The resolution H.C.R. 2039 expresses the Arizona Legislature's opposition to a rule proposed by the Arizona Department of Water Resources (ADWR) regarding the alternative path to the designation of assured water supply (ADAWS). The Legislature asserts that this rule, which was approved by the Governor's Regulatory Review Council and filed with the Secretary of State, contradicts existing Arizona statutes and is therefore null and void. The resolution emphasizes that any requirements imposed by the Governor or ADWR that demand applicants demonstrate more water than necessary for their proposed use, or that deny applications based on certain conditions, are also contrary to the legislative intent of the 1980 Groundwater Management Act.
Furthermore, the resolution clarifies that the definition of "assured water supply" should only pertain to the water needs of the proposed use for a hundred years, without requiring additional water for other users or imposing conditions that are not explicitly authorized by law. It mandates that when an applicant relies on groundwater, the Director of ADWR must determine the maximum volume of groundwater deemed continuously available. If the application meets the requirements of the 1980 Groundwater Management Act, the Director has no authority to deny or withhold the issuance of a certificate or designation of assured water supply.