When This Disclosure Applies
Not every subdivision has access to a reliable, piped water supply. Some rural lots receive an exemption from the standard plat rules. This exemption applies only if the water situation is clearly documented.
This statute requires a specific disclosure when lots in a subdivision plat are approved under water-related exemptions. The disclosure must be recorded alongside the subdivision plat itself.
A subdivider who sells a lot that was included in a plat approved by the legislative body of a city or town pursuant to an exemption authorized by section 9-463.01, subsection K or by the board of supervisors of a county pursuant to an exemption authorized by section 11-823, subsection B, paragraph 1 shall record with the plat a document that contains a legal description of the land that is subject to the subdivision plat and that contains a statement that the lots are served by a water supply that has been determined as inadequate and that the water must be hauled to the lot.
A.R.S. § 33-406(A)The document must include a legal description of the affected land. It must also state that water must be hauled to the lot because the supply is not adequate.
Why This Matters for Property Buyers
Water access is one of the most important factors in real estate, especially in rural areas. Hauled water adds ongoing cost that many buyers do not expect.
This means anyone buying a lot in an affected subdivision should see a clear notice about water. The recorded plat documents must spell out how water reaches the property.
Some subdivisions near an airport or military facility carry separate disclosure rules. Those cover noise and safety zones, not water. The principle is the same: buyers deserve full details before they buy.
A lot that needs water hauling may affect property value, insurance options, and daily life. Buyers in such areas should check the plat documents for water-related disclosures. They should also ask whether the subdivision plans to connect to a municipal system later.