HCR 2039 Arizona House · 57th Legislature - First Regular Session

assured water supply; legislative intent

HCR 2039 is a procedural resolution expressing the Arizona Legislature's opposition to a proposed rule by the Arizona Department of Water Resources (ADWR). It states that ADWR's August 2024 rule - which sought to require applicants for assured water supply certificates to demonstrate more water than legally required, deny permits based on well depth or "unmet demand," or restrict water source combinations - is contrary to the 1980 Groundwater Management Act and its legislative intent. The resolution specifically prohibits ADWR from requiring applicants to show more water than needed for their proposed use over 100 years or denying permits based on factors like groundwater availability in other districts. It directly affects water applicants and ADWR by affirming existing statutory limits on the department's authority. As a concurrent resolution, it does not change law but declares the proposed rule invalid.
Bill status passed both 4 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
House Passage
Feb 2025
Senate Passage
May 2025
Governor
Introduced Jan 21, 2025 Last action May 7, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version House Engrossed Version · 3 edits · May 6, 2025
MINOR
The House Engrossed Version adds new substantive provisions to the bill that were not in the Introduced Version. Most notably, it adds a new resolution clause (Section 3) requiring the Director of Water Resources to calculate the maximum volume of groundwater deemed 'continuously available' when groundwater is part of an application. It also adds a new Section 4 stating that if an application meets the Act's requirements and the resolution's intent, the Director has no authority to deny or withhold the certificate. These changes expand the bill's scope from simply opposing certain policies to actively directing how the Department must evaluate applications.
Scope change
The bill's scope expanded from opposing specific policies to including new directives on how the Department of Water Resources must evaluate and process applications for assured water supply certificates.
REQUIREMENT

Added Section 3 requiring the Director to ascertain the maximum volume of groundwater deemed 'continuously available' when an applicant relies on groundwater for their proposed use.

Added Section 2(b)(iii) to explicitly oppose denials based on 'other users' well depth or unmet demand' if the applicant has sufficient water to meet their own needs.

ENFORCEMENT

Added Section 4 stating that if an application meets the 1980 Groundwater Management Act and this resolution's intent, the Director has no authority to deny or withhold the certificate.

Floor votes · House Feb 26, 2025

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
13
Key actions
5
Committee
2
May 6, 2025
Upper · Passed
PASSED
upper
Apr 24, 2025
Upper · Passed
DP
upper
Mar 25, 2025
Upper · Passed
DP
upper
Feb 26, 2025
Lower · Passed
PASSED
lower
Feb 14, 2025
Lower · Passed
DP
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Gail Griffin
Gail Griffin
RRepublican
AZ
19