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Arizona Department of Water Resources Laws and Rules
Moratorium on rulemaking
Governor Jan Brewer has instituted a moratorium on all rulemaking activities by state agencies to give her appointees an opportunity to review any new or pending rules.
Governor Brewer issued a directive to all agency directors instructing them to take no further action on rulemaking pending this review.
The directive is effective until April 30, 2009. To comply, the Department is suspending all rulemaking activities.
CERTIFICATION OF ADEQUATE WATER SUPPLY - CHANGES - SENATE BILL 1575
On November 26th, 2008, the Department submitted to the Office of the Secretary of State, a Notice of Proposed Rulemaking, proposing to amend the Assured and Adequate Water Supply Rules as required by SB 1575, enacted in the 2007 legislative session.
Background
In 2007 the legislature passed SB 1575 which among other things, provides clear authority for cities, towns and counties to adopt an ordinance requiring new subdivisions to obtain from the Arizona Department of Water Resources (Department) a determination of an adequate 100-year water supply in order to obtain final plat approval from the local platting authority. As a result, the Department is in the process of amending its existing Adequate Water Supply Rules as required by SB 1575.
Completion of the Informal Rule Making Process
ADWR completed a series of statewide informal stakeholder meetings as part of the public process to form consensus around changes to the water adequacy rules. Beginning in February of 2008 and completed in November of 2008 the Department held over 20 informal stakeholder meetings in various locations across the state.
In addition to input at the informal stakeholder meetings, the public had an opportunity to submit written comments about the draft rules. The deadline for written informal public comments was August 15, 2008. The Department completed its review of the informal public comments, and made several changes to the draft rule as originally proposed as a result. On November 5, 2008 the Department provided a summary of comments and responses and amended DRAFT Rule Language.
November 5, 2008 Release 
Initiation of the Formal Rule Making Process
On November 26th, 2008, the Department submitted to the Office of the Secretary of State, a Notice of Proposed Rulemaking, proposing to amend the Assured and Adequate Water Supply Rules (A.A.C. R12-15-701, et seq.), as required by SB 1575. The Department requested that the Notice of Proposed Rulemaking be published in the Arizona Administrative Register on December 19, 2008.
The Department will accept public comment on the proposed rules at the following date and place:
DATE: January 21, 2009
TIME: 1:00 p.m.
PLACE: Arizona Department of Water Resources
3550 North Central Avenue
Second Floor, Verde Conference Rooms
Phoenix, Arizona 85012
Written comments will be accepted until January 21, 2009, at 5:00 p.m. Written comments should be addressed to:
NAME: Kathleen Donoghue, Docket Supervisor
ADDRESS: Arizona Department of Water Resources
3550 North Central Avenue
Phoenix, Arizona 85012
TELEPHONE: (602) 771-8472
FAX: (602) 771-8683
Email: kadonoghue@azwater.gov
For questions regarding the rulemaking, please contact:
NAME: Doug Dunham, Deputy Assistant Director
ADDRESS: Arizona Department of Water Resources
3550 North Central Avenue
Phoenix, Arizona 85012
EMAIL: dwdunham@azwater.gov
For your information, below is a copy of the letter from the Department along with the Notice of Proposed Rule Making (This is not the OFFICIAL Version), that has been submitted to the Secretary of State. Please note the official Notice of Rule Making has been published in the Arizona Administrative Register , you can access the OFFICIAL VERSION by visiting the Secretary of State's website. (link will start on page 3 of the pdf)
Letter from Department
Notice of Proposed Rule Making
Modifications to the Hydrologic Guidelines
Governor Jan Brewer has instituted a moratorium on all rulemaking activities by state agencies in order to give her appointees an opportunity to review any new or pending rules. Therefore the Substantive Policy Statement on Hydrologic Guidelines has been suspended.
Transportation of Groundwater
This notice informs the public that the Department of Water Resources (ADWR) is currently reviewing the public comments submitted for the new proposed rules for interbasin groundwater transportation in certain areas of the state. As part of this informal process, ADWR has made written public comments available for review click here.
Click here to view the draft rules updated June 18, 2008.
The public have an opportunity to submit written comments about the new proposed rules for interbasin groundwater transportation in certain areas of the state. Comments may be directed to the Arizona Department of Water Resources, 3550 North Central Avenue, Phoenix, Arizona 85012 Attn: Doug Dunham, Deputy Assistant Director, or through the e-mail comment click here. The deadline for public comments will be the close of business, August 15, 2008.
-For questions or comments, or if you wish to be added to e-mail list sign-up click here.
Santa Cruz Active Management Area - Assured Water Supply Rules
The Department announces the modification of the assured water supply rules for the Santa Cruz Active Management Area (SCAMA). The rule modification process was initiated in 2007 with the formation of a stakeholders group. Multiple meetings were held with various stakeholders in the SCAMA to discuss potential modifications to the rules. A copy of the draft rules is available here.
The Department asked the stakeholder group and interested parties to submit written comments to the Department in late 2007. The summary of the comments are posted here for review. The Department will also be providing responses to the comments. The Department anticipates holding another stakeholder meeting to discuss the draft rules, comments, and Department responses in late October. Schedule and agenda will be posted here.
-For questions or comments, or if you wish to be added to e-mail list sign-up click here.
Current Rulemaking Proceedings at the Arizona Department of
Water Resources
Management Plan Development and Modification
Third Management Plan – Second
Modification
Transcripts of Public Hearings, Summary of Hearings and Findings, Orders of Adoption and Modification Language –On January 9, 2008, the Director issued orders promulgating proposed modifications to the Third Management Plans for the purpose of adding a modified Non-Per Capita Conservation Program. Public hearings on the proposed modifications were held in Phoenix, Casa Grande, Prescott, Nogales and Tucson during the first week of March, 2008. On April 1, 2008, the Director issued a summary of the hearings and findings with respect to the matters considered during the hearings (“Summary of Hearings and Findings”). In the Summary of Hearings and Findings, the Director indicated that two changes would be made to the proposed modifications in response to comments received during the public hearings. On April 1, 2008, the Director issued orders adopting the proposed modifications with the changes described in the Summary of Hearings and Findings.
To view the Summary of Hearings and Findings, click here. To view the transcript of public hearing, Order of Adoption and modification language for each AMA, click on the appropriate link below:
Phoenix AMA – Transcript of Public Hearing  , Order of Adoption , Modification Language
Pinal AMA – Transcript of Public Hearing , Order of Adoption , Modification Language
Prescott AMA – Transcript of Public Hearing , Order of Adoption , Modification Language
Santa Cruz AMA – Transcript of Public Hearing , Order of Adoption , Modification Language
Tucson AMA – Transcript of Public Hearing , Order of Adoption , Modification Language
Arizona Laws and Rules
Arizona Revised Statutes
All Arizona Rules
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