Committee approves measure to grandfather some ‘conduit’ lakes in AMAs after debate with ADWR

The Natural Resource, Energy and Water Committee voted to report Senate Bill 1,200 as amended, a measure that would add a conduit-lake exemption to Arizona Revised Statutes section 45-1-32 and effectively grandfather some neighborhood lakes that mix irrigation groundwater with treated effluent.

ADWR legislative liaison Trent said the agency is neutral on the bill but raised “serious concerns” about the committee’s Griffin strike‑everything amendment, arguing “this amendment attempts to grandfather in lakes that have been illegally filled.” He told members it may be impossible in practice to separate commingled water and that using lakes as conduits increases evaporative loss compared with piped systems.

Homeowners from the Tortosa community in Maricopa urged relief, saying ADWR enforcement left them facing costly infrastructure changes. Michael Buis, board president of the Tortosa HOA, told the committee the lake serves as the community’s irrigation-storage and recreation feature and said retrofitting a separate delivery system would “devastate the financials of our community” and raise HOA assessments for about 2,400 homes.

Sponsor and proponents framed the amendment as narrowly retroactive. Spencer Camps of the Home Builders Association said the intent is to resolve cost and compliance uncertainty for existing developments, not to change how future lakes are regulated.

Committee members pressed ADWR about enforcement history, penalties and the scope of exemptions. ADWR staff said enforcement typically begins with warnings and stipulations and that fines can reach up to $10,000 per day as a last resort, but added the department has not generally collected fines in the cases described.

The committee adopted the Griffin strike‑everything amendment and then voted to return SB 1,200 as amended with a due‑pass recommendation. The clerk announced the final tally as 6 ayes, 3 nays, 0 present and 1 absent. The measure will move forward in the legislative process.

What it means: If enacted as amended, SB 1,200 would create a statutory path to exempt certain ‘‘conduit’’ lakes in Active Management Areas that historically used a mix of effluent and groundwater for irrigation. ADWR warned the amendment’s language could be read broadly and recommended clarifying language and limits; supporters said the change protects homeowners who relied on past department practice.