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SB 1200Arizona · 57th-2nd-regular

assured water supply; certificate; model.

bill

DDP Analysis

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What Changed

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Exact Changes

Around line 1 of the prior version

The bill as proposed to be amended is reprinted as follows:

Strike everything after the enacting clause and insert:

"Section 1. Section 45-132, Arizona Revised Statutes, is amended to

read:

45-132. Filling large bodies of water for landscape orrecreational purposes prohibited; exceptions;45-132. Filling large bodies of water for landscape, scenicor recreational purposes prohibited; exceptions;

preemption

A. Except as provided in subsection B of this section, in an active

management area established under chapter 2 of this title, a person shall

Around line 21 of the prior version

increased after it is initially filled, this exception does not apply to

the quantity of water that is added.

3. The body of water is located in a recreational facility that is

open to the public and THAT [IS] owned or operated by the United States,this state, a city, town or county, a flood control district establishedunder title 48, chapter 21 or a multi-county water conservation districtopen to the public and THAT owned or operated by the United States, thisstate, a city, town or county, a flood control district established undertitle 48, chapter 21 or a multi-county water conservation district

established under title 48, chapter 22.

4. The body of water is filled and refilled exclusively with any

one or any combination of the following:

(a) Effluent [ONLY IF THE BODY OF WATER WAS CONSTRUCTED ORSUBSTANTIAL CAPITAL INVESTMENT WAS MADE TOWARD CONSTRUCTION OF THE BODY OFWATER BEFORE DECEMBER 31, 2030].(a) Effluent.

(b) Storm water runoff that is not subject to appropriation under

section 45-141.

(c) Poor quality water used pursuant to a permit issued under

Around line 62 of the prior version

If a hotel, motel, country club or resort has more than one swimming pool,

only one of those swimming pools may have a surface area greater than

twelve thousand three hundred twenty square feet.

C. FOR [BODIES] [A BODY] OF WATER THAT [ARE] [WAS] CONSTRUCTEDBEFORE JANUARY 1, 2026 IN AN ACTIVE MANAGEMENT AREA [PURSUANT TOSUBSECTION B, PARAGRAPH 4, SUBDIVISION (a) OF THIS SECTION] AND THAT [AREFILLED AND REFILLED WITH EFFLUENT] [WAS USED TO CONVEY NONEFFLUENT FORLANDSCAPE OR RECREATIONAL PURPOSES BETWEEN JUNE 30, 2023 AND JUNE 30,2026], A PERSON MAY USE THE BODY OF WATER AS A CONDUIT FOR TRANSPORTINGANOTHER TYPE OF WATER FOR [LANDSCAPING] [LANDSCAPE] OR [OTHER][RECREATIONAL] PURPOSES [OFF THE BODY OF WATER] BY [COMINGLING][COMMINGLING] THE EFFLUENT WITH THE WATER THAT THE PERSON USES FOR[LANDSCAPING] [LANDSCAPE] OR [OTHER] [RECREATIONAL] PURPOSES [THAT FLOWSTHROUGH] [OFF] THE BODY OF WATER IF THE OWNER OR OPERATOR OF THE BODY OFWATER DOES ALL OF THE FOLLOWING:C. FOR BODIES OF WATER THAT ARE CONSTRUCTED BEFORE JANUARY 1, 2026IN AN ACTIVE MANAGEMENT AREA AND THAT ARE FILLED AND REFILLED WITHEFFLUENT, A PERSON MAY USE THE BODY OF WATER AS A CONDUIT FOR TRANSPORTINGANOTHER TYPE OF WATER FOR LANDSCAPING OR OTHER PURPOSES BY COMINGLING THEEFFLUENT WITH THE WATER THAT THE PERSON USES FOR LANDSCAPING OR OTHERPURPOSES THAT FLOWS THROUGH THE BODY OF WATER IF THE OWNER OR OPERATOR OFTHE BODY OF WATER DOES ALL OF THE FOLLOWING:

1. USING MEASURING DEVICES THAT ARE APPROVED BY THE DIRECTOR:

(a) MEASURES THE [TOTAL] VOLUME OF WATER [BY TYPE OF WATER] THAT ISDELIVERED TO AND WITHDRAWN FROM THE BODY OF WATER FOR [LANDSCAPING][LANDSCAPE] OR [OTHER] [RECREATIONAL] PURPOSES IN [A ] [EACH CALENDAR](a) MEASURES THE TOTAL VOLUME OF WATER THAT IS DELIVERED TO ANDWITHDRAWN FROM THE BODY OF WATER FOR LANDSCAPING OR OTHER PURPOSES IN A

YEAR.

