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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
ENACTED
FACT SHEET FOR H.B. 2484/S.B. 1221
irrigation grandfathered right; containerized plants
Purpose
Allows an irrigation grandfathered right to be used to water containerized plants, subject to conditions and limitations.
Background
The 1980 Groundwater Management 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) irrigation grandfathered rights (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. Allows a person who holds a certificate of irrigation grandfathered right to withdraw groundwater to water plants in containers on or above the surface of the certificated acres, if the plants are grown for sale, for human consumption or for use as feed.
2. Designates the use of groundwater to water plants in containers on or above the surface of the ground as a non-irrigation use in an AMA.
3. Requires the person to separately measure groundwater used for watering containerized plants and groundwater used for irrigation on the certificated acres.
4. Prohibits total groundwater used for containerized plants and for irrigation use from exceeding the amount allowed by the irrigation water duty for the farm.
5. Prohibits the Director of the Arizona Department of Water Resources (Director) from registering credits to the farm’s flexibility account in any year the person who holds the certificate of irrigation grandfathered right uses groundwater to water containerized plants.
6. Directs the Director to separate a certificate of irrigation grandfathered right, on request of the certificate holder, into two certificates:
a) one for certificated acres on which containerized plants are watered with groundwater; and
b) one for certificated acres on which groundwater is used for an irrigation use.
7. Specifies that the certificated acres associated with each separated certificate are considered separate farm flexibility accounts.
8. Prohibits the Director from separating a certificate of irrigation grandfathered right if the separated certificate would result in the issuance of a certificate of irrigation grandfathered right with less than two certificated acres.
9. Defines certificated acres as the acres described on the certificate of irrigation grandfathered right.
10. Becomes effective on the general effective date.
House Action Senate Action
NREW 2/5/19 DP 13-0-0-0 WAG 2/14/19 DP 4-2-1
3rd Read 2/14/19 60-0-0 3rd Read 2/19/19 27-3-0
(H.B. 2484
was substituted for S.B. 1221 on
3rd Read)
Signed by the Governor 2/20/19
Chapter 7
Prepared by Senate Research
February 22, 2019
KN/gs