Assigned to NREW AS
VETOED
Assigned to NREW AS
VETOED
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
VETOED
FINAL AMENDED
irrigation grandfathered right; containerized plants
Purpose
Allows an irrigation grandfathered right (IGFR) to be used to water containerized plants, subject to conditions and limitations.
Background
The 1980 Groundwater Management Act (Act) established Active Management Areas (AMAs) as part of a comprehensive management framework to address groundwater rights and groundwater overdraft. Currently, there are five AMAs: Phoenix, Tucson, Pinal, Prescott and Santa Cruz.
Under current law, the right to pump groundwater in an AMA is generally determined by historic use, which requires the land to have been irrigated with groundwater anytime between 1975 and 1980. These rights are known as grandfathered rights and fall into three categories: 1) non-irrigation grandfathered rights associated with retired irrigated land; 2) non-irrigation grandfathered rights not associated with retired irrigated land; and 3) IGFRs (A.R.S. §45-462). Grandfathered rights are subject to statutory restrictions and limitations.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Modifies restrictions that currently apply to the use of an IGFR in an AMA and allows a person to use the right to withdraw groundwater to water plants in containers that are on or above the surface of the ground if the plants are grown for:
a) sale or human consumption; or
b) use as feed for livestock or poultry.
2. Requires the amount of water used for containerized plants to be measured separately from groundwater used for irrigation of the certificated acres. The combined amount may not exceed the total amount allowed for the farm.
3. Prohibits registration of credits to a farm's flexibility account for any year in which an IGFR is used to water plants in containers.
4. Allows a person to request separate certificates for those acres dedicated to containerized plants and for acres dedicated to irrigation uses.
5. Specifies that use of groundwater to water plants in containers is considered a non-irrigation use only in AMAs.
6. Defines certificated acres.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Removes the authority to use an IGFR for containerized plants grown for plant research or plant breeding.
2. States that use of groundwater to water plants in containers is considered a non-irrgation use only in AMAs.
Governor's Veto Message
The Governor indicates in his veto message that S.B. 1510 fails to address pressing needs to manage the state's Colorado River resources and groundwater resources and does not consider consumer protections, legal protections or water conservation.
Senate Action House Action
NREW 2/12/18 DPA 5-2-1 EENR 3/13/18 DP 8-1-0-1
3rd Read 2/22/18 20-10-0 3rd Read 3/22/18 51-8-1
Vetoed by the Governor 3/29/18
Prepared by Senate Research
April 2, 2018
KK/IC/lat