(b) MEASURES THE TOTAL VOLUME OF EFFLUENT THAT IS DELIVERED TO THE

BODY OF WATER IN [A ] [EACH CALENDAR] YEAR.2. ADDS A VOLUME OF EFFLUENT TO THE BODY OF WATER EACH [CALENDAR]YEAR THAT IS EQUAL TO OR GREATER THAN [AN] [THE] AMOUNT THAT IS [LOST TOSEEPAGE AND EVAPORATION FROM THE BODY OF WATER. THE AMOUNT LOST TO SEEPAGEAND EVAPORATION SHALL BE] DETERMINED BY SUBTRACTING THE AMOUNT OF WATERTHAT IS WITHDRAWN FOR [LANDSCAPING] [LANDSCAPE] OR [OTHER] [RECREATIONAL]PURPOSES FROM THE TOTAL AMOUNT OF WATER DELIVERED TO THE BODY OF WATER INTHE CALENDAR YEAR. [THE AMOUNT OF NONEFFLUENT DELIVERED TO THE BODY OFWATER MAY NOT EXCEED THE TOTAL VOLUME WITHDRAWN FROM THE BODY OF WATER FORLANDSCAPE OR RECREATIONAL PURPOSES. EXCEPT AS ALLOWED PURSUANT TO SECTION45-468 OR ANY OTHER LAW, THE EFFLUENT MUST BE DELIVERED TO THE END USERBEFORE COMMINGLING WITH ANY OTHER TYPE OF WATER.]3. ON OR BEFORE MARCH 31 OF [THE FOLLOWING] [EACH] YEAR, REPORTS[BOTH OF] THE FOLLOWING TO THE DIRECTOR:(a) THE [TOTAL] VOLUME OF WATER THAT THE PERSON DELIVERED TO THEBODY OF WATER IN THE [PRECEDING] CALENDAR YEAR [BY TYPE OF WATER].[(b) THE VOLUME OF EFFLUENT THAT THE PERSON DELIVERED TO THE BODYBODY OF WATER IN A YEAR.2. ADDS A VOLUME OF EFFLUENT TO THE BODY OF WATER EACH YEAR THAT ISEQUAL TO OR GREATER THAN AN AMOUNT THAT IS DETERMINED BY SUBTRACTING THEAMOUNT OF WATER THAT IS WITHDRAWN FOR LANDSCAPING OR OTHER PURPOSES FROMTHE TOTAL AMOUNT OF WATER DELIVERED TO THE BODY OF WATER IN THE CALENDARYEAR.3. ON OR BEFORE MARCH 31 OF THE FOLLOWING YEAR, REPORTS THEFOLLOWING TO THE DIRECTOR:(a) THE TOTAL VOLUME OF WATER THAT THE PERSON DELIVERED TO THE BODY

OF WATER IN THE CALENDAR YEAR.

(c)] [b] THE VOLUME OF WATER THAT THE PERSON WITHDREW FROM THEBODY OF WATER FOR [LANDSCAPING] [LANDSCAPE] OR [OTHER] [RECREATIONAL]PURPOSES IN THE [PRECEDING] CALENDAR YEAR.[4. ON OR BEFORE JANUARY 1, 2028, PROVIDES DOCUMENTATION TO THEDIRECTOR THAT THE BODY OF WATER WAS USED TO CONVEY NONEFFLUENT FORLANDSCAPE OR RECREATIONAL PURPOSES BETWEEN JUNE 30, 2023 AND JUNE 30,2026. THE DOCUMENTATION MUST CONTAIN ALL OF THE FOLLOWING:(a) ANNUAL REPORTS THAT THE OWNER OR OPERATOR PREVIOUSLY FILED WITHTHE DIRECTOR.(b) A REPORT THAT IS AFFIXED WITH A SEAL BY A REGISTERED CIVILENGINEER, THAT DESCRIBES THE DISTRIBUTION SYSTEM OF THE BODY OF WATER ANDTHAT INCLUDES A MAP AND NARRATIVE DESCRIPTION OF THE SOURCE OF THE WATERAND THE LOCATION AND TYPE OF USE OF THE WATER.(c) AN AFFIDAVIT OF AN OWNER OF THE BODY OF WATER THAT AFFIRMSCOMPLIANCE WITH THIS SUBSECTION.](b) THE VOLUME OF EFFLUENT THAT THE PERSON DELIVERED TO THE BODY OFWATER IN THE CALENDAR YEAR.(c) THE VOLUME OF WATER THAT THE PERSON WITHDREW FROM THE BODY OFWATER FOR LANDSCAPING OR OTHER PURPOSES IN THE CALENDAR YEAR.

