Special session on water likely, could be tricky

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The Legislature could go into special session soon, with the most likely topic to be legislation implementing Gov. Doug Ducey’s plan to create an Arizona Water Authority to invest in water projects throughout the state. 

House Republicans have been reviewing two bills to implement the governor’s plans, one from Sen. Sine Kerr, R-Buckeye, and one from Rep. Gail Griffin, R-Hereford. 

“I think the idea is to get bipartisan support,” said House Majority Leader Ben Toma, R-Peoria. 

Senate Republicans have also been discussing water issues. 

“The Legislature commenced the larger stakeholder process today,” Senate GOP spokeswoman Kim Quintero said February 28. “Water policy is an information-driven policy-making process and we intend to give it that due diligence, bringing in perspectives from both caucuses and water experts from across the state. These discussions are an important requisite to a special session, but we are working diligently to solicit that feedback now.” 

A Republican source said the draft bills are likely to change; the source expects a final bill sponsored by Speaker Rusty Bowers, R-Mesa, to be introduced when Ducey calls a special session. 

Toma said he isn’t sure when or whether Ducey will call a special session, or what the topics would be. He did say that calling one would make it easier to pass something than going through the regular process at this point in the session. 

Republicans have also discussed the possibility of a special session to repeal and replace the roughly $2 billion in tax cuts that were passed last year. The tax cut package is in doubt due to a voter referendum planned for November that has prevented it from taking effect. 

However, Democrats have so far unanimously opposed these tax cuts, meaning replacing them will likely require unanimous GOP support, and a few senators have balked, saying they would prefer a special session to push election law changes that would go effect in time for the August primary. 

“I have a priority and when it’s not the priority of the Governor’s Office or it’s not the priority of leadership it often gets left behind. So, I’m not willing to do any other priorities,” Sen. Kelly Townsend, R-Mesa, said on February 28. 

Bowers said earlier this week that he had also heard “rumblings” of a special session to deal with either water or taxes, but that if there will be one on taxes, he wouldn’t expect one until after a final ruling in a pending case challenging Proposition 208. Maricopa County Superior Court Judge John Hannah has until March 11 to issue his ruling. 

Senate Minority Leader Rebecca Rios, D-Phoenix, said March 2 she hopes that people behind the draft water legislation aren’t expecting to push it through without any revisions. 

“There’s still a lot of vetting and input that needs to be brought to the forefront before we can put a stamp of endorsement on any legislation,” she said. “It just feels like we’re putting the cart before the horse. But I recognize you have to start somewhere, and as long as that is the expectation – that the bill is just a draft and they are open to changes – then I think that’s fine.” 

Chuck Coughlin, a longtime GOP consultant, said that legislators shouldn’t think water legislation will simply soar through with bipartisan support, noting that some lawmakers were hoping to pass a bill unanimously. 

“Somebody said in one of these meetings: ‘We want a clean bill.’ That’s not the way it’s going to be, that’s not happening,” he said. “You’ve got to go: OK, here’s our aspirational goal. How do we accomplish this and then live within the context of the legislative session, what people want, and how to get them there? So, it’s tricky. It will be difficult.”