When This Disclosure Applies
Not every Arizona subdivision has access to a reliable, piped water supply. Some rural lots receive an exemption from the standard subdivision plat requirements, but only if the water situation is clearly documented. This statute requires a specific disclosure whenever a subdivision plat is approved under exemptions related to inadequate water supply.
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 disclosure must be recorded alongside the subdivision plat itself. It needs to include a legal description of the affected land and a clear statement that the water supply has been determined inadequate, meaning water must be physically transported to the property.
Why This Matters for Property Buyers
Water availability is one of the most critical factors in Arizona real estate, especially in rural areas. Hauled water adds ongoing cost and logistical complexity that many buyers do not anticipate. This statute ensures that anyone purchasing a lot in an affected subdivision has notice of the water situation before committing to the purchase.
For families considering rural property in Arizona, understanding the water source is essential. A lot that requires water hauling may affect property value, insurance options, and day-to-day living. If you are purchasing a subdivision lot, check the recorded plat documents for any water-related disclosures.