|
REFERENCE TITLE: water; west basin advisory councils |
|
State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
|
|
HB 2143 |
|
|
|
Introduced by Representatives Cobb: Biasiucci
|
AN ACT
amending title 45, chapter 2, article 4, Arizona Revised Statutes, by adding section 45-456; relating to the groundwater code.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 45, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 45-456, to read:
45-456. West basin water users advisory councils; Mohave and La Paz counties; membership; report; council termination
A. The Mohave County west basin water users advisory council and the La Paz County west basin water users advisory council are ESTABLISHED, each consisting of ten members. The ten members of the Mohave county west basin water users advisory council are appointed to represent the users of groundwater in the Hualapai Valley basin and the Sacramento Valley basin. The ten members of the La Paz county west basin water users advisory council are appointed to represent the users of groundwater in the Renegras Plain basin, the McMullen Valley basin and the Butler Valley basin.
B. The governor shall appoint eight Members of each advisory council within six months after the effective date of this section after receiving the nonbinding advice of the respective Board of Supervisors for that county. The governor shall appoint members on the basis of their knowledge of, interest in and experience with the development, use and conservation of water. For each west basin water users advisory council, the eight members must reside or own property in that County, and those members shall be as follows:
1. For the mohave county west basin water users advisory council, two members of a County Farm Bureau Livestock Association for Mohave County, and for the la Paz County west basin water users advisory council, two members of a County Farm Bureau association for La Paz County.
2. one County Supervisor from the respective county.
3. One City or Town Council Member or the Mayor from a city or town that is located in the respective county.
4. one person who represents industrial water users in the respective county.
5. one person who represents a natural resource conservation district that is located in the respective county.
6. One person who represents mining water users in the respective county.
7. one member of the public who owns five or more water wells in the applicable county.
C. Two legislators shall be appointed to each advisory council within six months after the effective date of this section or within six months after the election of any new legislators as follows to serve as advisory nonvoting members who are not members for the purpose of determining whether a quorum is present:
1. One member of the house of REPRESENTATIVES who is appointed by the Speaker of the house of representatives and who represents a legislative district that contains one or more of the basins prescribed in subsection A of this section.
2. One member of the senate who is appointed by the President of the Senate and who represents a LEGISLATIVE district that contains one or more of the basins prescribed in subsection A of this section.
D. The term of office of each member who is appointed pursuant to subsection B of this section is six years. For each advisory council, the terms of two members expire on the third Monday of January each even‑numbered year, except that on each third even-numbered year, the term of one member expires. At their first meeting, the initial Members of the council shall determine by lot the length of each member's term of office, and all subsequent terms of office are six years.
E. Members of the advisory councils are not eligible to receive compensation, but members are eligible for reimbursement from the department for travel and subsistence while engaged in advisory council business under title 38, chapter 4, article 2.
F. Each west basin water users advisory council established pursuant to this section shall:
1. Receive and analyze all groundwater withdrawal data developed by the department, advise the Director and make recommendations on sound groundwater management programs and policies for the basins prescribed in subsection A of this section, review and advise the director regarding the independent consultant's report in which the independent consultant estimates the rate of groundwater depletion in the northwest basins planning area and estimates the number of years of groundwater that remains in the basins, and develop and make comments to the director on MANAGEMENT goals and develop and make comments to the director on any draft best management practices for the basins before plans for the basins are proposed to the legislature. Each advisory council shall submit a report of its recommendations to the director, the governor, the speaker of the house of representatives and the president of the senate on or before December 31, 2022 and shall provide a copy of this report to the secretary of state. It is the intent of the legislature that only recommendations transmitted to the director by the advisory councils be considered for enactment into law by the Legislature.
2. Analyze the utility of underground water storage in the basins prescribed in subsection A of this section and provide comments and recommendations to the director regarding that storage.
3. Keep the minutes of its meetings and all records, reports and other information relative to its work and programs in permanent form, systematically indexed and filed with the department.
4. Elect from its members a chairperson and vice chairperson for terms of two years expiring on the third Monday of January of each even‑numbered year.
5. Designate the person or persons to execute all documents and instruments on behalf of the advisory council.
6. Manifest and record its actions by motion, resolution or other appropriate means.
7. Make a complete record of its proceedings. Each advisory council shall make these records open to public inspection during regular business hours by making the records available in the office of the clerk of the board of supervisors in the respective county or by posting the records on a public website.
G. The advisory councils established by this section end on July 1, 2027 pursuant to section 41‑3103.