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New Laws, New Water Policy
- The 1995 Arizona legislative session is history. A number of laws
were passed that will affect water resources management in the state.
Following are brief descriptions of recent water-related legislative
actions.
- House Bill 2276 amends the surface water adjudication code. A main
intent of the bill is to define "de minimis" water users or users
who use small amounts of water. The bill provides summary adjudication
for such water users to relieve them of involvement in the costly
and prolonged court battle over the water rights in the Gila and Little
Colorado river systems. An emergency clause in the bill put it into
effect immediately upon the governor's signature on March 17.
- More specifically, the bill requires that de minimis stockponds,
defined as those of 15 acre-feet or less, be summarily adjudicated.
Also, the bill provides for the summary adjudication of "domestic
uses." Such uses are defined as a single appropriation that serves
no more than three residences, with outside irrigation limited to
no more than one-half acre. Domestic uses are to be summarily adjudicated
at a quantity of three acre-feet a year per residential connection.
- "Small business use" is defined as a single appropriation serving
one business including one-half acre of outside irrigation and a total
quantity of no more than three acre-feet a year. Also the bill requires
summary adjudication of "stockwatering uses" with reasonable use not
to exceed one acre-foot a year.
- House Bill 2276 also narrows the court's assignment and introduces
procedural changes to streamline the adjudication process. Further,
it designated the superior court, not the supreme court, to appoint
a special master for the proceedings. HB 2276 also establishes a permanent
joint legislative committee to monitor the general stream adjudication
and its funding.
- The bill sparked a flurry of legal maneuvering to test its constitutionality
and resolve other legal question the legislation raised. In response
to requests, Superior Court Judge Susan Bolton ordered a stay of most
Gila River adjudication activities until June 2 when she has scheduled
a hearing.
- Other changes to the surface water code resulted from passage of
House Bill 2193, signed by Governor Symington on April 19. This bill
defines stockwatering, stockpond, and domestic water rights as connected
to both federal and state public lands. The bill assigns state-based
water rights, in the case of state and federal leases, to the appropriator
of the water -- frequently a rancher or farmer.
- Further, water certificates are to be issued to the state of Arizona,
unless stockwatering, stockpond, and domestic water use is in connection
with a ranch or farm. In such cases, water certificates will be issued
in the name of the lease holder who perfected the water right. The
bill also requires that the permission of the state land commissioner
be obtained before rights established under the ranch and farm exemption
are transferred from the public land.
- In other action, Senate Bill 2196 repealed a 1986 law that allowed
citizens to sue polluters if state environmental officials refused
to enforce anti-pollution laws. The repealed law is replaced with
a provision that permits individuals to directly sue the Arizona Department
of Environmental Quality (ADEQ). Although only several suits resulted
from the 1986 law, Rusty Bower, the sponsor or SB 2196, said the business
community feared dealing with four million "vigilantes."
- House Bill 2319 allows the governor to dismiss members of various
boards and commissions without cause. Arizona law previously allowed
most board and commission members to serve a fixed term, with removal
only for just cause, such as misconduct. The new law permits a governor
to remove only his appointees without cause, not those of a predecessor.
- Critics charge that Governor Symington supported the bill to discipline
the state Game and Fish Department. The department's goal of maintaining
habitat for wildlife at times set the agency in conflict with business
and ranching interest pushing their land use plans. The governor denies
the allegation saying the bill allows him to ensure that he has a
more supportive team. An unlikely coalition of hunting and environmental
groups are circulating a petition to invalidate House Bill 2319.
- Environmental education took a beating this legislative session.
The Legislature rescinded Arizona's environmental education mandate.
Environmental education is no longer a required subject, and if a
school district chooses to provide it, certain directives must be
followed. For example, the program must be based on the most current
scientific data and must address economic and social implications
of environmental education.
- Further, funds derived from the sale of Arizona environmental plates
no longer will go to the Arizona Department of Education to support
environmental education. Instead, up to half will be allocated to
the Natural Resource Conservation District education centers, with
the other half available to schools in the form of grants to teach
environmental education.
- Senate Bills 1203 and 1249, which assist small communities and
new developments in constructing wastewater treatment facilities,
were supported by ADEQ. SB 1203 expands the definition of who can
participate in the State Revolving Fund (SRF) for wastewater treatment
projects so that small and medium-sized rural communities can more
easily participate.
- The SRF was established in 1989 as part of the Wastewater Management
Authority of Arizona to use federal grant monies and local revenues
t make low-cost loans to certain qualified Arizona political subdivisions
for wastewater treatment projects. The Wastewater Management Authority
issues bonds, which are repaid to the SRF over a period of up to 20
years. The bill generated support as both an environmental measure
and an economic development initiative.
- SB 1249 addresses concerns of municipalities and developers over
delays in ADEQ review of on-site wastewater projects. Historically,
the problem has been associated with housing booms. The bill deals
with the fluctuations in demand for review and approval of on-site
wastewater projects by allowing the ADEQ director to use private sector
inspectors. The bill also offers developers and others the option
of paying for an expedited review of their wastewater treatment plans.
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