Coconino County Water Adequacy

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Coconino CountyWater Adequacy

• SB1575

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State Authority

• Historically, authority over water (ground and
  surface) has remained at the state level
  currently under ADWR
• Groundwater Management Act of 1980 created Active
  Management Areas and Assured Water Supply
  Program-not applicable to Coconino County
• ADWR recognizes groundwater, surface water,
  effluent, and Colorado River as water sources

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Existing Adequacy Program

• Current ADWR Adequacy Program applies outside of
  Active Management Areas
• Adequacy determination requires demonstration of
  continuous, legal, and physical supply and,
  financial capability to construct and operate
  system
• Subdivisions can proceed without demonstrating
  100 year supply

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Existing Adequacy Program

• The current definition is based on depth to
  groundwater-wells over 1200 in depth generally
  do not meeting the physical availability criteria
• The depth to groundwater in the C and R aquifer
  areas of Coconino County generally exceeds 1200
• With a few exceptions in certain
  areas-subdivisions in Coconino County have
  received determinations of inadequate, generally
  due to depth of groundwater

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County Authority

• Coconino County is not a water provider
• Most Cities and Towns within Coconino County
  operate water systems but generally do not extend
  their service beyond their incorporated
  boundaries
• Some county residents rely on hauled water from
  cities and towns which have standpipes for bulk
  water sales

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County Authority

• County residents obtain water in a variety of
  ways
• Public Community Water Systems serving
  unincorporated communities and subdivisions
• Cooperatives (example Doney Park Water System)
• Water Districts (example Domestic Water
  Improvement Districts)
• Shared Wells
• Individual Wells
• Hauling Water

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Coconino County Planning

• Ongoing efforts include
• Statewide Water Advisory Group
• Water Adequacy Authority
• Coconino Plateau Water Advisory Committee

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Coconino County Communities

• City of Flagstaff-Adequacy Designation 1973 not
  based on hydrologic information, is undertaking
  study to determine 100 year availability in
  conjunction with re-designation
• City of Page-Adequacy Designation in 1973 ADWR
  will require re-designation process

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Coconino County Communities

• City of Sedona-service is by Arizona Water
  Company-no designation, but most subdivisions
  have obtained determination of adequacy
• City of Williams-Community water system operated
  by City-relies on surface and ground water-no
  designation
• Town of Fredonia-Community water system relies in
  part on water from Utah-no designation
• Community of Tusayan-two private water systems
  relying on groundwater with wells in excess of
  3000 Tusayan also has community reclaimed water
  infrastructure for non-potable uses

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Statewide Water Advisory Group(SWAG)

• Formed to advise ADWR on water resources
  development and management to provide a reliable
  future water supply throughout Arizona
• SWAG addresses water issues that have come to the
  attention of the Legislature and Governor

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Statewide Water Advisory Group(SWAG)

• Coconino County participated in the SWAG process
• Issue of lack of county authority to regulate
  water was raised during the SWAG process
• Legislation was developed to address county
  authority

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County Authority Contd.

• Due to the efforts of SWAG, legislation was
  passed in the 2007 legislative session to
• Grant counties the authority to adopt a mandatory
  adequacy ordinance
• Require all subdivisions in the county to prove
  adequacy and demonstrate a 100 year supply
• An attempt to include lot splits in the
  legislation failed

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SB 1575 Water Adequacy

• Authorizes cities, towns and counties (located
  outside of Active Management Areas) to require an
  adequate water supply determination from ADWR for
  approval of new subdivisions

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SB 1575-Water Adequacy

• Cities towns can adopt a Water Adequacy
  Ordinance in a county that does not adopt the
  requirement
• Cities towns can adopt by a majority vote
• Cities towns can repeal Adequacy Program if
  they adopt

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SB 1575-Water Adequacy

• For counties, the decision must be by unanimous
  vote of the Board of Supervisors
• Adoption by a County applies to all subdivisions
  within the county-including those within
  incorporated cities and towns
• Adoption by a County is irrevocable for all areas
  within the county-including those incorporated
  cities and towns

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SB 1575-Exemptions

• Any subdivision that receives a final plat before
  the program is adopted is not impacted UNLESS the
  plat is materially changed
• A county, city, or town may adopt an ordinance
  that exempts subdivisions served with a hauled
  water supply (by motor vehicle or train)
• Exempts subdividers who have made a substantial
  capital investment toward construction of the
  proposed subdivision
• Exempts subdivisions to be served by a water
  project that is under construction will be
  completed within 20 years

