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SB 1610

groundwater; transporting requirements; technical correction

57th Legislature - Second Regular Session Introduced by T.J. Shope

SB 1610 tightens when groundwater transported to an initial AMA can count toward an assured water supply, requiring CAP delivery capacity and uptake thresholds.

Senate First Reading
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Bill Summary · SB 1610

Summary of SB 1610 (57th-2nd Regular Session, Arizona)

Purpose and intent

SB 1610 makes technical corrections to provisions governing the transport of groundwater to an initial active management area (AMA) in Arizona. It clarifies when groundwater transported from one groundwater basin/sub-basin (or from the Pinal AMA) can be used to determine or provide an assured water supply, and it sets conditions for city, town, or private water companies that rely on Central Arizona Project (CAP) water deliveries. The bill also confirms certain groundwater transported to an adjoining AMA is legally available under relevant rules.

Key provisions and changes

  • Restrictions on groundwater used to determine assured water supply (Authoritative reference: Section 45-557 A):
    • Groundwater withdrawn in a groundwater basin or sub-basin (or the Pinal AMA) and transported to an initial AMA cannot be counted toward an assured water supply if it will be used by a city, town, or private water company that was offered—but did not sign—a CAP water delivery subcontract.
    • If a city, town, or private water company has signed a CAP water delivery subcontract, it may only use such transported groundwater after meeting two conditions:
    • Demonstrate physical capacity to receive CAP water, including a functional water treatment plant and delivery system, capable of accepting 95% of its CAP entitlement under the subcontract.
    • In at least one of the three years immediately before the year it intends to begin using the transported groundwater, accept delivery of or exchange 80% or more of its CAP water available under the subcontract.
  • Exception for the Big Chino sub-basin (A): The A restrictions do not apply to groundwater withdrawn in the Big Chino sub-basin of the Verde River groundwater basin when transported to an adjoining initial AMA, pursuant to section 45-555.
  • Legal availability of transported groundwater to adjoining AMAs (C): Groundwater transported to an adjoining AMA under section 45-555, subsections E and F, is deemed legally available under the rules adopted pursuant to section 45-576.

Who is affected

  • Cities, towns, and private water companies that withdraw groundwater and transport it to an initial AMA in order to supplement or establish their assured water supply.
  • Entities that have signed CAP water delivery subcontracts will be subject to the capacity and CAP delivery acceptance criteria before the transported groundwater can be used as part of an assured supply.
  • Entities operating in the Big Chino sub-basin or those dealing with groundwater transported to adjoining AMAs under existing provisions are addressed by the specified exceptions.

Procedural and timeline aspects

  • The bill clarifies criteria that must be met before certain groundwater transport can be counted toward an assured water supply, particularly for CAP-party entities.
  • It introduces a 95% CAP entitlement delivery capacity standard and an 80% acceptance/exchange threshold within the three years prior to planned use of the transported groundwater.
  • It contains an explicit exception for the Big Chino sub-basin and confirms the legal status of groundwater transported to adjoining AMAs under existing rules.

Practical implications

  • By tightening the prerequisites for using transported groundwater as part of an assured water supply, the bill aims to ensure considered planning and capacity for CAP-related water deliveries.
  • It protects against counting groundwater toward assurances unless the recipient has the ability to treat and deliver CAP water at substantial levels, reducing reliance on transported groundwater without adequate infrastructure or CAP backing.
  • The Big Chino exception acknowledges unique hydrological circumstances in that sub-basin.

Session and status

  • Action history shows a First Reading in the Senate (June 12, 2026). Co-sponsor: T.J. Shope.

Compiled from official sources — confirm details with the bill’s official record.

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