—Alan Dulaney
In last month’s column, the discussion was about the major bills concerning water that have been introduced in the current legislative session. But these bills are by no means the only water-related changes to statute that have been proposed. The list is exhaustively long, as almost 40 bills (by one count) have been dropped.
Describing every bill in detail would require multiple columns, and many of these bills are relatively minor technical changes to clarify definitions or keep programs (and agencies) working. One of the best places to look at a quick summary of water-related legislation in both the House and Senate is the website of the Arizona Municipal Water Users Association.
Central Arizona Project also follows proposed legislation, but doesn’t offer descriptions of each bill on their website. Minutes from the Board of Directors meetings often offer insights into how CAP is thinking about various proposals, however, and descriptions of the spirited discussions that can result are interesting. For the minutes from the last Board meeting on February 6 that encapsulate those discussions (and provide the exact statutory language for major bills), download the accompanying packet. CAP has a direct interest in all matters relating to Colorado River water, and is always involved in discussions about system conservation, transfers of water from the river to their three-county service area, and other matters that garner legislative attention.
Salt River Project also tracks proposed legislation, but information about specific bills is not included on their website. From discussions at AMWUA, it is clear that SRP is concerned about HB 2672, which affects senior vs junior surface water rights and the general stream adjudication process which has been ongoing for over 40 years. SRP apparently opposes HB 2672 “because it may upend the prior appropriation doctrine for surface water by shifting the burden of proof to senior water right holders to demonstrate whether junior water right holders are impacting their senior rights.” Extending the adjudications another few decades while the constitutionality of such a statute change really isn’t going to help clarify water rights for anyone in Arizona.
One of the most notable aspects of the current legislative session is the lack of consensus on what water-related bills to push through. After the passage of the enabling legislation for the Drought Contingency Plan in January 2019, everyone thought that there was “momentum” to address outstanding water issues across the entire state, especially in rural Arizona. Well, nothing works better than politics to wipe out momentum, and it now looks like the political will to address growing problems of declining water resources in rural Arizona will not be forthcoming in this session. Issues such as the applicability of the Water Adequacy Program, reporting of groundwater pumpage information, over- pumping, and surface water rights will all have to be faced down the road.