ARIZONA HOUSE OF REPRESENTATIVES

HB 2484: irrigation grandfathered right; containerized plants

PRIME SPONSOR: Representative Griffin, LD 14

BILL STATUS: Natural Resources, Energy and Water

Overview

Allows an irrigation grandfathered right (IGFR) to be used to water containerized plants in an active management area (AMA).

History

The right to withdraw or receive and use groundwater in an AMA is considered a grandfathered right. Grandfathered rights are given to a person who either owns land that is legally entitled to be irrigated with groundwater or was legally withdrawing and using groundwater as of the date of the designation of the AMA. These rights 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).

Statute allows a person who uses less water than the annual allowed amount to receive credits in a flexibility account to use or sell the remaining amount of credits in a succeeding year, with various restrictions and limitations (A.R.S. § 45-467).

Provisions

1. Declares the use of groundwater to water plants in containers on or above ground in an AMA as a non-irrigation use. (Sec. 1)

2. Allows a person that holds an IGFR in an AMA to use groundwater to water plants in containers on or above ground if the plants are grown for sale, human consumption or feed for livestock or poultry. (Sec. 1)

3. Requires separate measurement for groundwater used for containerized plants and groundwater used for irrigation. (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 Director of the Arizona Department of Water Resources (ADWR) from registering credits to a farm's flexibility account in any year that the farm uses groundwater for containerized plants. (Sec. 1)

6. Requires the Director of ADWR, on request, to separate an IGFR certificate into:

a. one certificate for the acres that use groundwater for containerized plants; and

b. one certificate for the acres that use groundwater for irrigation. (Sec. 1)

7. Prohibits the Director of ADWR from separating a certificate if it would result in the issuance of an IGFR with less than two certificated acres. (Sec. 1)

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

9. Defines certificated acres. (Sec. 1)

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13. Fifty-fourth Legislature                       HB 2484

14. First Regular Session                            Version 1: Natural Resources, Energy and Water

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