HB 2691 Summary

• Distinguishes between "WOTUS" (Waters of the United States under federal Clean Water Act) and "non-WOTUS protected surface waters" in Arizona's water quality regulatory framework, with different permitting and oversight requirements for each category.

• Establishes a "Protected Surface Waters List" that includes all WOTUS plus specified Arizona rivers (Colorado, Gila, Salt, Verde, San Pedro, Santa Cruz, Little Colorado, and Bill Williams) and certain non-WOTUS waters like public drinking water sources and recreational waters, with exclusions for agricultural ditches, ornamental ponds, and stormwater features.

• Creates separate water quality standards and permitting programs for non-WOTUS protected surface waters that are not subject to federal EPA review, approval, or enforcement, and exempts certain non-WOTUS discharges from technology-based effluent limitations.

• Adopts new definitions including "effluent-dependent water," "ephemeral water," "intermittent water," "ordinary high water mark," "perennial water," and "wetland" to clarify regulatory applicability to different water types.

• Requires the director to adopt water quality standards for non-WOTUS protected surface waters by December 31, 2022, and establishes a best management practices approach for point source discharges to non-WOTUS waters rather than prescriptive federal standards.