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Ableser tries again for law on rural water supply disclosure

Arizona Capitol Reports Staff//February 9, 2009//[read_meter]

Ableser tries again for law on rural water supply disclosure

Arizona Capitol Reports Staff//February 9, 2009//[read_meter]

Thwarted during last year's legislative session, a state lawmaker once again is sponsoring a bill intended to help those buying homes in rural areas obtain information about available water.

H2247, introduced by Rep. Ed Ableser, a Democrat from Tempe, would require subdivision developers in most rural areas to file statements of water adequacy with county recorders. Those places are outside of the active management areas (AMAs) in which developments must prove 100-year assured water supplies.

Under existing law, sellers outside of AMAs must inform only the first buyer of a home that its water supply has been deemed inadequate.

The House Water and Energy Committee narrowly approved Ableser's bill Feb. 5, forwarding it to the Commerce Committee.

Rep. Lucy Mason, a Republican from Prescott, the committee's chairman, voted in favor, as did Reps. Doug Quelland, a Republican from Phoenix, Daniel Patterson, a Democrat from Tucson, Nancy Young Wright, a Democrat from Tucson, and Christopher Deschene, a Democrat from St. Michaels.

In a telephone interview, Deschene said the legislation would empower homebuyers.

"When a person is buying a home, one of the reports they get should detail the water supply," he said.

Reps. David W. Stevens, a Republican from Sierra Vista, Doris Goodale, a Republican from Lake Havasu City, and Jerry Weiers, a Republican from Glendale, voted against.

Stevens said he found the bill's language too ambiguous.

"For example, what is the definition of a subdivision?" he said in an interview.

The bill, which would take effect Jan. 1, 2010, also would require the Arizona Department of Water Resources to notify a property owner if the water supply is later deemed adequate.

Last year, Ableser's bill won overwhelming approval in the House but wasn't taken up in the Senate. Ableser said he was optimistic about his chances this session.

"The realtors have supported the bill and the home builders have supported the bill in the past," Ableser said. "I have all the stakeholders together."

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