Committee backs bill to codify ADWR 1-mile safe-harbor for recovery wells amid language concerns

Senate Bill 17-85, presented Feb. 16 to the Arizona Senate Natural Resources Committee, would codify a long-standing Arizona Department of Water Resources (ADWR) practice that treats recovery wells located within one mile of certain storage facilities as being within an area of hydrologic impact.

Sponsor testimony said the bill provides certainty for applicants—primarily water providers—that recovery wells will be presumed to recover stored water within one mile of the storage location. The sponsor and an attorney’s written statement noted ADWR has followed a one-mile safe-harbor policy for roughly 25 years and that codification would prevent the department from unilaterally changing that position without notice and stakeholder input.

David Fernandez of ADWR told the committee the bill largely reflects current practice but raised drafting concerns. Fernandez recommended clarifying the phrase "other water storage infrastructure" by listing examples (basin, recharge well, trench, stream channel) to avoid a potential misinterpretation that could broaden the statute beyond existing practice. Several senators asked whether codifying the policy would expand pumping or otherwise harm water management; ADWR responded that the intent is not to change operations but that clearer statutory language is desirable.

After discussion the committee voted to recommend SB 17-85 by committee do-pass.