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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
subsequent irrigation non-expansion areas; procedures
Purpose
Allows the Director of the Arizona Department of Water Resources (ADWR) to designate an Irrigation Non-expansion Area (INA) upon determination that there is insufficient groundwater to provide reasonable safe irrigation at reasonable projected rates of withdrawal, rather than at the current rates of withdrawal, under certain circumstances. Modifies requirements for local petition for designation of a subsequent INA.
Background
As part of the 1980 Groundwater Management Act, the Legislature established two initial INAs to manage groundwater in areas that were identified to meet the following criteria: 1) the area has insufficient groundwater to provide a reasonably safe supply for irrigation of the cultivated lands at the current rate of withdrawal; and 2) the establishment of an Active Management Area (AMA) is not necessary. Statute prohibits irrigation of acres within an INA that were not irrigated within the five years preceding INA designation, with exceptions. Additionally, a person withdrawing groundwater from a non-exempt well for irrigation or more than 10 acre feet per year for non-irrigation must measure the groundwater withdrawal and annually report the withdrawal to ADWR (A.R.S. § 45-437).
Current statute grants the Director of ADWR (ADWR) the authority to designate a subsequent INA upon determination that a geographic area that consists of one or more groundwater basins or subbasins not within an AMA meets the criteria for INA designation (A.R.S. § 45-432).
Additionally, the designation of a subsequent INA may be initiated by a petition submitted to the Director of ADWR that is either: 1) signed by at least 25 irrigation users of groundwater or one-fourth of the irrigation users of groundwater in the groundwater basin or subbasin specified in the petition; or 2) signed by at least 10% of the registered voters in the specified groundwater basin or subbasin. The petition must be submitted in the same way and comply with the same requirements as a voter initiative (A.R.S. § 45-433).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Director’s Designation of a Subsequent INA
1. Replaces, in the process for the Director to designate a subsequent INA, the criteria that the designated area has insufficient groundwater to provide reasonably safe irrigation at the current rates of withdrawal with the criteria that the designated area has insufficient groundwater to provide reasonably safe irrigation at reasonable projected rates of withdrawal.
2. Allows the Director, in making the determination, to consider credible evidence that indicates likely future changes to rates of withdrawal.
3. Defines reasonably safe supply for irrigation as a reliable source of groundwater for irrigation for 100 years.
Local Petition for a Subsequent INA Designation
4. Requires an irrigation user of groundwater to meet the following criteria to be eligible to sign the petition for designation of a subsequent INA:
a) the groundwater user is the owner of the irrigated land and not a lessee or other person applying water on behalf of the land owner;
b) the groundwater user has irrigated at least two acres of land within the specified basin or subbasin within the preceding 5 years; and
c) the groundwater user is capable of irrigating the land in the future.
5. Replaces the requirement for a petition for a subsequent INA to be on the same form as an initiative petition and the requirement that the petition comply with statutory requirements for initiatives and referendums with a requirement that the County Recorder provide the voter petition form.
6. Requires a local petition for a subsequent INA to be submitted to the Director within one year after the County Recorder issues the voter petition form.
7. Requires a submitted local petition for a subsequent INA to:
a) include a numeric groundwater flow model and hydrologic report that uses an approved analysis model; and
b) be signed and sealed by a professional geologist or engineer who is registered with the Board of Technical Registration.
8. Requires at least one petitioner to consult ADWR on the groundwater flow model and hydrologic report before the petition is submitted.
9. Allows the Director to deny a petition if the Director determines that the accompanying flow model or hydrologic report is deficient after providing the petitioners a reasonable opportunity to correct deficiencies.
10. Requires the Director to determine whether a petition complies with outlined requirements for sufficient signers and accompanying groundwater flow model and hydrologic report and specifies that:
a) the Director is not required to hold a hearing on the sufficiency of the petition;
b) a decision of the Director that a petition complies is not subject to judicial review; and
c) a decision of the Director that a petition is incompliant is an agency decision that is appealable pursuant to uniform administrative hearing procedures.
Hearing on a Designation of a Subsequent INA
11. Deems the findings and order filed by the Director on a hearing of a designation of a subsequent INA as a final determination for purposes of the limitation on irrigated acres that is not an appealable agency action.
12. Subjects the findings and order of the Director to judicial review on the 31st day after the last date of publication of the Director's summary of the findings and order.
13. Limits eligible persons to file an action for judicial review of the Director's order to only persons who are petitioners and persons who submitted oral or documentary evidence and the public hearing for designation of a subsequent INA.
14. Limits the grounds for judicial review of the Director's order to only issues raised in the petition or evidence submitted at the public hearing.
15. Allows a person to continue to irrigate acres if the Director's decision to not designate a subsequent INA is reversed, if the acres in the subsequent INA were irrigated after the Director's decision and before the decision was reversed.
16. Prohibits a person from filing a subsequent petition within three years of the Director's finalized decision to refuse to designate the area as a specified INA.
17. Specifies that the Director may continue a hearing on designation of a subsequent INA for good cause.
Miscellaneous
18. Makes technical and conforming changes.
19. Becomes effective on the general effective date.
Prepared by Senate Research
February 18, 2020
KN/gs