ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: NREW DPA 7-3-0-0

HB 2441: water; substitute acreage

Sponsor:  Representative Griffin, LD 14

Caucus & COW

Overview

Allows someone to permanently retire acreage from irrigation and substitute the same amount of acreage if those retired lands were damaged by a flood or have a limiting condition, if the person can meet certain criteria.

History

Statute allows those who own land that can be legally irrigated in an active management area (AMA) or an irrigation non-expansion area (INA) to apply to the Arizona Department of Water Resources (ADWR) Director to permanently retire those lands from irrigation and instead irrigate a substitute amount of acreage if they can meet certain prescribed statutory criteria.

In an INA, someone can pursue this substitution when:

1)   Central Arizona Project water is available and will be used to irrigate substitute acreage which is outside a municipality's or water company's service area but part of the same irrigation district (A.R.S. § 45-437.01);

2)   Floodwaters damaged the land after it was irrigated and it is economically infeasible to restore the damaged acreage to irrigation use (A.R.S. § 45-437.02); and

3)   There is a limiting condition on the retired acreage and substituting other acreage will reduce this condition and facilitate implementing more efficient irrigation practices (A.R.S. § 45-437.03).

In an AMA, someone can pursue this substitution when:

1)   The lands to be retired were irrigated at any time during the five years preceding January 1, 1980 but were damaged by floodwaters after being irrigated and it is economically infeasible to restore the flood damaged acres for irrigation. Additionally, the owner must have an irrigation grandfathered right for the flood damaged acres (A.R.S. § 45-465.01); and

2)   There is a limiting condition on the retired acreage that has an irrigation grandfathered right and substituting other acreage (to which this right is not appurtenant) will reduce this condition and facilitate implementing more efficient irrigation practices. The retired acreage will relinquish its irrigation grandfathered rights, which will then become appurtenant to the substitute acreage (A.R.S. § 45-465.02).

There are no statutory provisions on substituting acreage for irrigation outside of an INA and AMA.

Statute allows someone to sever a water right from the land to which it is appurtenant or, if the water was not used for irrigation, from the site where it is used. With the water right owner's approval, this right can be transferred for other uses such as municipal, stock watering, mining and wildlife. There are certain conditions and limitations that apply to severing and transferring this right outlined in statute (A.R.S. § 45-172).

 

Provisions

Flood Damaged Lands (Sec. 1)

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows someone who owns lands that can be legally irrigated to permanently retire acreage from irrigation and substitute the same amount of acreage in a contiguous farm unit if they notify the ADWR Director that:

a)   The irrigated acreage was damaged by floodwaters after being irrigated; and

b)   It is not economically feasible to restore the flood damage acreage to irrigation use.

2.   Declares that substituting acreage does not affect the person's existing or vested rights to use water except the place of use.

3.   Limits the water diverted or used after acreage substitution to the amount of that person's vested water rights that existed when the substitution occurred. 

4.   Exempts this substitution from the statutory requirements for severing and transferring water rights.

5.   Instructs the ADWR Director to post the notice on the department's website.

6.   Defines farm unit and floodwaters.

Lands with a Limiting Condition (Sec. 2)

7.   Allows someone who owns lands that are contiguous and can be legally irrigated to permanently retired acreage from irrigation and substitute the same amount of acreage if they notify the ADWR Director that:

a)   A limiting condition that substantially impedes implementing efficient irrigation practices exists on the retired acreage;

b)   Substituting acreage will substantially reduce the limiting condition and facilitate implementation of efficient irrigation practices;

c)   The substitute acreage is within the same farm unit as other irrigated acreage;

d)   If the retired acreage is within an irrigation district's exterior boundaries, the substitute acreage must also be within those same boundaries; and

e)   The land area for substitute acreage that can be irrigated does not exceed the land area for retired acreage that can be irrigated.

8.   Declares that substituting acreage does not affect the person's existing or vested rights to use water except the place of use.

9.   Limits the water diverted or used after acreage substitution to the amount of that person's vested water rights that existed when the substitution occurred.

10.  Exempts this substitution from the statutory requirements for severing and transferring water rights.

11.  Instructs the ADWR Director to post the notice on the department's website.

12.  Defines farm unit and limiting condition.

Amendments

Committee on Natural Resources, Energy & Water

1.   Makes a technical correction.

 

 

 

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                        HB 2441

Initials PAB     Page 0 Caucus & COW

 

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