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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
Harquahala non-expansion area; groundwater transportation
Purpose
Allows a public service corporation to withdraw groundwater from the Harquahala Irrigation Non-expansion Area (Harquahala INA) for transportation to an initial Active Management Area (AMA) if specified requirements are met.
Background
Statute allows the state or a political subdivision that owns land
eligible to be irrigated in the Harquahala INA to withdraw groundwater from the
land for transportation to an initial AMA for its own use or use by the Arizona
Water Banking Authority (AWBA) in an amount: 1) per acre of the eligible land,
not to exceed 6 acre-feet per year or 30 acre-feet per 10 consecutive years; or
2) established, after consideration of potential damage to residents of
surrounding land and other water users in the Harquahala INA, by the Director
of the Arizona Department of Water Resources (ADWR). The groundwater must be
withdrawn from a depth to 1,000 feet or at a rate that, when added to the
existing rate of withdrawals in the area, does not cause the groundwater table
to decline more than an average of 10 feet per year during the 100 year
evaluation period
(A.R.S.
§ 45-554).
Land irrigated any time during the five years preceding the Harquahala INA notice of initiation date is considered eligible, unless the right to irrigate the land has been severed or the acres have been retired from irrigation (A.R.S. § 45-437). According to ADWR, the notice of initiation date for the Harquahala INA is January 6, 1981 (ADWR).
A public service corporation is any corporation other than
municipal engaged in:
1) furnishing gas, oil or electricity for light, fuel or power; 2) furnishing
water for irrigation, fire protection or other public purposes; 3) furnishing
hot or cold air or steam for heating or cooling purposes, for profit; 4)
collecting, transporting, treating, purifying and disposing of sewage through a
system, for profit; 5) transmitting messages or furnishing public telegraph or
telephone service; or 6) operating as common carriers (Ariz.
Const. art. 15 § 2).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a public service corporation to withdraw groundwater from Harquahala INA land for transportation to an initial AMA for its own use or use by the AWBA if the corporation:
a) is regulated by the Arizona Corporation Commission;
b) holds a certificate of convenience and necessity for water service in an initial AMA;
c) owns land eligible to be irrigated in the Harquahala INA; and
d) collects all costs associated with withdrawing, transporting and delivering groundwater away from the Harquahala INA from the customers of the water distribution system of the corporation where the transported groundwater is used.
2. Requires groundwater transported away from the Harquahala INA to be used by customers of an eligible transporter within five years after transportation.
3. Prohibits groundwater transported away from the Harquahala INA from being sold or otherwise conveyed for use other than by an eligible entity.
4. Requires the Director of ADWR to adopt rules regarding compliance and reporting for Harquahala INA transportation requirements imposed by this legislation.
5. Makes technical changes.
6. Becomes effective on the general effective date.
House Action
NREW 1/18/22 DP 7-5-0-0
3rd Read 2/23/22 32-26-1-1
Prepared by Senate Research
March 4, 2022
RC/slp