ARIZONA HOUSE OF REPRESENTATIVES

SB 1510: irrigation grandfathered right; containerized plants

PRIME SPONSOR: Senator Griffin, LD 14

BILL STATUS: House Engrossed

Abstract

Relating to containerized plants.

Provisions

1. Declares the use of groundwater for containerized plants on or above ground is a non-irrigation use in an AMA. (Sec. 1)

2. Allows a person who holds an IGFR in an AMA to withdraw groundwater for containerized plants on or above the surface of certificated acres if the plants are grown for:

a. sale or human consumption; or

b. livestock or poultry feed. (Sec. 1)

3. Requires separate measurement of groundwater for containerized plants and groundwater used for an irrigation use. (Sec. 1)

4. Prohibits the total amount of water used for containerized plants from exceeding the farm's allotted amount. (Sec. 1)

5. Prohibits the registration of credits to a farm's flexibility account in any year groundwater is used for containerized plants. (Sec. 1)

6. Requires, on request, separation of an IGFR certificate into:

a. one certificate for those certificated acres use groundwater for containerized plants; and

b. one certificate for those certificated acres that groundwater is used for an irrigation purpose. (Sec. 1)

7. Prohibits separation of an IGFR certificate if it would result in the issuance of a certificate for less than two certificated acres. (Sec. 1)

8. Specifies the certificated acres associated with each certificate are considered a separate farm. (Sec. 1)

9. Defines certificated acres. (Sec. 1)

Current Law

In an AMA a person who was legally withdrawing and using groundwater as of the AMA designation date or who owns land legally entitled to be irrigated with groundwater has the right to withdraw or receive and use groundwater as determined by the ADWR Director (A.R.S. § 45-462). To irrigate means the application of water to two or more acres of land to produce plants for sale or human consumption or for use as livestock or poultry feed (A.R.S. § 45-402). A person who uses less water than the amount allowed may use the remaining amount in a succeeding accounting period or convey or sell the credits, with limitations (A.R.S. § 45-467).

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Fifty-third Legislature                  SB 1510

Second Regular Session                               Version 3: House Engrossed

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