Arizona’s New Alternative Path to Designation of a 100-Year Assured Water Supply
Arizona recently enacted a groundbreaking law that provides an Alternative Path to Designation of a 100-Year Assured Water Supply. This Alternative Path provides additional flexibility for developers, municipalities, and water providers to secure long-term water rights, ensuring continued growth while preserving Arizona’s critical water resources.
Understanding Arizona’s Assured Water Supply Program
Arizona’s Assured Water Supply (AWS) Program, established under the 1980 Groundwater Management Act, is designed to protect the state’s groundwater resources and ensure water availability for future generations. Under the AWS Program, developments in Active Management Areas (AMAs) must demonstrate a 100-year assured water supply before obtaining approval for new subdivisions.
Developers and water providers must meet stringent requirements, including physical, legal, and continuous availability of water, as well as financial capability to deliver it. While effective, this framework posed challenges for areas with limited infrastructure or reliance on alternative water sources.
What is the Alternative Path to Designation?
The newly enacted law creates an Alternative Path to achieving a 100-year assured water supply designation. The Alternative Path is designed to streamline the process while maintaining Arizona’s rigorous water management standards. Key elements of this alternative approach include:
1. Reliance on Renewable Water Supplies – The new path emphasizes the use of renewable water resources, such as reclaimed water and surface water, reducing reliance on finite groundwater reserves.
2. Flexible Infrastructure Requirements – Developers can phase in infrastructure investments over time, allowing for more practical and cost-effective implementation.
3. Partnership Opportunities – Municipalities, private water companies, and developers can collaborate to meet water supply requirements, encouraging shared solutions and regional planning.
4. Enhanced Planning Tools – The law encourages long-term planning and incentivizes projects that incorporate water conservation technologies and sustainable practices.
Benefits of the Alternative Path to Designation
This innovative approach offers several advantages:
- Encourages Growth in Underserved Areas: Areas previously hindered by infrastructure challenges now have a clearer pathway to development.
- Supports Sustainable Development: By prioritizing renewable water sources, Arizona moves closer to long-term sustainability goals.
- Promotes Collaboration: Public-private partnerships foster cooperative strategies to meet water needs efficiently.
- Cost-Effective Solutions: Developers can phase water-related investments to better align with project timelines and financial planning.
What Is the Impact on Developers and Property Owners?
For developers, the Alternative Path reduces barriers to project approvals. It also provides incentives to integrate cutting-edge water management technologies into new developments. Property owners benefit from the increased availability of water-secure properties, enhancing value and marketability.
Moving Forward with Water Security
Arizona’s Alternative Path represents a significant step toward balancing growth with water sustainability. It recognizes the need for modernized approaches to water management while upholding the principles that have protected the state’s water resources for decades.
If you’re a developer, water provider, or property owner looking to understand how this law impacts you and your projects, contact the Dunaway Law Group at 480-702-1608 or email us at Office@DunawayLG.com. Contact us today to learn how we can assist you in navigating this new framework and securing your water supply.
The Dunaway Law Group provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice or to create a lawyer-client relationship. Readers should not act upon this information without seeking advice from professional advisers. The Firm limits its practice to the states of Arizona and New York.