ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

HB 2836: interim groundwater review areas

Sponsor: Representative Griffin, LD 14

Committee on Natural Resources, Energy & Water

Overview

Establishes a process for designating an interim groundwater area in places outside of an active management area (AMA) or irrigation non-expansion area (INA) and outlines a process and timeline for designating such an area.

History

There are two ways communities can actively regulate and manage groundwater usage:

1) Local landowners can petition the Arizona Department of Water Resources (ADWR) Director to designate an irrigation non-expansion area (INA) for one or more groundwater basins or sub-basins. The ADWR Director will do so upon determining that there is insufficient groundwater to provide a reasonably safe supply for irrigating cultivated lands at current withdrawal rates and establishing an active management area is unnecessary (A.R.S.§ 45-432). Once designated, those lands that were irrigated at any time during the five years preceding its creation can be irrigated. Non-exempt wells must be metered and well owners must submit annual reports to ADWR (A.R.S. § 45-437); and

2) Local landowners can petition their county board of supervisors to designate an AMA for one or more groundwater basins or sub-basins. If the petitioners meet a certain statutory threshold, an election will be called (A.R.S. § 45-415). If the voters approve designating an AMA, the ADWR Director must establish a management goal and a timeline for achieving that goal and promulgate an initial management plan for that area. The management goal and any management plans can only be adopted after public hearings (A.R.S. § 45-569). Additionally, once this AMA is designated, a groundwater users advisor council (GUAC) will be formed to advise the AMA's area director and make recommendations on programs and policies (A.R.S. § 45-421). Each GUAC consists five members who are appointed by the Governor and serve six-year terms (A.R.S. § 45-420).

Provisions

1. Authorizes the ADWR Director to declare an interim groundwater review area any place outside of an AMA or INA upon receiving a petition from at least either 25% of groundwater users within the specified groundwater basin or sub-basin or 10% of registered voters within the groundwater basin or sub-basin. (Sec. 1)

2. Instructs the ADWR Director to transmit this petition to the appropriate county recorder(s) to verify the signatures along with a map of the proposed area and other information to help this process. (Sec. 1)

3. Requires, if there are sufficient signatures, the ADWR Director to hold a hearing on the boundaries and impact of the proposed area in a county containing most of the area. (Sec. 1)

4. Allows any person to submit evidence on the proposed action at this hearing. (Sec. 1)

5. Directs the appropriate county board of supervisors, after the hearing is held, to call for an election on designating the area in the same manner as a special district election, except that it will include registered voters within the proposed area and all owners of privately owned land. (Sec. 1)

6. Declares that the area is established upon a majority of people voting in favor on this question. (Sec. 1)

7. Prohibits, upon designating such an area, groundwater uses on land that were not already in place during the previous five years. (Sec. 1)

8. Forbids additional groundwater uses for five years after the area's designation. (Sec. 1)

9. After the five-year moratorium on additional groundwater uses ends:

a) Allows additional groundwater uses; and

b) Requires ADWR to review the status of the area's groundwater, estimate the change in groundwater levels and submit a report of its findings. (Sec. 1)

e) ---------- DOCUMENT FOOTER ---------

f) HB 2836

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

i) ---------- DOCUMENT FOOTER ---------