C. D. A person who seeks to use poor quality groundwater to fill

or refill all or a portion of a body of water shall apply to the director

for a permit to use the groundwater for that purpose. The director may

Around line 135 of the prior version

pursuant to the permit and shall terminate the permit if any of the

conditions for issuance of the permit no longer applies. A permit may be

renewed subject to the same criteria used in granting the original permit.

[F. UNLESS AUTHORIZED PURSUANT TO SECTION 45-133, SUBSECTION C OFTHIS SECTION DOES NOT ALLOW THE USE OF GROUNDWATER FOR EITHER OF THEFOLLOWING PURPOSES:1. TO PROVIDE THE INITIAL FILL OF A BODY OF WATER.2. TO MEET SEEPAGE OR EVAPORATIVE LOSS OF A BODY OF WATER.]E. [F.] [G.] This section preempts all municipal and county laws,E. F. This section preempts all municipal and county laws,

charters, ordinances, rules and regulations relating to the use of any

water to fill or refill all or a portion of a body of water, except that

this section does not preempt a law, charter, ordinance, rule or

regulation that has previously been adopted, passed or enacted or is

subsequently adopted, passed or enacted if the law, charter, ordinance,

rule or regulation is more restrictive than this section."

Enroll and engross to conform

Amend title to conform

Legislative Record

The official procedural history from the legislature.

Actions

  • Feb 26, 2026
    Transmit to House
    Senate
  • Mar 3, 2026
    House First Reading.
    Housereading-1
  • Mar 4, 2026
    House Second Reading
    Housereading-2
  • Mar 16, 2026
    DPA/SE
    Houseamendment-passage
  • Jun 8, 2026
    DPA
    Houseamendment-passage

