45-2641. Irrigation of new lands in Gila river maintenance area with water withdrawn or diverted from Gila river maintenance area impact zone prohibited; exception

A. Except as provided in subsection B of this section, a person shall not use water withdrawn or diverted within the Gila river maintenance area impact zone to irrigate land within the Gila river maintenance area unless the land was irrigated with water from any source at any time from January 1, 2000 through the effective date of this section.  For the purposes of this section, water is withdrawn or diverted within the Gila river maintenance area impact zone if one of the following applies:

1. The water is withdrawn from a well located within the Gila river maintenance area impact zone.

2. The water is surface water diverted on the surface at a location within the Gila river maintenance area impact zone.

3. The water is withdrawn by a well located outside of the Gila river maintenance area impact zone and the well’s cone of depression captures surface water within the Gila river maintenance area impact zone as determined by a cone of depression test adopted by the superior court with jurisdiction over the general adjudication of all rights to use water in the Gila river system and source.

B. This section does not apply to:

1. The irrigation of lands pursuant to an appropriative right with a priority date earlier than the effective date of this section and the irrigation of lands to which the right is severed and transferred.

2. The irrigation of lands if the irrigation is allowed under the settlement agreement.

3. The irrigation of lands within the portion of the Gila river maintenance area located in Cochise county.

4. The irrigation of lands if the irrigation is allowed under the globe equity decree or under other rights decreed before the effective date of this section and the irrigation of lands to which the right is severed and transferred.

C. Any violations of this article are subject to enforcement under article 6 of this chapter on the effective date of article 6 of this chapter, and such enforcement may include injunctive relief that requires removal of any structures constructed in violation of this article. Any delay between the date of the alleged violation of this article and the date of any enforcement action pursuant to article 6 of this chapter shall not be a factor in determining whether to issue an injunction pursuant to article 6 of this chapter.