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What Changed
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Exact Changes
Around line 1 of the prior version
Strike everything after the enacting clause and insert:
"Section 1. Section 45-132, Arizona Revised Statutes, is amended to
read:
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
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:
(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.
1. USING MEASURING DEVICES THAT ARE APPROVED BY THE DIRECTOR:
YEAR.
(b) MEASURES THE TOTAL VOLUME OF EFFLUENT THAT IS DELIVERED TO THE
OF WATER 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.
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
The official procedural history from the legislature.
Actions
Roll-Call Votes
Passed
passagepassSenate · Feb 25, 2026
do pass
committee-passagefailSenate · Feb 25, 2026
Retained on the Calendar
failHouse · Apr 6, 2026
do pass amended
committee-passagefailHouse · Jun 8, 2026
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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