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REFERENCE TITLE: interim groundwater review areas |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2836 |
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Introduced by Representative Griffin
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An Act
amending title 45, chapter 2, Arizona Revised Statutes, by adding article 3.1; 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. Title 45, chapter 2, Arizona Revised Statutes, is amended by adding article 3.1, to read:
ARTICLE 3.1. INTERIM WATER REVIEW AREAS
45-445. Interim water review areas; initiation procedures; petition
A. The designation of an interim water review area in any location not included in an active management area or an irrigation non-expansion area may be initiated by petition to the director signed by either:
1. At least one-fourth of the number of groundwater users within the boundaries of the groundwater basin or subbasin specified in the petition.
2. at least Ten percent of the registered voters residing within the boundaries of the groundwater basin or subbasin specified in the petition as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G. If a groundwater basin or subbasin is located in two or more counties, the number of registered voters required to sign the petition shall be at least ten percent of the registered voters residing within the boundaries of the groundwater basin or subbasin, as of the most recent report compiled by the county recorder in compliance with section 16-168, subsection G, within the county in which the plurality of the registered voters in the groundwater basin or subbasin resides.
b. The form of the petition shall be substantially similar to an initiative petition, and the applicant for such petition shall comply with the section 19-111, subsections A, B and E.
c. After receiving a petition signed by registered voters pursuant to subsection A, paragraph 2 of this section, the director shall transmit the petition to the county recorder of each county in which the groundwater basin or subbasin is located for verification of signatures. In addition, the director shall transmit a map of the groundwater basin or subbasin to the county recorder of each such county included. The map shall be on a scale adequate to show with substantial accuracy where the boundaries of the groundwater basin or subbasin cross the boundaries of county voting precincts. The director shall also transmit to the county recorder all other factual data concerning the boundaries of the groundwater basin or subbasin that may aid the county recorder in determining which registered voters of the county are residents of the groundwater basin or subbasin.
d. On verification that a sufficient number of persons signed the petition in support of ESTABLISHING an INTERIM water review area, the department shall hold a hearing as prescribed in section 45-445.01.
45-445.01. Hearings; boundaries; notice
A. If a petition is filed pursuant to section 45-445 with a sufficient number of signatures, the director shall hold a public hearing to describe The boundaries of the proposed interim water review area and to describe the effect of an interim water review AREA if ESTABLISHED.
B. The director shall give reasonable notice of the hearing, including publishing the notice once each week for two consecutive weeks in a newspaper of general circulation in each county in which the proposed interim water review area is located. The notice shall contain the time and place of the hearing, the legal description and a map clearly identifying and describing all lands to be included in the proposed interim water review area and any other information the director deems necessary.
C. The hearing shall be held at a location in the county in which the major portion of the proposed interim water review area is located not more than sixty days after the first publication of the notice of the hearing. At the hearing, the director shall present any relevant data from the department and shall describe the EFFECTS of the proposed formation of the interim water review area. Any person may appear at the hearing, either in person or by representative, and submit oral or documentary evidence regarding the proposed action.
45-445.02. Election; eligible voters; map
A. the department shall notify the county recorder when the hearing prescribed in section 45-445.01 is completed, and the county recorder shall provide notice to the county board of supervisors, who shall call for an election on the question of designating an interim water review area. NOTWITHSTANDING any other law, The election shall be conducted as prescribed in title 16, chapter 4, article 8.1, except that the election shall include the following as eligible voters:
1. Registered voters who reside inside the boundaries of the proposed interim water review area.
2. All Owners of privately owned land without regard to the owner's place of legal residence.
B. If a majority of the persons voting on the question approves the formation of the interim water review area, the interim water review area is ESTABLISHED, and The director shall file a true copy of the map of the interim water review area in the office of the county recorder of the county or counties in which the interim water review area is located.
45-445.03. Interim water review area; groundwater users
A. If an interim water review area is established pursuant to SECTION 45-445.02, only groundwater uses on land that occurred at any time during the five years preceding the date of the ESTABLISHMENT of the interim water review area may be continued and no additional uses of groundwater are allowed for a period of five years after the date the interim water review area is established.
B. On completion of the five-year period:
1. Subsection A of this section no longer applies and groundwater uses may be expanded and new groundwater uses are allowed.
2. The department shall review the status of groundwater in the interim water review area, shall estimate the amount of any change in groundwater levels in the area, shall submit a report on the DEPARTMENT'S findings to the SPEAKER of the house of REPRESENTATIVES, the PRESIDENT of the senate and the governor and shall provide a copy of this report to the secretary of state.