• Developer must show 100 year supply Developer must show 100 year supply before recording plats or selling before recording plats or selling parcelsparcels

• 100 year supply must be physically, 100 year supply must be physically, legally and continuously availablelegally and continuously available

• Without a 100 year supply, no Without a 100 year supply, no subdivision is authorizedsubdivision 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 Commitment of service from Designated

ProviderProvider

Assured Water SupplyAssured Water Supply

Adequate Water SupplyAdequate Water Supply

Adequate Water Supply – Adequate Water Supply – outside AMAs outside AMAs – Started 1973 as a consumer advisory Started 1973 as a consumer advisory

programprogram– Before Dept of Real Estate authorizes lot Before Dept of Real Estate authorizes lot

sales:sales:• ADWR must receive a hydrology report describing ADWR must receive a hydrology report describing

availabilityavailability• 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 physically, legally, and continuously available for 100 yearsyears

– Proving adequacy: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 If not adequatenot adequate::• Developer must disclose inadequacy only to initial buyersDeveloper must disclose inadequacy only to initial buyers

ConcernsConcerns• Developer with a determination of Developer with a determination of

inadequate water can still developinadequate water can still develop• An inadequate developer can pump An inadequate developer can pump

the adequate water from under an the adequate water from under an adequate developeradequate developer

• Both adequate and inadequate Both adequate and inadequate developers can developers can minemine groundwater groundwater

• What happens after 100 years when What happens after 100 years when the groundwater is gone ?the groundwater is gone ?

Critical Areas of Critical Areas of ConcernConcern

• Mohave CountyMohave County – extensive development planned - – extensive development planned - limited capacity GW basins with little recharge – need limited capacity GW basins with little recharge – need imported waterimported water

• Verde ValleyVerde Valley – continued growth – limited water – continued growth – limited water availability – significant environmental resources – availability – significant environmental resources – competing interests – senior surface water rights out competing interests – senior surface water rights out of area – need imported waterof area – need imported water

• Upper San PedroUpper San Pedro – significant environmental resources – significant environmental resources – sustainable yield goal – continued growth – Arizona’s – sustainable yield goal – continued growth – Arizona’s largest military installation – need imported waterlargest military installation – need imported water

• Mogollon Rim and Coconino PlateauMogollon Rim and Coconino Plateau – limited – limited groundwater – significant growth – need imported groundwater – significant growth – need imported water – very expensive alternativeswater – very expensive alternatives

Water Management Water Management AreasAreas

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 feasibleSanta Cruz AMA goal:- maintain safe-yield- prevent decline of water table

Rural Water Rural Water Management Areas - Management Areas -

ConceptConcept• Special management areas designed by local Special management areas designed by local

partnershipspartnerships• Local partnerships establish goals and select Local partnerships establish goals and select

from an array of tools to accomplish goalsfrom an array of tools to accomplish goals• Implemented by special districts locally Implemented by special districts locally

created and administered created and administered • Water supply management and Water supply management and

augmentation funded by combination of local augmentation funded by combination of local taxes, bonds and low interest loans or grantstaxes, bonds and low interest loans or grants

• ADWR provides technical support and ADWR provides technical support and oversightoversight

Rural Water Rural Water Management Areas - Management Areas -

ConceptConcept

• Rump group of inclusive stakeholders Rump group of inclusive stakeholders and water interests (SWAG) design and water interests (SWAG) design the process and possible legislation.the process and possible legislation.

• Input from rural stakeholders and Input from rural stakeholders and rural citizens on draft proposalsrural citizens on draft proposals

Statewide Water Advisory Statewide Water Advisory Group SWAGGroup SWAG

• PurposePurpose− Define rural water issuesDefine rural water issues− Gather input from stakeholdersGather input from stakeholders

• Cities, towns, counties, large industries, Cities, towns, counties, large industries, advocacy groups, legislators & the publicadvocacy groups, legislators & the public

− Propose solutionsPropose solutions

• ProcessProcess− More than 50 representatives have met More than 50 representatives have met

regularly since May 2006regularly since May 2006− Take straw proposal to statewide public Take straw proposal to statewide public

meetings for public inputmeetings for public input− Bring public input back to SWAGBring public input back to SWAG

• ProductProduct− List of issuesList of issues− Straw proposalStraw proposal− Potential legislationPotential legislation

Public MeetingsPublic MeetingsOctober 2006October 2006

SaffordSafford

EagarEagar

SnowflakeSnowflake

BensonBenson

Sierra VistaSierra Vista

FlagstaffFlagstaff

KingmanKingman

PrescottPrescott

CottonwoodCottonwood

PaysonPayson

February 2007February 2007

PhoenixPhoenix

TucsonTucson

Window RockWindow Rock

YumaYuma

Water Adequacy: Local Water Adequacy: Local AuthorityAuthority

Sponsors – SB 1575 Sen. M. Arzberger Sponsors – SB 1575 Sen. M. Arzberger HB 2693 Rep. L. MasonHB 2693 Rep. L. Mason

