45-108

45-108. Evaluation of subdivision water supply;
definition

(L07, Ch. 75, sec. 1 & Ch. 240, sec. 8. Eff. until 10/1/11)

A. In areas outside of active management areas established pursuant to chapter 2,
article 2 of this title, the developer of a proposed subdivision including dry lot
subdivisions, regardless of subdivided lot size, prior to recordation of the plat, shall
submit plans for the water supply for the subdivision and demonstrate the adequacy of the
water supply to meet the needs projected by the developer to the director. The director
shall evaluate the plans and issue a report on the plans.

B. The director shall evaluate the proposed source of water for the subdivision to
determine whether there is an adequate water supply for the subdivision, and shall
forward a copy of the director's report to the state real estate commissioner and the
city, town or county responsible for platting the subdivision.

C. The director may designate cities, towns and private water companies as having
an adequate water supply by reporting that designation to the water department of the
city or town or private water company and the state real estate commissioner.

D. As an alternative to designation under subsection C, the director may designate
a city or town that has entered into a contract with the United States secretary of the
interior or a county water authority established pursuant to chapter 13 of this title for
permanent supplies of Colorado river water for municipal and industrial use as having an
adequate water supply if all of the following apply:

1. The city or town has entered into a contract with each private water company
that serves water within the city or town to provide Colorado river water to those
private water companies.

2. The Colorado river water for which the city or town has contracted is sufficient
together with other water supplies available to the city or town and the private water
companies that serve water within that city or town to provide an adequate supply of
water for the city or town.

3. The director finds that new subdivisions within the city or town will be served
primarily with Colorado river water by the city or town or one of the private water
companies that serve water within that city or town.

E. The director shall not require a developer to submit plans for the water supply
pursuant to subsection A if either:

1. Both of the following apply:

(a) The developer has obtained a written commitment of water service from cities,
towns or private water companies that have been designated as having an adequate water
supply.

(b) That city, town or private water company has been designated as having an
adequate water supply pursuant to subsection C.

2. All of the following apply:

(a) The city or town has been designated as having an adequate water supply
pursuant to subsection D.

(b) The developer has obtained a written commitment of water service from the city
or town or a private water company that serves water within that city or town.

F. The director may revoke a designation made pursuant to this section when the
director finds that the water supply may become inadequate.

G. The state of Arizona and the director or department shall not be liable for any
report, designation or evaluation prepared in good faith pursuant to this section.

H. If the director receives written notice from the board of supervisors of a
county that it has adopted the provision authorized by section 11-806.01, subsection F,
the director shall give written notice of the provision to the mayors of all cities and
towns in the county. A city or town that receives the notice shall comply with section
9-463.01, subsections J, K, L, M and N.

I. For the purposes of this section, "adequate water supply" means both of the
following:

1. Sufficient groundwater, surface water or effluent of adequate quality will be
continuously, legally and physically available to satisfy the water needs of the proposed
use for at least one hundred years.

2. The financial capability has been demonstrated to construct the water facilities
necessary to make the supply of water available for the proposed use, including a
delivery system and any storage facilities or treatment works. The director may accept
evidence of the construction assurances required by section 9-463.01, 11-806.01 or
32-2181 to satisfy this requirement.