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REFERENCE TITLE: irrigation districts; uses; drainage permit |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1595 |
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Introduced by Senator Kerr
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AN ACT
amending sections 45-497 and 45-519, Arizona Revised Statutes; 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 45-497, Arizona Revised Statutes, is amended to read:
45-497. Withdrawal of groundwater by irrigation districts for municipal or industrial purposes
A. This article shall does not be construed to enlarge the authority of an irrigation district to withdraw and distribute groundwater for municipal or industrial purposes.
B. An industrial user may not obtain groundwater delivery service from an irrigation district in excess of the amount it was entitled to receive on the date of the designation of the active management area unless the industrial user has acquired a grandfathered right or has obtained a general industrial use permit pursuant to section 45-515. An industrial user that has been issued a general industrial use permit pursuant to section 45-515 may, at any time, may elect to receive groundwater from an irrigation district in the amount specified in the permit if:
1. The director approves the delivery of such the groundwater.
2. The irrigation district agrees to deliver such the groundwater.
3. The industrial use is located within the exterior boundaries of the service area of the irrigation district.
4. The terms of the permit are modified pursuant to section 45-525.
C. An industrial user or a municipal water provider may obtain groundwater delivery service from an irrigation district that qualifies for the exemptions prescribed in section 45-411.01 if all of the following apply:
1. The irrigation district holds a drainage water withdrawal permit issued pursuant to section 45-519 and the total amount of water delivered under this subsection does not exceed the allowed volume of that drainage water withdrawal permit.
2. The groundwater is delivered to the industrial user or municipal water provider at a location within the exterior boundaries of the irrigation district for transportation for a use EITHER INSIDE OR outside the exterior boundaries of the irrigation district.
3. The irrigation district agrees to deliver the groundwater.
4. The delivery of groundwater must terminate on the expiration of the exemptions prescribed in section 45-411.01 or on expiration of the drainage water withdrawal permit issued pursuant to section 45-519, WHICHEVER FIRST OCCURS.
D. If the industrial use for which service from the irrigation district is sought under subsection C of this section is located within a city or town, the industrial user must first request service from that city or town or a private water company servicing the location of the proposed use. That city, town or private water company shall have the right to serve the industrial use and if the city, town or private water company agrees to service at the customary rate in the customary MANNER, the irrigation district shall not serve the industrial use.
Sec. 2. Section 45-519, Arizona Revised Statutes, is amended to read:
45-519. Drainage water withdrawal permit; conditions for issuance
A. A person may apply for and the director may issue a drainage water withdrawal permit if the director determines that drainage of irrigated lands is necessary for a reasonable economic return from agricultural production in respect to those lands and the withdrawal of such groundwater is consistent with the management plan and achievement of the management goal for the active management area.
B. The holder of a permit issued under subsection A of this section may:
1. Use groundwater withdrawn pursuant to the permit for a non-irrigation use if the person holds a non-irrigation grandfathered right pursuant to article 5 of this chapter, a general industrial use permit pursuant to section 45-515 or a service area right pursuant to article 6 of this chapter.
2. Convey groundwater withdrawn pursuant to the permit to another person for a non-irrigation use if the person receiving the groundwater holds a non-irrigation grandfathered right pursuant to article 5 of this chapter, a general industrial use permit pursuant to section 45-515 or a service area right pursuant to article 6 of this chapter.
3. If the holder of the permit is an irrigation district that QUALIFIES for the exemptions prescribed by section 45-411.01, DELIVER groundwater to INDUSTRIAL users or municipal water providers in a total amount not to exceed the volume of the permit if all conditions prescribed in section 45-497, subsection C are met.
C. When determining compliance with the applicable conservation requirements established pursuant to sections 45-565, 45-565.01, 45-566, 45-566.01, 45-567, 45-567.01, 45-568 and 45-568.01, the director shall account for groundwater withdrawn pursuant to a permit issued pursuant to subsection A of this section as surface water if the groundwater is withdrawn before January 1, 2035 from within the boundaries of the exempted area prescribed by section 45-411.01, subsection E and is used pursuant to subsection B of this section at a turf related facility or riparian habitat within the exempted area. The director shall cease accounting for the groundwater as surface water on expiration of the exemptions provided for in section 45-411.01 or on termination of the permit, whichever occurs first.
D. The director shall monitor withdrawals of groundwater pursuant to a drainage water withdrawal permit and shall terminate the permit if the conditions for issuance specified in subsection A of this section no longer apply. A permit issued pursuant to this section may be renewed subject to the same criteria used in granting the original permit.