ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session

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HB 2056: fifth management period; extension

S/E: Colorado River; transfers; prohibitions

Sponsor: Representative Griffin, LD 14

Committee on Natural Resources, Energy & Water

Overview

Prohibits transfers of fourth priority Colorado River water to any location more than five miles away from the river for uses other than agricultural, municipal, domestic, commercial or industrial use.

History

The Colorado River's waters have been allocated by nearly a century of federal law, compacts, contracts, agreements, court decisions and decrees, treaties and other regulatory documents which are collectively known as the "Law of the River." Under the Law of the River, each state in the Colorado River basin is allocated a portion of the river's water. In the United States, the Bureau of Reclamation (Bureau) manages the river, primarily through the operation of various reservoirs that store and release waters to generate hydro-electric power, control flooding and deliver water. The Bureau carries out the Secretary of Interior's (Secretary) role as the water master for the Lower Basin states by contracting with entities to deliver water.

A Colorado River water entitlement is a right to divert and consumptively use Colorado River water within the applicable state apportionments. An entitlement can be obtained through: 

1) Contracts with the Secretary pursuant to the Boulder Canyon Project Act of 1928 (called Section 5 contracts) (43 U.S.C. § 617d);

2) Decreed by the U.S. Supreme Court in Arizona v. California, 547 U.S. 150 (2006) ("present perfected rights"); and

3) Reservations the Secretary makes for federal purposes.

To manage Arizona's Colorado River diversions, the Bureau has established the following priority of water rights:

1) Priority 1 consists of present perfected rights established in Arizona v. California;

2) Priority 2 is for federal enclaves and reserved water rights established or effective before September 30, 1968;

3) Priority 3 consists of the Section 5 contracts issued before September 30, 1968;

4) Priority 4 consists of Section 5 contracts issued after September 30, 1968 (limited to 164,652 acre-feet of annual diversions) and the Central Arizona Water Conservation District's contract;

5) Priority 5 is for water within Arizona’s 2.8 million acre-feet allocation in Arizona v. California that is not being used by a right holder; and

6) Priority 6 is for Arizona’s share of any surplus allocation released by the Secretary based on this official's authority as established in Arizona v. California.

There is a multi-step public process for transferring a Colorado River water entitlement which involves the Arizona Department of Water Resources Director making a recommendation to the Secretary regarding such a transfer and the Secretary evaluating the recommendation and arriving at a determination on the transfer (A.R.S. § 45-107 and ADWR Substantive Policy Statement CR11 Policy and procedure for transferring an Entitlement of Colorado River Water).

Provisions

1. Prohibits a person with a contract right to use fourth priority Colorado River water subject to the Boulder Canyon Project Act and available to water users in Arizona for use in-state from transferring or otherwise conveying that claim for using that water:

a) For use other than an agricultural, municipal, domestic, commercial or industrial use; and

b) To any location in Arizona further than five miles from the Colorado River. (Sec 1)

c)

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f)                         HB 2056

g) Initials PAB     Page 0 Natural Resources, Energy & Water

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