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REFERENCE TITLE: assured water; supply; nonlocal water |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2258 |
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Introduced by Representative Cook
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AN ACT
amending section 45-468, Arizona Revised Statutes; AMENDING title 45, chapter 2, article 9, Arizona Revised Statutes, by adding section 45-576.10; 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. Section 45-468, Arizona Revised Statutes, is amended to read:
45-468. Accounting of water by persons delivering a combination of surface water and groundwater for irrigation uses
A. A person delivering a combination of surface water or effluent, or both, and groundwater for irrigation uses shall prior to before the beginning of each accounting period estimate the amount of groundwater that will be withdrawn and delivered during the next accounting period and shall make such the estimate available to the director. The estimate may be modified from time to time as conditions warrant.
B. Within ninety days following the end of each accounting period a person who delivers a combination of surface water or effluent, or both, and groundwater for uses by cities, towns, private water companies, industries, farms or other users shall provide the director with an accounting for water during the past accounting period which that shows the following:
1. All surface water provided to each class of user and each farm user authorized to withdraw groundwater.
2. All groundwater provided to each class of user and each farm user authorized to withdraw groundwater.
3. All effluent provided to each class of user and each farm user authorized to withdraw groundwater.
C. If a water provider or any other person delivers water to a user through a delivery system that commingles groundwater with surface water or effluent, or both, the amount of groundwater charged to the user pursuant to the accounting in subsection B of this section shall be computed as follows:
1. Determine the total amount of water delivered to the user through the system during the accounting period.
2. Determine the amount of surface water and effluent that would have been delivered to the user through the system during the accounting period if no groundwater had been delivered through the system.
3. Subtract the amount determined pursuant to paragraph 2 from the amount determined pursuant to paragraph 1.
D. This section does not change the applicability, if any, of groundwater conservation rules to water supplies that physically contain groundwater.
Sec. 2. Title 45, chapter 2, article 9, Arizona Revised Statutes, is amended by adding section 45-576.10, to read:
45-576.10. Certificates of assured water supply; nonlocal groundwater; water from outside active management area
For an application for a certificate of assured water supply that proposes to use a water supply other than groundwater withdrawn from within the active management area in which the proposed development is located, All of the following apply:
1. The proposed source shall be deemed consistent with the goal of the active management area.
2. If the proposed source is stored water recovered within the area of impact as defined in section 45-802.01, the proposed source shall be deemed physically available and the director shall not review the physical availability of other sources of water served by the MUNICIPAL PROVIDER or included in an issued certificate of assured water supply or designation of assured water supply in the active management area.
3. If a municipal PROVIDER proposes to use a source of water prescribed by this section in the same water system with central arizona project water, surface water, effluent or groundwater, the proposed source does not affect the continuous, legal and physical availability of the proposed source, without regard to the continuous, legal and physical availability of other supplies within the same municipal provider's water system, including groundwater withdrawn within the active MANAGEMENT area in which the proposed CERTIFICATE of assured water supply is located.