A state senator has failed in his attempt to let rural county supervisors vote by simple majority instead of unanimously to adopt standards allowing them to deny new developments with water supplies deemed inadequate.
Sen. Tom O’Halleran, R-Sedona, said S1403, which didn’t reach committee, would help rural areas prepare to manage water before the next economic boom begins. He said he would try to revive the legislation next year.
“I think it’s imperative we start to act sooner than later and be realistic about our water-management needs,” O’Halleran said.
In the Phoenix, Tucson and Prescott areas and in much of Pinal and Santa Cruz counties, the Arizona Department of Water Resources must confirm a 100-year assured water supply exists before a development can move forward. If the supply can’t be verified, the developer won’t be allowed to sell lots.
Outside of those five areas, subdivisions lacking 100-year adequate water supplies can move forward as long as developers disclose the information to the first buyers. Subsequent buyers don’t have to be informed.
A law that took effect last year lets rural counties adopt standards allowing them to deny subdivisions lacking proof of adequate water supplies. The law requires a unanimous vote by the county’s board of supervisors.
Jack Lavelle, a Department of Water Resources spokesman, said Cochise County and the town of Patagonia, located in Santa Cruz County, have adopted the new rules. The law allows cities and towns to adopt new water adequacy standards if the county where they’re located hasn’t already enacted them, he said.
Lavelle said other counties are waiting for the department to lay out its rules on how to enforce the law, and he’s not sure when that will happen.
O’Halleran said the lack of action by counties proves that requiring a unanimous vote makes it difficult to get the new standards in place.
“One person can hold out and not have this law go into effect,” he said. “That doesn’t make any sense at all.”
Sen. Marsha Arzberger, D-Willcox, the main sponsor of last year’s legislation, said it’s still too early to think about altering the law.
“If it obviously doesn’t work and the Legislature sees there’s serious problems, I’m sure they’ll come back and change it,” said Arzberger, who is the Senate minority leader.
She said that a unanimous vote might be difficult to get in some counties but that Cochise County’s move shows that it’s possible.
Mike Ortega, Cochise County administrator, said the board of supervisors passed the rules to highlight the need for responsible water management.
“If somebody can’t show proof of water, we really ought to be scratching our heads, asking ourselves why we would want development that won’t have water in the future,” Ortega said.
Pete Byers, chairman of the Mohave County Board of Supervisors, said he didn’t think his county would approve new standards unanimously because of worries about violating people’s property rights.
In 2002, the county adopted a resolution requiring developers to give proof of an assured 100-year water supply. While it isn’t binding, the rule has made an impact, Byers said.
“We haven’t had one developer that’s gone against us on it,” he said. “I think it simply has worked because the people applying for subdivisions don’t want to admit they don’t have water.”   Other bills at Legislature dealing with rural water

Two bills moving at the Arizona Legislature promote greater disclosure of water supplies for new developments:
H2141
What It Does: Would require developers building homes after Jan 1, 2009, to file statements of water adequacy with county recorders in most of rural Arizona.
Status: Passed the House and assigned to committees in the Senate.
Sponsor: Rep. Ed Ableser, D-Tempe.
H2270
What It Does: Would require municipal and private water companies to disclose water supply information about a property to anyone who requests it within three business days.
Status: Passed the House and awaiting action by the full Senate
Sponsor: Rep. Doug Clark, R-Anthem.