Lawmaker tries again for law on rural water supply disclosure

With BC-CNS-Rural Water-Box

By STEVEN FALKENHAGEN
Cronkite News Service

PHOENIX (Thursday, Feb. 5) _ Thwarted during last year’s legislative session, a state lawmaker once again is sponsoring a bill intended to help those buying homes in rural areas obtain information about available water.

HB 2247, introduced by Rep. Ed Ableser, D-Tempe, would require subdivision developers in most rural areas to file statements of water adequacy with county recorders. Those places are outside of the active management areas (AMAs) in which developments must prove 100-year assured water supplies.

Under current law, sellers outside of AMAs must inform only the first buyer of a home that its water supply has been deemed inadequate.

The House Water and Energy Committee narrowly approved Ableser’s bill Thursday, forwarding it to the Commerce Committee.

Rep. Lucy Mason, R-Prescott, the committee’s chairman, voted in favor, as did Reps. Doug Quelland, R-Phoenix, Daniel Patterson, D-Tucson, Nancy Young Wright, D-Tucson, and Christopher Deschene, D-St. Michaels.

In a telephone interview, Deschene said the legislation would empower homebuyers.

“When a person is buying a home, one of the reports they get should detail the water supply,” he said.

Reps. David W. Stevens, R-Sierra Vista, Doris Goodale, R-Lake Havasu City, and Jerry Weiers, R-Glendale, voted against.

Stevens said he found the bill’s language too ambiguous.

“For example what is the definition of a subdivision?” he said in an interview.

Goodale and Weiers didn’t return telephone messages left Thursday afternoon.

The bill, which would take effect Jan. 1, 2010, also would require the Arizona Department of Water Resources to notify a property owner if the water supply is later deemed adequate.

Last year, Ableser’s bill won overwhelming approval in the House but wasn’t taken up in the Senate. Ableser said he was optimistic about his chances this session.

“The realtors have supported the bill and the home builders have supported the bill in the past,” Ableser said. “I have all the stakeholders together.”