• Counties may adopt authority to deny Counties may adopt authority to deny development applications that do not have an development applications that do not have an adequate water supply determination from adequate water supply determination from ADWRADWR

• If county does not adopt adequacy provision, If county does not adopt adequacy provision, municipalities municipalities may may adopt adequacy ordinancesadopt adequacy ordinances

• If county adopts adequacy provision, If county adopts adequacy provision, municipalities within that county must adopt municipalities within that county must adopt adequacy ordinancesadequacy ordinances

• Requires adequacy notice:Requires adequacy notice:– On each platOn each plat– At closingAt closing

SWAG SWAG LegislationLegislation

Water Supply Development Water Supply Development FundFund

Sponsors – SB 1577 Sen. M. ArzbergerSponsors – SB 1577 Sen. M. ArzbergerHB2692 Rep. L. MasonHB2692 Rep. L. Mason

Creates: Creates: • Fund to provide low interest loans and/or Fund to provide low interest loans and/or

small grants to help develop new water small grants to help develop new water suppliessupplies

• Committee within Water Infrastructure Committee within Water Infrastructure Advisory Authority (WIFA) will screen & Advisory Authority (WIFA) will screen & select applicantsselect applicants– Applicants to the the Fund must have Applicants to the the Fund must have

adopted the adequacy requirement for loan adopted the adequacy requirement for loan or grant eligibilityor grant eligibility

SWAG SWAG LegislationLegislation

Well Impacts; Well Impacts; ContaminationContamination

Sponsors – SB 1638 Sen. M. ArzbergerSponsors – SB 1638 Sen. M. ArzbergerHB 2484 Rep. L. MasonHB 2484 Rep. L. Mason

• Extends existing prohibition against Extends existing prohibition against drilling of wells within a certain drilling of wells within a certain distance of a remedial action site if distance of a remedial action site if the new well would cause the the new well would cause the contaminant plume to impact existing contaminant plume to impact existing wellswells

• Includes:Includes:– All wells outside AMAsAll wells outside AMAs– Exempt wells ( <35 gpm) within AMAsExempt wells ( <35 gpm) within AMAs

SWAG SWAG LegislationLegislation

Working with Working with allall the Basin the Basin States to minimize the States to minimize the possibility of Lowerpossibility of Lower Division shortages and a Division shortages and a “Compact Call” on the “Compact Call” on the Upper Division by Upper Division by exploring:exploring:•Augmenting the water in the Colorado Augmenting the water in the Colorado

RiverRiver

•Conjunctively managing Lakes Mead Conjunctively managing Lakes Mead

and Powelland Powell

•Reducing the waste of Colorado River Reducing the waste of Colorado River

waterwater

Final 7 States AgreementFinal 7 States Agreement

• Conjunctive management of Conjunctive management of Lakes Mead and PowellLakes Mead and Powell

• Intentionally Created Surplus Intentionally Created Surplus (ICS)(ICS)

• Wheeling other water in Wheeling other water in Colorado River SystemColorado River System

• System AugmentationSystem Augmentation• Staged shortages for the Lower Staged shortages for the Lower

Division StatesDivision States

Final 7 States AgreementFinal 7 States Agreement

• Because the “Law of the River” does Because the “Law of the River” does not provide for non system water or not provide for non system water or ICS water, it will be necessary for ICS water, it will be necessary for the Lower Division States to forbear the Lower Division States to forbear on their use of these types of wateron their use of these types of water

• ADWR will need to get legislative ADWR will need to get legislative authorization for the Director to authorization for the Director to forbear under these special forbear under these special circumstancescircumstances

HJR 2001 and SJR 1001 for HJR 2001 and SJR 1001 for 7 Basin States Agreement7 Basin States Agreement

• ForbearanceForbearance:: Authorizes ADWR Director to forbear Authorizes ADWR Director to forbear ordering these special types of water created & ordering these special types of water created & owned by other Basin states under specific owned by other Basin states under specific circumstancescircumstances

• NeedNeed– Surplus is intentionally created by another state (Nevada or Surplus is intentionally created by another state (Nevada or

California)California)– ““Law of the River” does not recognize these types of waterLaw of the River” does not recognize these types of water– Augments supply on the RiverAugments supply on the River– Achieves comity with our neighbors on the Colorado RiverAchieves comity with our neighbors on the Colorado River– Reduces interim surplus available to other states under the Reduces interim surplus available to other states under the

Interim Surplus Guidelines (ISG)Interim Surplus Guidelines (ISG)– Reduces the frequency and magnitude of Arizona’s Reduces the frequency and magnitude of Arizona’s

shortagesshortages

First Time In First Time In 84 Years All 84 Years All

7 Basin 7 Basin States States

Agree On Agree On Major Major

Colorado Colorado River IssuesRiver Issues

Lower Basin No - Fly Lower Basin No - Fly ZoneZone

ADWRADWR

Arizona NavyArizona Navy