Committee advances bill codifying 1‑mile 'safe harbor' for recovery wells in storage area of impact
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Senate Bill 1785, which would have the ADWR director assume certain recovery wells lie within the area of impact for stored water (generally applying a 1‑mile safe harbor), was passed by the committee after proponent testimony and Department of Water Resources comments. The recorded vote was 6‑3 with one member absent.
The House committee passed Senate Bill 1785 with a committee recommendation after proponents and agency staff explained the bill's intent to codify an area‑of‑impact assumption for certain recovery wells.
The sponsor said SB1785 "requires the ADWR director assume that the recovery well that is for a person seeking to recover stored water within an area of impact of an active management area who does not submit a separate hydrologic study is located within the area of impacts of the stored water" when the recovery well is within a constructed underground storage facility or within one mile of the exterior boundary of such a facility. Proponent testimony from a water attorney for Marbella Homes said the measure would make a longstanding ADWR policy firm in statute and reduce uncertainty for applicants who currently rely on a policy footnote.
"This is just the minimum," the attorney told the committee, adding that applicants could still prepare hydrologic studies to demonstrate a larger area of impact if necessary. Department of Water Resources legislative liaison Trent Womberg testified the department has used a one‑mile safe harbor in policy for about 25 years and requested working with the sponsor on language to ensure statutory consistency with existing policy statements.
A motion to return SB1785 with a pass recommendation was made and the roll call returned 6 ayes, 3 nays, 1 absent. Chair Griffin announced the bill passed the committee with a due‑pass recommendation. The committee record shows offers to work on statutory language but no adopted amendments in the hearing.
