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 ADWR or the Governor 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 require sufficient water to meet the needs of the proposed use for at least 100 years, without imposing additional burdens on applicants. It states that the ADWR must ascertain the maximum volume of groundwater available to applicants and that if an application meets the requirements of the Groundwater Management Act, the ADWR has no authority to deny or withhold the issuance of a certificate for assured water supply. The resolution aims to reinforce the legislative intent behind water management in Arizona and ensure that applicants are not subjected to unnecessary regulatory hurdles.