ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: NREW DP 6-4-0-0

HB 2442: temporary non-expansion area

Sponsor: Representative Griffin, LD 19

Caucus & COW

Overview

Establishes a process for designating a temporary non-expansion 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 (AMA) 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 advisory 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 of five members who are appointed by the Governor and serve six-year terms (A.R.S. § 45-420).

Provisions

Designation Process

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows the designation of a temporary non-expansion area in locations outside of an INA or AMA to be initiated by a petition to the ADWR Director signed by both of the following:

a)   at least half of the irrigation users of groundwater within the boundaries of the groundwater basin or subbasin specified in the petition; and

b)   at least 10 percent of the registered voters residing within the boundaries of the groundwater basin or subbasin specified in the petition. (Sec. 1)

2.   Requires the form of the petition to be substantially similar to an initiative petition except that the county recorder will perform the duties required of the Secretary of State. (Sec. 1)

3.   Prohibits the petition from being accepted more than 180 days after the application for the petition is submitted. (Sec. 1)

4.   Instructs the ADWR Director, after receiving a petition signed by registered voters, to transmit the petition to the county recorder of each county in which the groundwater basin or sub-basin is located for verification. (Sec. 1)

5.   Directs the ADWR Director, upon verification that a sufficient number of persons have signed the petition, to hold a public meeting to describe the boundaries of the proposed TNA, data on groundwater levels within the proposed area and the effect of establishing this area. (Sec. 1)

6.   Requires the ADWR Director to provide reasonable notice of the time and location of the meeting, legal description and map of all lands in the proposed TNA and other information deemed necessary. (Sec. 1)

7.   Requires the meeting be held at a location in the county in which the major portion of the proposed TNA is located within 60 days of when the notice is first published. (Sec. 1)

8.   Directs ADWR to notify the appropriate county recorders when the public meeting is complete and requires the county boards of supervisors to call for an election on the question of designating a TNA. (Sec. 1)

9.   Mandates that this election be conducted similar to a mail ballot election for a special district except that the only eligible voters are registered voters who reside inside the proposed TNA. (Sec. 1)

10.  Clarifies that when the proposed TNA is in more than one county, the respective counties will cooperate in administering the election. (Sec. 1)

11.  Stipulates that the TNA will be established if the majority of persons voting on the question approve its formation and instructs the ADWR Director to file a map of the TNA with the appropriate county recorder(s). (Sec. 1)

12.  Specifies that a TNA may include more than one groundwater subbasin but may not be smaller than a groundwater subbasin or include only a portion of that subbasin. (Sec. 1)

Prohibitions on Irrigation and Limitations on Drilling Wells

13.  Limits, once designation procedures begin, an irrigation user to irrigating acres that were irrigated any time in the five years preceding the start of designation procedures and declares that this limitation remains effective until an election is held on declaring a proposed TNA. (Sec. 1)

14.  Establishes the following limitations once a TNA is established:

a)   Limits irrigating lands with groundwater to those lands that were irrigated at any time during the five years preceding the start of designating procedures;

b)   Clarifies that lands not irrigated during this five-period are considered under irrigation if the ADWR Director determines that substantial capital investment has been made to prepare the lands for irrigation;

c)   Prohibits additional lands from being irrigated with groundwater for five years after the TNA's establishment; and

d)   Forbids ADWR from issuing a drilling card authorizing the drilling of a well in a TNA except under the following circumstances provided that a notice of intent to drill is first filed with ADWR:

i.   Deepening an existing well;

ii. Drilling or causing to be drilled a replacement well;

iii.   A new well that will be used as a recovery well; or

iv. An exempt well. (Sec. 1)

15.  Declares that upon the completion of the five-year period, the prohibitions on irrigating with groundwater and limitations on well drilling no longer apply. (Sec. 1)

Review of Groundwater

16.  Instructs ADWR, at the end of the five-year period, to review the status of groundwater and estimate the amount of any change in groundwater levels in the TNA and submit a report of its findings to the Governor, Senate President and Speaker of the House and provide a copy to the Secretary of State. (Sec. 1)

Miscellaneous

17.  Defines irrigation user of groundwater. (Sec. 1)

18.  Makes technical and conforming changes. (Sec. 2)

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22.                    HB 2442

23.  Initials PAB           Page 0 Caucus & COW

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