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SB 1575 Rulemaking

• ADWR required to promulgate rules for the water
  adequacy program
• Coconino County provided comments during the
  rulemaking process
• Rules have not been submitted to the Governors
  Regulatory Review Council (GRRC) for promulgation
  due to rulemaking delays invoked by Governor

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SB 1575 Rulemaking Moratorium

• On January 22, 2009, Governor Brewer released an
  order suspending all rulemaking by state agencies
  until April 30, 2009 in order to complete a
  review of proposed rules 
• HB 2240 has been introduced to freeze any rule or
  regulation promulgation until July 2, 2010. The
  bill passed the Arizona House of Representatives
  and is awaiting action in the Senate

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SB 1575 County Efforts

• Despite the rulemaking moratorium, Coconino
  County is continuing stakeholder meetings and
  working with cities/towns on impacts of a water
  adequacy decision by the Board of Supervisors
• Coconino County is continuing to review potential
  impacts of hydrologic guidelines on county
  adoption

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Hydrologic Guidelines

• Developed by ADWR to specifically address the
  regional characteristics of C and R aquifers on
  the Coconino Plateau
• Based on saturated thickness of aquifer not depth
  to groundwater
• Modeling requirements and pump tests
• ADWR will do initial hydrologic study for
  subdivisions of up to 30 lots
• ADWR will allow phased approach for large
  subdivisions

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Countys Draft Ordinance and Hauling Exemption

• Follows Statutory Provisions
• Pursuant to ARS11-806.F the Board of
  Supervisors shall not approve a final plat for a
  subdivision unless one of the following applies
• The Director of Water Resources has determined
  that there is an adequate water supply for the
  subdivision and the subdivider has included the
  report with the plat.
• The subdivider has obtained a written commitment
  of water service for the subdivision from a city,
  town or private water company designated as
  having an adequate water supply by the Director
  of Water Resources.

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Countys Draft Ordinance and Hauling Exemption

• Follows Statutory Provisions
• The Board determines that there is no feasible
  alternative water supply for the subdivision and
  that the transportation of water to the
  subdivision will not constitute a significant
  risk to the health and safety of the residents of
  the subdivision.
• If the water to be transported to the subdivision
  will be withdrawn or diverted in the service area
  of a municipal provider as defined in ARS 45-561
  and the municipal provider has consented to the
  withdrawal or diversion.
• If the water to be transported is groundwater,
  the transportation complies with the provisions
  governing the transportation of groundwater
• The transportation of water to the subdivision
  meets any additional conditions imposed by the
  county.

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Countys Draft Ordinance and Hauling Exemption

• May include water hauling exemption for the
  following types of subdivisions
• Administrative-20 lots or less-no change in
  zoning required
• Schedule C Subdivision with lot sizes gt5 acres
  and no water system is provided
• Schedule B Subdivision with lot sizes gt 2.5
  acres and no water system is provided
• Any exemption would be tied to strict water
  conservation, reuse, and catchment methods
  incorporated in the approved development plan
• This could include a specific percent of water
  provided through these methods, and it could
  specify actual methods-e.g. all houses include a
  grey water reuse system and roof catchment for
  all buildings and structures

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SB 1575 Water Adequacy-Pros

• Begins to give greater regional authority over
  water resources
• Created as a consumer protection law
• Water Hauling Exemption

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SB1575 Water Adequacy-Cons

• Does not apply to major developments that are
  not subdivisions
• Does not apply to lot splits
• In Coconino County approximately 50 of lots are
  created through lot splits (wildcat subdivisions)
• Could divert more development through this
  process rather than the subdivision process

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SB1575-Water Adequacy Cons

• Limited amount of information on groundwater in
  many areas of the County-could prove costly for
  new subdivisions
• Uncertainty as to how it addresses withdrawal
  from neighboring jurisdictions that have not
  adopted adequacy ordinance
• Applies irrevocable County Ordinance to
  subdivisions in incorporated cities and towns
• Costs for implementation-ADWR and County

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Possible Alternatives

• Status Quo-Subdivisions can be approved without
  100 year water adequacy determination
• Water Conservation Ordinance
• Water Management Districts-requires more research
  and probably legislative action