Roll-Call Votes

  • Passed

    passagepass

    Senate · Feb 25, 2026

    16 yes12 no0 other0 absent0 excused2 not voting
  • do pass

    committee-passagefail

    Senate · Feb 25, 2026

    0 yes0 no0 other0 absent0 excused0 not voting
  • Retained on the Calendar

    fail

    House · Apr 6, 2026

    0 yes0 no0 other0 absent0 excused0 not voting
  • do pass amended

    committee-passagefail

    House · Jun 8, 2026

    0 yes0 no0 other0 absent0 excused0 not voting

Documents

  • HOUSE SUMMARY: 03/13/2026 Natural Resources, Energy & Water

  • HOUSE SUMMARY: 03/23/2026 Caucus & COW

  • SENATE FACT SHEET: 01/30/2026 NR

  • House COW 06/09 - Amended by NREW - Griffin

  • House COW 06/09 - Floor Amend to NREW - Griffin

Full Bill Text

Strike everything after the enacting clause and insert:
"Section 1. Section 45-132, Arizona Revised Statutes, is amended to
read:
45-132. Filling large bodies of water for landscape, scenic
or recreational purposes prohibited; exceptions;
preemption
A. Except as provided in subsection B of this section, in an active
management area established under chapter 2 of this title, a person shall
not use any water for the purpose of filling or refilling all or a portion
of a body of water.
B. This section does not apply to a body of water if any of the
following applies:
1. The body of water was filled before January 1, 1987. If the
surface area of the body of water is increased on or after January 1,
1987, this exception does not apply to the quantity of water that is
added.
2. The director has determined that substantial capital investment
has been made in the physical on-site construction of the body of water
before January 1, 1987.     If the surface area of the body of water is
increased after it is initially filled, this exception does not apply to
the quantity of water that is added.
3. The body of water is located in a recreational facility that is
open to the public and THAT owned or operated by the United States, this
state, a city, town or county, a flood control district established under
title 48, chapter 21 or a multi-county water conservation district
established under title 48, chapter 22.
4. The body of water is filled and refilled exclusively with any
one or any combination of the following:
(a) Effluent.
(b) Storm water runoff that is not subject to appropriation under
section 45-141.
(c) Poor quality water used pursuant to a permit issued under
subsections C and D AND E of this section.
(d) Groundwater withdrawn pursuant to a drainage water withdrawal
permit issued under section 45-519.
(e) Groundwater withdrawn in the first year of a temporary
dewatering permit issued under section 45-518.
(f) Groundwater withdrawn as part of a remedial action under title
49, chapter 2, article 5, including mitigation of a nonhazardous release
undertaken pursuant to an order issued by the department of environmental
quality pursuant to section 49-286.
(g) Water used pursuant to a permit for interim water use issued
under section 45-133.
(h) Surface water except central Arizona project water that, as
determined by the director, physically occurs at such times, in such
quantities or under such other circumstances that it cannot be physically
captured and beneficially used by any other holder of an appropriative
right.
5. The body of water is an integral part of a golf course that
complies with any applicable conservation requirements in the management
plan for the active management area adopted under chapter 2, article 9 of
this title.
6. The body of water is unsealed and is an integral part of an
underground storage facility for which the director has issued a permit
under chapter 3.1 of this title.
7. The body of water is a swimming pool that is owned and operated
by a hotel, motel, country club or resort and THAT has a surface area
equal to or less than forty-three thousand five hundred sixty square feet.
If a hotel, motel, country club or resort has more than one swimming pool,
only one of those swimming pools may have a surface area greater than
twelve thousand three hundred twenty square feet.
C. FOR BODIES OF WATER THAT ARE CONSTRUCTED BEFORE JANUARY 1, 2026
IN AN ACTIVE MANAGEMENT AREA AND THAT ARE FILLED AND REFILLED WITH
EFFLUENT, A PERSON MAY USE THE BODY OF WATER AS A CONDUIT FOR TRANSPORTING
ANOTHER TYPE OF WATER FOR LANDSCAPING OR OTHER PURPOSES BY COMINGLING THE
EFFLUENT WITH THE WATER THAT THE PERSON USES FOR LANDSCAPING OR OTHER
PURPOSES THAT FLOWS THROUGH THE BODY OF WATER IF THE OWNER OR OPERATOR OF
THE BODY OF WATER DOES ALL OF THE FOLLOWING:
1. USING MEASURING DEVICES THAT ARE APPROVED BY THE DIRECTOR:
(a) MEASURES THE TOTAL VOLUME OF WATER THAT IS DELIVERED TO AND
WITHDRAWN FROM THE BODY OF WATER FOR LANDSCAPING OR OTHER PURPOSES IN A
YEAR.
(b) MEASURES THE TOTAL VOLUME OF EFFLUENT THAT IS DELIVERED TO THE
BODY OF WATER IN A YEAR.
2. ADDS A VOLUME OF EFFLUENT TO THE BODY OF WATER EACH YEAR THAT IS
EQUAL TO OR GREATER THAN AN AMOUNT THAT IS DETERMINED BY SUBTRACTING THE
AMOUNT OF WATER THAT IS WITHDRAWN FOR LANDSCAPING OR OTHER PURPOSES FROM
THE TOTAL AMOUNT OF WATER DELIVERED TO THE BODY OF WATER IN THE CALENDAR
YEAR.
3. ON OR BEFORE MARCH 31 OF THE FOLLOWING YEAR, REPORTS THE
FOLLOWING TO THE DIRECTOR:
(a) THE TOTAL VOLUME OF WATER THAT THE PERSON DELIVERED TO THE BODY
OF WATER IN THE CALENDAR YEAR.
(b) THE VOLUME OF EFFLUENT THAT THE PERSON DELIVERED TO THE BODY OF
WATER IN THE CALENDAR YEAR.
(c) THE VOLUME OF WATER THAT THE PERSON WITHDREW FROM THE BODY OF
WATER FOR LANDSCAPING OR OTHER PURPOSES IN THE CALENDAR YEAR.
C. D. A person who seeks to use poor quality groundwater to fill
or refill all or a portion of a body of water shall apply to the director
for a permit to use the groundwater for that purpose.     The director may
issue a permit if the applicant demonstrates that all of the following
apply:
1. The applicant otherwise has a right to use the proposed source
of groundwater for the proposed purpose.
2. The groundwater because of its poor quality cannot be used for
another beneficial purpose at the present time and it is not economically
feasible to treat and transport the groundwater and use it for another
beneficial purpose.
3. The withdrawal of the groundwater is consistent with the
management plan and achievement of the management goal for the active
management area.
D. E. A permit issued pursuant to subsection C D of this section
may be issued for a period of up to thirty-five years. The director shall
determine the duration of the permit on the basis of the estimated life of
the source of poor quality groundwater and the potential for future
beneficial use. The director shall monitor the use of groundwater
pursuant to the permit and shall terminate the permit if any of the
conditions for issuance of the permit no longer applies. A permit may be
renewed subject to the same criteria used in granting the original permit.
E. F. This section preempts all municipal and county laws,
charters, ordinances, rules and regulations relating to the use of any
water to fill or refill all or a portion of a body of water, except that
this section does not preempt a law, charter, ordinance, rule or
regulation that has previously been adopted, passed or enacted or is
subsequently adopted, passed or enacted if the law, charter, ordinance,
rule or regulation is more restrictive than this section."
Amend title to conform

At a Glance

Status

DPA

Jun 9, 2026

First Action

Jan 20, 2026

Latest Passage

Feb 26, 2026

Sponsor

Thomas "T.J." Shope

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