Approved Final Rule Making To Amend The Pinal AMA Assured Water Supply Rules

APPROVED FINAL RULEMAKING TO AMEND THE PINAL AMA ASSURED WATER SUPPLY RULES

On December 4, 2018 the Governor’s Regulatory Review Council (GRRC) approved a Notice of Final Rulemaking amending the Pinal Active Management Area (AMA) Assured Water Supply (AWS) Rules.  The rulemaking: (1) modifies the method of calculating extinguishment credits in the Pinal AMA for new certificates of AWS, (2) limits, for new certificates of AWS, the amount of groundwater that may be made consistent with the Pinal AMA management goal with the use of extinguishment credits created on or after January 1, 2019, and (3) eliminates the groundwater allowance for new certificates of AWS. The approved Notice of Final Rulemaking filed with the Secretary of State’s Office on December 11, 2018 is available here.  The rule changes become effective January 1, 2019. 

Proposed Rulemaking to Amend the Pinal AMA Assured Water Supply Rules

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On August 17, 2018, the Department filed a Notice of Proposed Rulemaking with the Office of the Secretary of State to amend the Pinal Active Management Area (AMA) Assured Water Supply (AWS) Rules.  This rulemaking: (1) modifies the method of calculating extinguishment credits in the Pinal AMA for new certificates of AWS, (2) limits the amount of groundwater that may be made consistent with the Pinal AMA management goal with the use of extinguishment credits for new certificates of AWS, and (3) eliminates the groundwater allowance for new certificates of AWS.  The rule changes related to extinguishment credits are designed to eliminate the concerns of Pinal AMA Irrigation Grandfathered Right (IGFR) holders that the current rules may result in IGFR holders prematurely extinguishing their grandfathered groundwater rights.  The rule changes may also reduce the amount of future unreplenished groundwater use by new subdivisions.  Please find a copy of the Notice of Proposed Rulemaking here

The oral proceeding on this proposed rulemaking was held on October 9, 2018.  The Department subsequently submitted its Notice of Final Rulemaking with the Governor’s Regulatory Review Council (GRRC).  The Department’s Notice of Final Rulemaking submitted to GRRC is available here.  The rulemaking has been scheduled to be discussed at the November 27, 2018 GRRC Study Session.  Please find the GRRC Study Session Agenda here.  The Department’s rulemaking may be considered for final GRRC review at the GRRC December 4, 2018 meeting.  Please contact GRRC at (602) 542-2058 with any questions regarding the GRRC meetings.